RCRA Litigation and the Substantial Endangerment Requirement
Defending RCRA Citizen Suits by Proving Plaintiff Failed to Demonstrate Imminent Harm
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to environmental counsel on prevailing in or successfully defeating a RCRA citizen suit based on failure to demonstrate imminent harm. The panel will discuss the common pitfalls and offer strategies for defeating claims of imminent and substantial endangerment.
- RCRA 7002
- History and elements
- Why plaintiffs use RCRA 7002 and the implications of using it
- Demonstrating imminence requirement
- Risk threatens to occur immediately
- More than speculation
- Court treatment
- Common pitfalls
- Best practices for defeating claims based on failure to show imminent harm
- Harm occurred in past
- Speculative nature of the alleged harm
- Presence of contamination alone is not enough
- Litigation Issues
- Summary judgment considerations
- Use of fact and expert witnesses
The panel will review these and other key questions:
- What common pitfalls do defendants encounter when faced with RCRA citizen suits?
- When can a claim be defeated based wholly on past harm or the speculative nature of the alleged harm?
- What steps should counsel take to defeat claims of imminent and substantial endangerment?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Andrew J. Carafelli
Dewhirst & Dolven
He focuses on environmental law, transportation law, and the representation of public entities and outdoor recreational... | Read More
He focuses on environmental law, transportation law, and the representation of public entities and outdoor recreational companies. His practice includes the defense of railroads including but not limited to, FELA and grade crossing accident litigation.Close
Sive Paget & Riesel
Mr. Riesel litigated a wide variety of cases which include numerous environmental matters, white collar defense, civil... | Read More
Mr. Riesel litigated a wide variety of cases which include numerous environmental matters, white collar defense, civil rights, and commercial matters. His litigation experience ranges from pre-trial practice in complex litigation to appellate advocacy. His extensive environmental and litigation practice has been recognized by several organizations that conduct peer evaluation of lawyers. Chambers & Partners’ survey of environmental lawyers ranks him as one of the top tier environmental lawyers in New York. He is a former Chief of the Environmental Protection Unit of the U.S. Attorney’s Office, Southern District of New York.Close