Recent CERCLA Decisions: Complexities of Contribution Claims, Arranger Liability, Divisibility, Settlement
Recording of a 90-minute CLE video webinar with 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:
- 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?
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
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