CERCLA Litigation Liability Update: New Cases, New Twists

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Thursday, April 30, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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 impact of COVID-19 on Superfund Site operations.
Faculty

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.

Ms. Schiller, former Chair of the ABA's Superfund and Natural Resources Damages Litigation Committee, handles a wide range of disputes with particular experience in CERCLA, RCRA, cost recovery, contribution and class action litigation, as well as asbestos, toxic tort, pipeline, storage tank, real estate development, and leasing matters. She is a Senior Fellow of the Litigation Counsel of America, trying jury and non-jury cases in federal and state courts and arguing before appellate courts, administrative agencies, and hearing boards throughout the country. Ms. Schiller is also a frequent speaker at legal and industry trade conferences and seminars and is a regular author on environmental and real estate.

Mr. Nwagbaraocha is currently in-house counsel at Xerox Corporation advising on various global environmental, health, safety, and sustainability matters for operations and products. Also as the company's Compliance Leader, he ensures that organizations within the company comply with all applicable laws and internal policies. In both roles, he uses his experience, practical compliance knowledge, and project management skills to provide legal advice and design innovative compliance processes. He holds a B.A. in Environmental Science and Policy from Duke University, an M.P.P from the University of Maryland School of Public Policy, and a J.D. from the University of Maryland School of Law.
Description
The CERCLA became law forty years ago. Since then, its contours and application have been defined not only by a significant amendment in 1984 but also decades of case law. And yet, it remains ever-evolving as courts seek to define and refine even the most basic aspects of CERCLA, from who may be a liable party to what claims may be brought and what damages can be recovered.
Listen as our panel discuss some of the more recent developments in Superfund, looking at a wide variety of decisions from the United States Supreme Court, Courts of Appeal and District Courts, including cases that are groundbreaking and those that reveal some of CERCLA’s underappreciated nuances. Topics will include arranger liability, accrual of claims, sovereign immunity, preemption, statutes of limitation and allocation. In addition, the panel will discuss the effect of state and local Stay-At-Home Orders as they apply to Superfund sites and provide practical tips for performing PRPs.
Outline
- Superfund Liability: An Overview
- PRPs: Owners, Operators, Arrangers, and Transporters
- Accrual of Claims and Statutes of Limitations
- Liability Defenses: Sovereign Immunity, Preemption, and Releases
- Allocation/Damages
- COVID-19 Issues
Benefits
The panel will review these and other key issues:
- Determining whether an individual or company is a liable PRP
- Evaluating the appropriate claims and applicable of statutes of limitations
- Addressing the effects of COVID-19 on Superfund site operations
Related Courses

Allocating CERCLA Liability: Divisibility or Section 113 Equitable Contribution
Available On-Demand

Environmental Audits: Privilege, Voluntary Disclosure, and Other Legal Issues
Available On-Demand
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