PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Responsible Parties
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel advising parties involved in contaminated site cleanups on protecting the contribution interests of potentially responsible parties (PRPs) in seeking cost recovery against other PRPs.
Outline
- PRP direct cost recovery under CERCLA Section 107
- Who can bring direct cost recovery claims and when
- Defenses against such claims
- Impact of settlement
- Differences among the courts
- PRP contribution cost recovery under CERCLA Section 113
- Who can bring contribution claims and when
- Defenses against such claims
- Impact of settlement
- Differences among the courts
- Recent developments and court decisions
Benefits
The panel will review these and other relevant issues:
- When can a PRP seek contribution from other PRPs under CERCLA Section 107? Under Section 113?
- What are the ramifications of the recent appellate rulings in Hobart Corp. v. Waste Management of Ohio, Florida Power v. FirstEnergy, Trinity Indus. v. Chicago Bridge & Iron Co., Solutia v. McWane, and Bernstein v. Bankert, among others?
- How does a settlement impact a PRP's ability to recover costs from other PRPs?
- What is the impact of contribution protection on a PRP's ability to recover costs from other PRPs?
Faculty
David J. Armstrong
Partner
Ballard Spahr
Mr. Armstrong counsels clients on environmental risks and liabilities in corporate and real estate transactions and... | Read More
Mr. Armstrong counsels clients on environmental risks and liabilities in corporate and real estate transactions and regulatory compliance. He has significant experience assisting clients in the defense of administrative and civil proceedings involving permitting and environmental enforcement matters at the federal and state levels. Mr. Armstrong also has experience conducting environmental due diligence, negotiating environmental indemnity agreements and environmental insurance policies, and providing advice on environmental issues in a variety of transactions.
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David A. Haworth
Of Counsel
Ballard Spahr
Mr. Haworth has significant environmental litigation experience, including prosecuting and defending remediation claims... | Read More
Mr. Haworth has significant environmental litigation experience, including prosecuting and defending remediation claims under CERCLA and other statutes and common law. As a commercial litigator, Mr. Haworth has extensive experience with disputes involving contractual breaches, unfair competition and general commercial issues; construction defects, liens and sureties; builder performance; redevelopment; business dissolution and shareholder oppression; commercial and residential lending; negligence; product liability; and consumer fraud litigation.
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