Joint and Several Liability and Arranger Liability Under CERCLA
Minimizing Liability and Managing Exposure Since Burlington Northern
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide environmental legal advisors with a review of the Burlington Northern ruling, how courts are applying it, and the implications for liability under CERCLA. The panel will offer best practices for reducing liability and recovering remediation costs.
Outline
- Burlington Northern and Santa Fe Railway Co. v. U.S. and its application
- Supreme Court’s decision
- Court treatment of joint and several liability following Burlington Northern
- Arranger liability
- Limitations
- Court treatment of arranger liability following Burlington Northern
- How it has changed the landscape
- Cost recovery
- Joint and several liability
- Government cost recover actions
- Unilateral 106 orders
- Increased litigation
- Coverage for orphan shares
- Impact on landowner liability
- How lower courts and agencies have responded to the open questions left by the decision
- Best practices
- Minimizing CERCLA liability
- Recovering remediation costs from other PRPs
Benefits
The panel will review these and other key questions:
- What constitutes a reasonable basis for apportionment?
- How can landowners and arrangers minimize their liability under CERCLA?
- What are the key steps to recover remediation costs from other PRPs?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Jeffrey D. Dintzer
Partner
Gibson Dunn & Crutcher
He co-chairs the firm's Environmental Litigation and Mass Tort Practice Group and focuses on litigation involving... | Read More
He co-chairs the firm's Environmental Litigation and Mass Tort Practice Group and focuses on litigation involving the environment and land use entitlements. He has significant experience in defending large toxic tort cases and class action litigation. He extensive experience in cost recovery actions under CERCLA, RCRA, and the state equivalents.
CloseMarc A. Zeppetello
Partner
Barg Coffin Lewis & Trapp
Mr. Zeppetello has extensive experience with counseling and litigation related to federal and state environmental... | Read More
Mr. Zeppetello has extensive experience with counseling and litigation related to federal and state environmental laws, with emphasis on the Clean Water Act, cleanup of contaminated property and cost recovery, hazardous waste management, and land use. He was a member of the Railroads' trial team in the Burlington Northern case and was involved in the briefing at the Ninth Circuit and the U.S. Supreme Court.
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