Mitigating Environmental Liability from Construction Debris and Contaminated Soil

Leveraging Contractual Indemnity, Developing Waste Management Plan, Determining Liability, and Recovering Remediation Costs

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

Conducted on Wednesday, December 18, 2013
Recorded event now available

This CLE webinar will provide guidance to environmental counsel to mitigate the environmental risks and liability resulting from construction debris and resulting contaminated soil. The panel will offer steps for counsel to all parties involved (landowner, potential purchaser, construction contractor, etc.) to determine which party or parties are liable for clean-up and for recovering remediation costs.


Construction sites are receiving attention from environmental regulators concerning the environmental obligations of the owner, contractors and subcontractors related to construction debris and contaminated soil. Construction waste can be a significant environmental liability.

Construction waste may be the result of anything from discovering an underground storage tank while excavating to the oil from construction machinery seeping into a nearby water supply. Debris and other construction waste are not limited to the construction site itself; such waste is also dumped on other property—properly or improperly.

Failing to comply with environmental law and regulations can be very costly and involves all parties who had control or use of the land. Counsel to owners, contractors and subcontractors must carefully craft agreements to provide for indemnity and waste management plans. Counsel for landowners must understand how, when, where and from whom to seek remediation costs.

Listen as our authoritative panel of environmental attorneys examines the potential risks and liability resulting from construction debris and contaminated soil and discusses the steps that can be taken to mitigate those risks. The panel will offer best practices for determining liability and recovering remediation costs.


  1. Risks and liability resulting from construction debris and contaminated soil
  2. Mitigation of environmental risk
  3. Determining liability
  4. Recovering remediation costs


The panel will review these and other key questions:

  • What are the potential environmental risks for construction debris?
  • What steps can counsel for owners, contractors and subcontractors take to mitigate the environmental risks and liability?
  • What best practices can counsel employ to ensure environmental compliance and remediation for cleanup costs?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Philip L. Comella, Partner
Seyfarth Shaw, Chicago

Mr. Comella is head of the Environmental, Safety and Toxic Torts Group in the firm’s Chicago office. His practice spans both regulatory counseling and environmental-based litigation. With nearly three decades of experience in environmental law, Mr. Comella’s practice focuses on the solid and hazardous waste industry, as well as construction claims with an environmental component. 

Scott D. Deatherage, Partner
Gardere Wynne Sewell, Dallas

Mr. Deatherage's practice focuses on permitting, compliance, administrative law and judicial litigation on a variety of environmental issues including air emissions, wastewater discharges, hazardous waste, hazardous substances and toxic substances. He has significant experience representing oil and gas, industry, finance and real estate clients with respect to environmental matters.


CLE On-Demand - Streaming Audio

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Audio $297.00

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Allen & Overy

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Seattle City Attorney's Office

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Hunton & Williams

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Environmental Law Advisory Board

John J. Allen


Allen Matkins

Albert M. Cohen


Loeb & Loeb

Aaron Courtney


Stoel Rives

Andrew N. Davis


Shipman & Goodwin

David R. Gillay


Barnes & Thornburg

Brian D. Israel


Arnold & Porter Kaye Scholer

Thomas J. P. McHenry


Gibson Dunn & Crutcher

James B. Slaughter


Beveridge & Diamond

Jeffrey A. Smith

Senior Counsel

Sidley Austin

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Senior Counsel

Ring Bender

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