Doug Arnold and Sarah Babcock were featured speakers during this webinar program sponsored by BNA. Although the superfund program is more than three decades old, new and novel legal issues continue to arise under the Comprehensive Environmental Response, Compensation, and Liability Act. Many times, defendants settle their CERCLA liability with a private party, only to later be sued again by a different private party or the government. Other defendants have struggled with the meaning of “intent to dispose” in the wake of the Supreme Court’s decision in Burlington Northern – and the lack of guidance from lower courts has only made matters worse. Managing multi-party superfund litigation continues to be a challenge as well, although application of traditional tort mechanisms such as Lone Pine orders may be a step in the right direction. In short, CERCLA practitioners continue to encounter a changing legal landscape. The following topics were covered during the program.
- Address the measure and significance of intent in arranger liability
- Discuss the applicability of Lone Pine orders to CERCLA cases
- Analyze how to achieve true finality in CERCLA settlements
- Outline next steps for CERCLA practitioners
September 24, 2013
1:00 p.m. - 2:30 p.m.