RCRA Litigation Strategies: Defeating Claims of Substantial Endangerment
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 for prevailing in or successfully defeating a Resource Conservation and Recovery Act (RCRA) citizen suit based on failure to demonstrate imminent harm. The panel will discuss common pitfalls and offer strategies for defeating claims of imminent and substantial endangerment.
- RCRA §7002
- Why plaintiffs use RCRA §7002
- Implications of using RCRA §7002
- 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 issues:
- 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?
Morgan Lewis & Bockius
Mr. McGahren counsels clients on litigation, enforcement, and transactional matters. He prosecutes and defends citizen... | Read More
Mr. McGahren counsels clients on litigation, enforcement, and transactional matters. He prosecutes and defends citizen suits, Superfund and RCRA disputes, Clean Water and Air Act litigation, state law actions, and natural resource damage claims. He represents clients in commercial litigation, products liability, toxic tort, and government contract claims. John frequently provides counsel on US federal and state regulatory matters and investigations. He serves as deputy chair of the firm’s global environmental practice.Close
Michael W. Steinberg
Morgan Lewis & Bockius
Mr. Steinberg focuses on environmental law matters, especially litigation and counseling involving hazardous waste... | Read More
Mr. Steinberg focuses on environmental law matters, especially litigation and counseling involving hazardous waste issues under the RCRA, Superfund law, and environmental justice issues. He has testified before Congress on Superfund liability and enforcement issues and serves as outside counsel to the Superfund Settlements Project and to the Business Network for Environmental Justice.Close