RCRA Liability for Property Owners, Operators and Managers

Minimizing Risks Under the Resource Conservation and Recovery Act and Ensuring Indemnification

Federal courts split over liability under RCRA

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


Conducted on Thursday, January 21, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss how the federal courts are addressing RCRA hazardous waste liability for property owners, operators and managers and outline steps each can take to minimize liability exposure.

Description

The Resource Conservation and Recovery Act (RCRA) governs the handling and disposal of hazardous materials, providing private parties a more cost-effective way to determine responsibility for hazardous waste cleanup.

However, property owners, operators and managers are unsure of the best way to minimize liability due to inconsistent treatment of RCRA liability by the courts. The U.S. District Court for the Northern District of Georgia issued a recent decision that was directly at odds with a District of Colorado ruling.

These decisions highlight the split in the federal courts. The Second Circuit rejected claims against former operators, while district courts within the Sixth, Seventh, and Ninth Circuits have issued contrary opinions.

Listen as our authoritative panel examines RCRA liability, how courts are treating liability of owners, operators, and managers under RCRA, and offers strategies to minimize RCRA liability and ensure indemnification.

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Outline

  1. RCRA liability
    1. Application
    2. Financial responsibility requirements
    3. Citizen suits in authorized states
    4. Enforcement and implementation
  2. Court treatment
    1. Liability of former owners and operators
    2. Imminent and substantial endangerment
  3. Best practices to minimize RCRA liability

Benefits

The panel will review these and other key questions:

  • What constitutes an ongoing violation for purposes of an RCRA citizen suit?
  • What strategies should property owners, operators and managers employ when considering what responsibilities they are willing to assume?
  • What steps can companies and counsel take to ensure indemnification for RCRA responsibility?

Faculty

Steven G. Jones
Steven G. Jones

Partner
Marten Law Group

He has particular expertise in litigation arising under the Comprehensive, Environmental, Response, Compensation and...  |  Read More

Robert W. Lawrence
Robert W. Lawrence

Partner
Davis Graham & Stubbs

He has practiced environmental law for over twenty five years, and has extensive experience in environmental litigation...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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