RCRA Liability for Property Owners, Operators and Managers: Enforcement Trends and Regulatory Developments

Navigating New Post-Closure Guidelines, Revised Definition of Solid Waste, Hazardous Waste Generator Improvements and More

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A


Tuesday, June 27, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 2, 2017


This CLE webinar will discuss how the federal courts are addressing Resource Conservation and Recovery Act (RCRA) hazardous waste liability for property owners, operators and managers, and outline steps each can take to minimize liability exposure. The program will look at recent enforcement trends and regulatory developments.

Description

RCRA governs the management and disposal of solid wastes, including hazardous wastes, providing private parties a more cost-effective way to determine responsibility for hazardous waste cleanup.

When a hazardous waste management unit stops receiving waste at the end of its active life, it must be closed, remediated, monitored, and maintained in accordance with the RCRA closure and post-closure care requirements. All hazardous waste management units, and the treatment, storage and disposal facilities where they are located, are subject to closure and post-closure care requirements.

The EPA’s recently issued Guidelines for Evaluating and Adjusting the Post-Closure Care Period for Hazardous Waste Disposal Facilities assists regulators in evaluating conditions at hazardous waste disposal facilities approaching the end of the original 30-year post-closure care period. Other recent regulatory developments include EPA’s revisions to the definition of solid waste and EPA’s hazardous waste generator improvements rule.

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. The panel will also discuss recent regulatory developments and potential future trends.

Outline

  1. Current trends in RCRA enforcement
    1. Liability of former owners and operators
    2. Imminent and substantial endangerment
    3. Best practices to minimize RCRA liability
  2. Regulatory developments
    1. EPA’s guidelines for evaluating the post-closure care period for hazardous waste disposal
    2. EPA’s 2015 revisions to the definition of solid waste
    3. EPA’s 2016 hazardous waste generator improvements rule
    4. Potential EPA revisions to the RCRA oil and gas waste rules
    5. Potential changes to EPA’s RCRA E-manifest program
  3. A look into the future of RCRA under the new administration
    1. Impact of proposed budget cuts on enforcement
    2. RCRA citizen’s suits

Benefits

The panel will review these and other key issues:

  • 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 can we expect to see for the future of RCRA under the new administration?

Faculty

David T. Buente, Jr., Partner
Sidley Austin, Washington, D.C.

Mr. Buente is co-leader of the Firm’s Environmental group and represents clients in complex environmental litigation and rulemaking matters, with an emphasis on Clean Air Act (CAA), Clean Water Act, CERCLA (Superfund) and RCRA, environmental criminal and toxic tort litigation. Building upon his 15 years as an environmental prosecutor, including at the Department of Justice (DOJ) where he served as Chief, Environmental Enforcement Section, corporations turn to him for representation in complex federal environmental enforcement matters with DOJ and EPA and in defending toxic tort claims by states and private parties.

Joseph P. Koncelik, Partner
Tucker Ellis, Cleveland

Mr. Koncelik, chair of the Tucker Ellis Environmental and Renewable Energy Group, has more than two decades of experience practicing in the areas of environmental law, property development and remediation, and oil and gas. He has 12 years of government regulatory experience gained as Ohio EPA director and chief legal counsel under Governor Taft’s administration and as an assistant attorney general in the Environmental Enforcement Section. He has significant experience in resolving a range of challenging and complex state and federal environmental issues. He has been involved in environmental due diligence associated with significant business transactions and more than 200 different properties. His areas of expertise include: air emissions, wastewater discharges, hazardous and solid waste management, construction and demolition debris, and wetlands. 

Danny G. Worrell, Partner
Katten Muchin Rosenman, Austin, Texas

Mr. Worrell focuses his practice on environmental contested case permitting and enforcement, Superfund litigation, and transactions and investigations involving environmental matters. He advises clients on regulatory compliance involving solid and hazardous waste, air quality, water quality, injection wells, underground and above-ground storage tanks, asbestos, polychlorinated biphenyls (PCBs), water and wastewater utilities, pesticides and pipelines, and in situ uranium mining.


Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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CLE On-Demand Video $247.00
Available 48 hours after the live event

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Includes Special Savings of $250.00 (through 06/02/17)


Webinar

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Early Registration
Discount Deadline
June 2, 2017
(7 days)

CLE Credits By State

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Customer Reviews

I liked the practical nature of the materials and use of examples and case summaries.

Allison Edgar

Parker Poe Adams & Bernstein

Clearly had right speakers for this seminar.

Greg DeGulis

McMahon DeGulis

I appreciated the depth with which the presenters discussed the subject.

Dan Jordanger

Hunton & Williams

I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.

Felise Cooper

Allen & Overy

The seminar was very informative and the speakers provided great handouts that will be a great reference tool in the future.

Michelle Rosenthal

Garvey Schubert Barer

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Partner

Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Wrenn Bender

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