Recent CERCLA Decisions: Complexities of Contribution Claims, Arranger Liability, Divisibility, Settlement
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss the latest key appellate and Supreme Court CERCLA decisions, provide insights into lessons from the courts for environmental counsel and their clients going forward, and offer best practices for handling CERCLA issues.
- Supreme Court CERCLA decisions
- District court CERCLA decisions
- Federal appellate court CERCLA decisions
- Decisions by the administration
- What the decisions mean for future cases
- Best practices in light of recent CERCLA decisions
The panel will review these and other key issues:
- How can the limitations in Guam v. United States affect complex environmental claims brought under CERCLA and additional regulations?
- Under what circumstances do companies need to proactively address potential parent liability for CERCLA cleanup costs caused by a subsidiary?
- What triggers an obligation on the part of a federal district court to delve into the terms of a CERCLA settlement agreement?
- Do consent decrees related to a CERCLA case start the three-year statute of limitations?
- What evidence is necessary to establish the divisibility of harm and avoid joint and several liability under CERCLA?
- What changes, if any, by the current administration impact the likelihood of CERCLA actions proceeding?
Denise G. Fellers
Morgan Lewis & Bockius
Ms. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater... | Read More
Ms. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater contamination, including cost recovery and mass toxic tort litigation. She has experience in litigation under a variety of state and federal environmental laws, such as the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, and litigation under the state counterparts, such as the California Hazardous Substance Account Act.Close
Jillian C. Kirn
Ms. Kirn focuses her practice on environmental and energy matters. She represents clients in litigation in state and... | Read More
Ms. Kirn focuses her practice on environmental and energy matters. She represents clients in litigation in state and federal courts and works on behalf of developers and corporations in connection with the acquisition, transfer, financing, and sale of contaminated real estate, including complex project redevelopments and environmental liability transfers. Prior to joining the firm, Ms. Kirn handled air, waste and toxics enforcement matters in the U.S. EPA’s Office of Regional Counsel in Seattle.Close
Peter J. McGrath, Jr.
Moore & Van Allen
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients... | Read More
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients extensive counseling and litigation experience with environmental issues arising in business and real estate transactions. He provides his clients cutting-edge counsel on matters pertaining to the Clean Air Act, Clean Water Act, CERCLA, RCRA, OSHA, and other environmental and safety regulations. Mr. McGrath also conducts pioneering environmental litigation and administrative actions, and manages environmental remediations under RCRA, CERCLA and analogous state laws. His extensive environmental litigation experience includes defense of Clean Water Act citizen suits, cases involving allegations of groundwater contamination, and defense of civil and criminal enforcement actions.Close