CERCLA Liability Update

CD & Manual
  385442TMX $249.00 USD Add to Cart
Credit Details

 87 Min. Audio MP3 - No shipping cost
   385442POD $249.00 USD Add to Cart
Credit Details
What is a Podcast?

Benefits

Conventional wisdom (and EPA policy) has provided that any person shipping hazardous materials to a disposal facility will end up being jointly and severally liable, with all other entities shipping materials to the facility, for any costs of cleaning up contamination at the facility. Likewise, conventional wisdom and EPA policy have informed up that manufacturers or producers who deal with certain types of contractors or subcontractors (pesticide blenders, transformer repair shops) should expect to be responsible for the costs of cleaning up contamination at their contractors' facilities. Is the conventional wisdom correct? The Supreme Court, in a recent pair of consolidated cases, examined these issues in detail. This teleconference will analyze the Court's holdings, investigate the effects of the holdings and provide practical advice about steps parties and their counsels may take to minimize liability and mitigate risk under CERCLA.

Learning Objectives:

  • You will be able to review text and legislative history.
  • You will be able to discuss historical application of the doctrine.
  • You will be able to recognize exceptions to the doctrine.
  • You will be able to discuss what's on the horizon.

Agenda

Overview
Arranger Liability Under CERCLA
  • Text and Legislative History
  • 'Aceto' Theories of Liability
  • Shell Oil v. United States
    • Holding
    • Reasoning and Dissents
    • Practical Effects
Joint and Several Liability Under CERCLA
  • Historical Application of the Doctrine
  • Exceptions to the Doctrine
  • Burlington Northern and Santa Fe Railway v. EPA
    • Holding
    • Does This Change the Law?
    • Dissents
    • What This Means to PRPs and Their Counsel
What's on the Horizon?

Faculty

Peter J. McGrath Jr., Moore & Van Allen, PLLC

Peter J. McGrath Jr.
  • Partner in the Charlotte, North Carolina office of Moore & Van Allen, PLLC
  • Practices emphasizes all aspects of environmental law and regulation
  • Frequent author and lecturer on environment, health and safety topics
  • B.A. degree, cum laude, Yale University
  • J.D. degree, with honors, University of North Carolina
  • Member of the North Carolina Legal Elite, and named Industry Leader by Chambers USA
  • Council, Environmental Law Section, North Carolina Bar Association
  • Contact him at petermcgrath@mvalaw.com or at 704-331-1081




These Materials are Designed For

Attorneys, engineers, project managers, environmental professionals, presidents, vice presidents, architects, developers, contractors, subcontractors, government officials and public works professionals

CD & Manual - CD Set with bound 24 page manual
Podcast - 87 Minute MP3 with 24 page electronic manual - Immediate Access and No Shipping Cost