Settling Private CERCLA Litigation

Navigating Contribution Protection, Determining Order of Settlement, and Avoiding Unintended Consequences

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


Conducted on Thursday, May 23, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for parties involved in settling private CERCLA litigation. The panel will examine the challenging issues facing plaintiffs and defendants and offer best practices for planning settlement strategy.

Description

Planning settlement strategy for parties involved in CERCLA litigation involves a number of complex factors. When establishing and executing settlement of private CERCLA litigation, environmental counsel must consider contribution protection and deal with regulators regarding site cleanup.

One of the challenges facing plaintiffs is making the decision whether to settle with the government before settling with potentially responsible parties (PRPs). The order of settlement is critical because it may preclude plaintiffs from recovering from other PRPs.

Whether or not a defendant agrees to settle with the government impacts whether contribution protection is available. Defendants must understand which federal contribution protection mechanism—the Uniform Comparative Fault Act or Uniform Contribution Among Tortfeasors Act—that the courts will apply.

Listen as our authoritative panel of environmental attorneys examines contribution, choice of law, and order of settlement issues that arise in private CERCLA litigation. The panel will also offer strategies for settlement of private CERCLA litigation.

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Outline

  1. Issues for plaintiffs
    1. Contribution
    2. Order of settlement
    3. Common law protection
  2. Issues for defendants
    1. Common law protection
    2. UCFA v. UCATA
    3. Contribution protection
  3. Best practices for settling private CERCLA litigation

Benefits

The panel will review these and other key questions:

  • What hurdles do plaintiffs' counsel encounter in seeking settlement of private CERCLA litigation?
  • What factors should defendants' counsel keep in mind when involved in private CERCLA litigation settlements?
  • What best practices should counsel for both plaintiffs and defendants employ when settling CERCLA litigation?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Thomas A. Bloomfield
Thomas A. Bloomfield

Senior Attorney
Gallagher Law Group

Mr. Bloomfield represents public and private clients on major environmental litigation, counseling,...  |  Read More

Michael W. Steinberg
Michael W. Steinberg

Senior Counsel
Morgan Lewis & Bockius

He focuses on environmental law matters, with special emphasis on litigation and counseling involving hazardous...  |  Read More

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