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Groundwater Contamination Litigation: Proving and Defending Against Liability

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 24, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends related to damage recovery, and outline best practices for proving and defending against liability.


Groundwater contamination litigation is on the rise. There has been a string of recent cases, and courts have ordered defendants to pay millions of dollars in damages due to groundwater contamination claims. For example, one company agreed to pay $204 million to settle a suit over decades-long groundwater contamination in Delaware in April 2021. In October 2021, two other companies settled a 30-year-old claim in California for $77.6 million in a lawsuit for groundwater contamination related to pesticides released into the water.

Litigation of such claims is quite arduous. Proving or defending against groundwater contamination liability involves significant documentation, scientific reports, and expert testimony. With increasing regulatory and litigation activity related to groundwater pollution, counsel must have the tools necessary to strategize in proving or defending against liability.

Listen as our panel of experts examines the regulatory structures for groundwater contamination, discusses lessons learned from recent cases of significance and the trends for damage recovery, and offers best practices for identifying the sources and proving liability, as well as defending against such claims.



  1. Federal and state regulatory structures
  2. Recent litigation
    1. Lessons learned from recent cases
    2. Trends in damages recovery
  3. Strategies for proving liability
    1. Identifying source
    2. Nexus
    3. Documentation
    4. Science
    5. Experts


The panel will review these and other high priority issues:

  • What are the lessons from recent groundwater contamination litigation?
  • How are courts reacting to groundwater contamination cases?
  • What strategies can counsel employ to prove liability for groundwater contamination? Conversely, what strategies can defense counsel use to defend against such claims?


Croner, Andrew
Andrew W. Croner

Napoli Shkolnik

Mr. Croner is a partner at Napoli Shkolnik PLLC and heads the firm’s Environmental department. His practice...  |  Read More

Thompson, Andrew
Andrew M. Thompson

Smith Gambrell & Russell

Mr. Thompson’s practice includes environmental, commercial and insurance-related litigation in state and federal...  |  Read More

Taylor, R. Trent
R. Trent Taylor


Mr. Taylor defends complex toxic tort and products liability cases with an emphasis on public and private nuisance...  |  Read More

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