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  • videocam On-Demand
  • card_travel Environmental
  • schedule 90 minutes

CERCLA Litigation Liability Update: New Cases, New Twists

$297.00

This course is $0 with these passes:

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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.

Presented By

Denise G. Fellers
Partner
Morgan, Lewis & Bockius LLP

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.

Jonathan Nwagbaraocha
Counsel - Environment, Health, Safety & Sustainability and Compliance Leader
Xerox, Corporation

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.

Shoshana Suzanne Ilene Schiller
Partner
Manko Gold Katcher & Fox, LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, April 30, 2020

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Superfund Liability: An Overview
  2. PRPs: Owners, Operators, Arrangers, and Transporters
  3. Accrual of Claims and Statutes of Limitations
  4. Liability Defenses: Sovereign Immunity, Preemption, and Releases
  5. Allocation/Damages
  6. COVID-19 Issues

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