Zombie Corporations and CERCLA Liability: Identifying and Pursuing Zombie PRPs
April 15, 2021 • CLE • CLE On-Demand, Download
This CLE course will guide counsel on identifying and pursuing defunct or "zombie" corporations and their insurance assets as a source of funding cleanup of contamination sites. The panel will discuss what to do after identifying zombie candidates, claims evaluation due diligence, litigation trends...
ASTM E1527: Lessons From Applying the Current Phase I Site Assessment Standards Guide and...
Meeting Appropriate Inquiry Requirements and Limiting CERCLA Liability
February 17, 2021 • CLE • CLE On-Demand, Download
This CLE course will review the previously revised ASTM E1527 standard for conducting environmental site assessments (ESAs), how the standard has changed, and practical considerations for using the standard. The panel will discuss the practical considerations in conducting all appropriate inquiries...
Brownfield Redevelopment in Opportunity Zones: Taking Advantage of OZ Tax Benefits
Determining Substantial Costs, Vacancy, and Environmental Remediation
May 20, 2020 • CLE • CLE On-Demand, Download
This CLE course will provide counsel with guidance based on the opportunity zone (OZ) regulations recently released by the Treasury Department related to brownfield redevelopment. The panel will address the IRS requirements in the assessment, remediation, and redevelopment of brownfield properties l...
CERCLA Litigation Liability Update: New Cases, New Twists
April 30, 2020 • CLE • CLE On-Demand, Download
This CLE course will provide environmental counsel with a review of recent court rulings on the liability of potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund or CERCLA). In addition, the presenters will discuss the impa...
Settling CERCLA Cases: Executing an Effective Strategy
Resolving CERCLA Litigation and Minimizing the Threat of Future RCRA Citizen Suits and CER...
March 26, 2020 • CLE • CLE On-Demand, Download
This CLE course will provide guidance to counsel for parties of CERCLA litigation on settlement strategies and implications. The panel will examine potential future claims the parties may face, and the need for careful consideration when determining with whom to settle and the order in which to sett...
CERCLA Bona Fide Prospective Purchaser Defense: Securing and Maintaining Liability Protect...
Strategies for Overcoming BFPP Defense Challenges and Restrictions
February 5, 2020 • CLE • CLE On-Demand, Download
This CLE course will guide counsel for parties involved in the purchase of a contaminated site to secure and maintain the CERCLA bona fide prospective purchaser (BFPP) defense. The panel will offer best practices for the redevelopment of contaminated sites in light of recent federal court decisions...
Allocating CERCLA Liability: Divisibility or Section 113 Equitable Contribution
Assessing Harm, Proving Divisibility of Harm Defense Absent a Bright-Line Test, and Apport...
January 29, 2020 • CLE • CLE On-Demand, Download
This CLE course will discuss how recent court decisions have addressed divisibility in CERCLA litigation. The panel will provide guidance for environmental counsel on when the divisibility of harm defense is appropriate and tactics to overcome challenges in proving divisibility.
Superfunds Evolving Liability Landscape: Defeating CERCLA Liability Under the BUILD Act an...
Asserting BFPP Defense After Brownfields Utilization, Investment, and Local Development Ac...
November 14, 2019 • CLE • CLE On-Demand, Download
This CLE course will provide counsel for tenants, or prospective tenants, of contaminated industrial or manufacturing sites with information and critical guidance on defending liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) using the up...
CERCLA Actions and Statute of Limitations: Navigating the Circuit Split, Lessons From Rece...
Practical Implications for Whether Judicially Approved Settlement Requires Resolution of C...
May 9, 2018 • CLE • CLE On-Demand, Download
This CLE course will guide counsel on the application of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) statute of limitations and explain when settlements trigger the statute. The panel will examine recent decisions, analyze a federal circuit split, and offer best...
NRD Recovery Under CERCLA and OPA: What to Expect in 2018
December 20, 2017 • CLE • CLE On-Demand, Download
This CLE course will discuss deregulatory and budgetary initiatives by the current administration and the impact of these initiatives as applied to natural resource damage (NRD) assessment and lawsuits under CERCLA and the Oil Pollution Act (OPA).
CERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and N...
Growing Liability Trend In Light of Chevron Mining and El Paso Natural Gas
November 21, 2017 • CLE • CLE On-Demand, Download
This CLE course will provide a brief overview of CERCLA and PRP liability and focus on U.S. government liability for cleanup costs and for natural resource damage to public lands. The program will discuss a recent case law trend of finding the federal government liable in its various roles as landlo...
Arranger Liability Under CERCLA: Leveraging Recent Court Decisions
Reducing Liability Amid Uncertainty and Absent Clear Guidance
January 21, 2015 • CLE • CLE On-Demand, Download
This CLE course will provide environmental counsel with a briefing of how recent court decisions have addressed arranger liability issues and their implications for CERCLA liability. The panel will provide guidance to counsel on overcoming the challenging issues in arranger liability litigation.
CERCLA Preemption of State Law Claims
Bringing or Surviving Preemption Challenges to Maximize Contribution Protection
August 20, 2013 • CLE • CLE On-Demand, Download
This CLE course will provide guidance to counsel on when CERCLA preempts state law claims. The panel will review recent treatment by the courts on preemption challenges and will offer best practices for representing potentially responsible parties (PRPs) and surviving preemption challenges.
CERCLA, CWA and State Law: Complexities With Overlapping Authorities
Navigating Requirements for Soil and Sediment Remediation and Storm and Surface Water Mana...
August 8, 2013 • CLE • CLE On-Demand, Download
This CLE course will provide guidance for environmental counsel to navigate the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Water Act (CWA), National Pollutant Discharge Elimination System (NPDES) permitting, and state laws when dealing with remediation a...
Natural Resource Damages Under CERCLA: Recoverability and Assessment Challenges
Evaluating, Valuing, and Proving or Disproving Injury and Damages
June 6, 2013 • CLE • CLE On-Demand, Download
This CLE course will prepare counsel for companies involved in natural resource damages (NRD) claims or settlements to participate in the process of recovering NRD. The panel will outline strategies to prove or disprove the recoverability, assessment and quantification of natural resource injuries.
Settling Private CERCLA Litigation
Navigating Contribution Protection, Determining Order of Settlement, and Avoiding Unintend...
May 23, 2013 • CLE • CLE On-Demand, Download
This CLE course 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.