Resolving Superfund Liability and Protecting PRP Interests: Settling and Preserving CERCLA Claims
PRP Intervention Trends and Developments; Best Practices for CERCLA Settlements
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling potentially responsible parties (PRPs) and, on the other hand, protecting the contribution interests of non-settling PRPs.
Outline
- Administrative orders and agreements and consent decrees: settling with the government
- Allocation agreements and cash-outs: private party settlements
- Intervention and other challenges to settlements
- Recent CERCLA decisions involving settlements
- Best practices for protecting client interests
Benefits
The panel will review these and other key issues:
- How can a settling PRP minimize the risk of future claims?
- What can a non-settling party do to mitigate the risk of disproportionate liability?
- Under what circumstances should a PRP seek to participate in a settlement?
- What strategies should PRPs employ to protect their contribution interests in settlements to which they are not a party?
Faculty
Loren R. Dunn
Principal
Beveridge & Diamond
Mr. Dunn represents regional and national companies at locations throughout the country in environmental regulation and... | Read More
Mr. Dunn represents regional and national companies at locations throughout the country in environmental regulation and litigation issues. His environmental projects have involved hazardous waste and large multi-party toxics cleanup sites, including marine and fresh water sediment sites, landfills, and natural resource damages claims. He has also conducted extensive work obtaining permits for key facility operations. He has particularly deep knowledge of the following industries: manufactured gas facilities, regulated utilities, smelters and metals refineries, pesticide sites, and large area contamination sites.
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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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