CERCLA Litigation Liability Update: New Cases, New Twists
Recording of a 90-minute CLE webinar with Q&A
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.
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
Faculty
Denise G. Fellers
Partner
Morgan Lewis & Bockius
Ms. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater... | Read More
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.
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Jonathan Nwagbaraocha
Counsel - Environment, Health, Safety & Sustainability and Compliance Leader
Xerox
Mr. Nwagbaraocha is currently in-house counsel at Xerox Corporation advising on various global environmental, health,... | Read More
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.
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Shoshana Suzanne Ilene Schiller
Partner
Manko Gold Katcher & Fox
Ms. Schiller, former Chair of the ABA's Superfund and Natural Resources Damages Litigation Committee, handles a... | Read More
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.
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