Latest CERCLA Decisions and Navigating Complexities: Arranger Liability, Divisibility, Settlement and More

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

Conducted on Thursday, June 13, 2019

Recorded event now available

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Program Materials

This CLE webinar will discuss the latest key federal court CERCLA decisions, provide insights into lessons from the courts for environmental counsel and their clients going forward, and offer best practices for handling CERCLA issues.

Description

Counsel must be up to date and understand the significant developments over the past year from federal court rulings. Further, counsel must follow the decisions by the administration that have affected the likelihood of CERCLA suits.

Recent rulings also conclude that federal district courts have an independent obligation to scrutinize CERCLA settlement terms rather than giving full deference to the parties. Under this standard, courts must independently examine the terms of a consent decree by comparing "the proportion of total projected costs to be paid by the [settling parties] with the proportion of liability attributable to them."

Further, several years after the landmark Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), federal courts of appeal and district courts continue to clarify the circumstances in which a person is liable as an "arranger" under CERCLA for arranging for the disposal of hazardous substances.

Listen as our panel of environmental attorneys analyzes the latest and most important federal court CERCLA decisions. The panel will provide insight into what those decisions mean going forward and offer best practices for handling CERCLA issues.

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Outline

  1. District court CERCLA decisions
  2. Federal appellate court CERCLA decisions
  3. Decisions by the administration
  4. What the decisions mean for future cases
  5. Best practices in light of recent CERCLA decisions

Benefits

The panel will review these and other key issues:

  • Under what circumstances do companies need to proactively address potential parent liability for CERCLA cleanup costs caused by a subsidiary?
  • What triggers an obligation on the part of a federal district court to delve into the terms of a CERCLA settlement agreement?
  • Does any kind of consent decree related to a CERCLA case start the three-year statute of limitations?
  • What evidence is necessary to establish the divisibility of harm and avoid joint and several liability under CERCLA?
  • What changes, if any, by the current administration impact the likelihood of CERCLA actions proceeding?

Faculty

Reck, Belynda
Belynda S. Reck
Partner
K&L Gates

Ms. Reck is a partner in the firm’s Los Angeles office. She is a member of the environment, land and natural...  |  Read More

Knowlton, Leah J.
Leah J. Knowlton
Partner
Taylor English Duma

Ms. Knowlton has more than 25 years of experience counseling clients on environmental regulatory matters and...  |  Read More

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