Resolving Superfund Liability and Protecting PRP Interests

Recent Developments and Best Practices in Settling and Preserving CERCLA Claims

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, March 22, 2022

Recorded event now available

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Course Materials

This CLE course will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling potentially responsible parties (PRPs) and, on the other hand, protecting the contribution interests of non-settling PRPs.

Description

Settlements resolve most Superfund matters--settlements with regulators and settlements among private parties. But, not all settlements are created equal, provide the protection-release that parties seek, or preserve the contribution and cost recovery rights that releasors intend to retain.

The United States Supreme Court’s decisions in Guam v. United States and Atlantic Richfield Co. v. Christian and lower court decisions, such as New Jersey DEP v. American Thermoplastics Corp., Arconic v. APC Investment, and ASARCO LLC v. Union Pac. RR Co. provide lessons and guidance for practitioners.

This program will evaluate the risks and rewards of CERCLA settlements and how to craft them--or attack them--to protect client interests best.

Listen as our authoritative panel of environmental law attorneys examines recent PRP intervention trends and developments and offers best practices for CERCLA settlements, including settlement incentives for PRPs and when a PRP should settle.

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Outline

  1. Administrative orders and agreements and consent decrees: settling with the government
  2. Allocation agreements and cash-outs: private party settlements
  3. Intervention and other challenges to settlements
  4. Recent CERCLA decisions involving settlements
  5. Best practices for protecting client interests

Benefits

The panel will review these and other key issues:

  • How can a settling PRP minimize the risk of future claims?
  • What can a non-settling party do to mitigate the risk of disproportionate liability?
  • Under what circumstances should a PRP seek to participate in a settlement?
  • What strategies should PRPs employ to protect their contribution interests in settlements to which they are not a party?

Faculty

Schiller, Suzanne
Shoshana Suzanne Ilene Schiller

Partner
Manko Gold Katcher & Fox

Ms. Schiller, former Chair of the ABA's Superfund and Natural Resources Damages Litigation Committee, handles a...  |  Read More

Cohen, Albert
Albert M. Cohen

Partner
Loeb & Loeb

Mr. Cohen's practice includes complex environmental cases and transactions involving soil and groundwater...  |  Read More

Fellers, Denise
Denise G. Fellers

Partner
Morgan Lewis & Bockius

Ms. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater...  |  Read More

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