CERCLA Liability and Reopened Superfund Sites: PRP Impact, Settlement Consequences, Insurance Considerations
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address the implications of ongoing CERCLA liability for potentially responsible parties (PRPs) given the EPA's recent indication that closed Superfund sites may be reopened to address PFAS contamination and due to the new reduced screening levels for lead-contaminated soil. The panel will address remedial measures that PRPs may want to take in advance of possible site reopening and discuss methods of mitigating risk including insurance considerations and language in consent decrees.
Outline
- Overview of CERCLA liability and settlement process
- EPA's authority to reopen closed Superfund sites
- PFAS hazardous substances designation
- Reduced lead screening levels
- Impact on PRPs
- Strategies
- Insurance considerations
- Consent decrees
- Others
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- Under what circumstances may the EPA reopen closed Superfund sites? What recent developments may prompt reopening sites?
- How may reopened Superfund sites impact former PRPs? New PRPs?
- What remedial measures may PRPs take in advance of possible reopening?
- What insurance considerations should counsel and their clients examine when faced with the possibility of a reopened Superfund site?
- What are best practices for limiting liability and mitigating risk?
Faculty
Mark S. Heinzelmann
Counsel
Lowenstein Sandler
Mr. Heinzelmann counsels business clients on regulatory issues, dispute resolution, and federal and state court... | Read More
Mr. Heinzelmann counsels business clients on regulatory issues, dispute resolution, and federal and state court litigation. Prior to joining the firm, he served as a Deputy Attorney General for the State of New Jersey’s Department of Law & Public Safety, Division of Law, and Environmental Enforcement and Cost Recovery department. In that capacity, Mr. Heinzelmann assisted the Department of Environmental Protection in recovering unpaid costs for the remediation of contaminated sites and was involved in enforcing the Spill Compensation and Control Act, Water Pollution Control Act, Underground Storage Tank Act, Industrial Site Recovery Act, Brownfield and Contaminated Site Remediation Act, and Site Remediation Reform Act. He advised on the establishment and enforcement of liens and executed enforcement actions in municipal court and the Office of Administrative Law. Mr. Heinzelmann also worked extensively on issues involving the New Jersey Spill Compensation Fund and Hazardous Discharge Site Remediation Fund claims programs and advised on the legal impact of new hazardous substance remediation standards.
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Andrew P. Van Osselaer
Attorney
Haynes and Boone
Mr. Van Osselaer is an insurance coverage and environmental litigator who represents clients in disputes with their... | Read More
Mr. Van Osselaer is an insurance coverage and environmental litigator who represents clients in disputes with their insurers, environmental agencies, and other parties. In his insurance coverage practice, Mr. Van Osselaer represents policyholders across all lines of commercial insurance, including environmental liability, professional liability, property, and D&O. In the environmental space, Mr. Van Osselaer’s practice runs the gamut from defending clients in enforcement actions based on alleged water, air, and waste violations, to litigating private causes of action, including under RCRA and CERCLA. In addition to being well versed in more-traditional environmental issues, like groundwater contamination, vapor intrusion, and issues arising from recycling and disposal operations, Mr. Van Osselaer’s repertoire is uniquely augmented by his insurance coverage experience. His double disciplinary approach makes him indispensable in environmental emergencies and disasters where coverage is critical to clean up, paying claims, and restoring operations. He is a frequent speaker and author on subjects pertaining to insurance coverage and environmental law, including matters related to PFAS and other emerging contaminants. Mr. Van Osselaer is Co-Chair of the Environmental & Energy Subcommittee of the ABA Insurance Coverage Litigation Section and a planning committee member for the Texas Bar’s Environmental Superconference.
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Cynthia M. Teel
Partner
Lathrop GPM
Ms. Teel advises clients on environmental issues that arise in the litigation, transactional, and regulatory contexts.... | Read More
Ms. Teel advises clients on environmental issues that arise in the litigation, transactional, and regulatory contexts. She has extensive knowledge of state and federal requirements, particularly as they relate to landfills/solid waste, hazardous substances, agriculture, and oil and gas. Ms. Teel has represented clients in environmental negotiations/enforcement actions with federal and state agencies and assisted with litigation of environmental claims in administrative, state, and federal courts, including Superfund and odor nuisance class actions. She regularly analyzes real estate deals and tax credit projects for environmental risks and provides strategies for minimizing those risks. Recent regulatory experience includes a focus on emerging contaminants such as PFAS and dealing with technologically enhanced naturally occurring radioactive materials (TENORM).
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