PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Responsible Parties
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel advising parties involved in contaminated site cleanups on protecting the contribution interests of potentially responsible parties (PRPs) in seeking cost recovery against other PRPs.
Outline
- PRP direct cost recovery under CERCLA Section 107
- Who can bring direct cost recovery claims and when
- Defenses against such claims
- Impact of settlement
- Differences among the courts
- PRP contribution cost recovery under CERCLA Section 113
- Who can bring contribution claims and when
- Defenses against such claims
- Impact of settlement
- Differences among the courts
- Recent developments and court decisions
Benefits
The panel will review these and other relevant issues:
- When can a PRP seek contribution from other PRPs under CERCLA Section 107? Under Section 113?
- How does a settlement impact a PRP's ability to recover costs from other PRPs?
- What is the impact of contribution protection on a PRP's ability to recover from other PRPs?
- What is the status of recent developments and case law related to PRPs seeking contribution under Sections 107 and 113?
Faculty
Peter J. McGrath, Jr.
Member
Moore & Van Allen
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients... | Read More
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients extensive counseling and litigation experience with environmental issues arising in business and real estate transactions. He provides his clients cutting-edge counsel on matters pertaining to the Clean Air Act, Clean Water Act, CERCLA, RCRA, OSHA, and other environmental and safety regulations. Mr. McGrath also conducts pioneering environmental litigation and administrative actions, and manages environmental remediations under RCRA, CERCLA and analogous state laws. His extensive environmental litigation experience includes defense of Clean Water Act citizen suits, cases involving allegations of groundwater contamination, and defense of civil and criminal enforcement actions.
Close
Matthew A. Walker
Partner
Lathrop GPM
Mr. Walker’s practice includes all areas of environmental law, including litigation, regulatory compliance, and... | Read More
Mr. Walker’s practice includes all areas of environmental law, including litigation, regulatory compliance, and assistance with corporate transactions. He utilizes his background working for environmental regulatory agencies to advise a wide range of clients on environmental matters under federal and state law, and in judicial and administrative forums. Mr. Walker is well-versed in litigation matters involving the core environmental laws, including suits under the Clean Water Act, contaminants and toxic tort, enforcement actions for waste violations and issues surrounding state and federal CERCLA claims. He also focuses on monitoring state and federal investigation and regulation of PFAS, and helps businesses develop strategies to adapt to regulatory developments. Mr. Walker’s environmental regulatory work has involved handling complex site investigation and remediation projects, Clean Air Act and Clean Water Act permit modifications and compliance counseling and enforcement disputes. Relying on his technical background in environmental science, he works closely with consultants and state and federal government agencies to amicably resolve potential claims. Additionally, he assists buyers, sellers and financial institutions identify risks through environmental due diligence and negotiate contractual protections related to the sale and acquisition of businesses and property in a variety of industries.
Close
Dane Warren
Attorney
Sive Paget & Riesel
Mr. Warren’s practice focuses on environmental and land use litigation, environmental review of development... | Read More
Mr. Warren’s practice focuses on environmental and land use litigation, environmental review of development projects, and regulatory compliance counseling. His experience includes environmental review and permitting of development projects under the National Environmental Policy Act and the New York State Environmental Quality Review Act; negotiation and resolution of environmental enforcement matters before state and local agencies, including under the New York Brownfield Cleanup Program; advising clients on waterfront development projects; and representing clients in litigation concerning local zoning and land use issues. Mr. Warren has also represented clients in federal litigation concerning the emerging contaminant 1,4-Dioxane. Prior to joining the firm, he clerked on the U.S. District Court for the Southern District of New York and on the U.S. Court of Appeals for the Fourth Circuit.
Close