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Joint and Several Liability and Arranger Liability Under CERCLA

Loeb & Loeb LLP is pleased to announce that Albert Cohen is speaking at a live 90-minute CLE teleconference with interactive Q&A.

From the program site:
This seminar will analyze and discuss the impact of the U.S. Supreme Court's May 4, 2009 decision in Burlington Northern and Santa Fe Railway Co. v. U.S. addressing Superfund apportionment and arranger liability issues.

The U.S. Supreme Court’s May 4, 2009, decision in Burlington Northern and Santa Fe Railway Co. v. U.S. significantly alters the liability landscape under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Voluntary cleanups will now pose more of a risk because of new limits on the pool of potentially responsible parties (PRP) to pay for cleanup costs. It will be more difficult for PRPs to recover any orphan share they pay up front and may be a disincentive to settle liability issues early.

The Court held Superfund liability is not joint and several where there is a reasonable basis for apportionment. The lowering of the bar for avoiding joint and several liability gives arrangers and landowners a strong argument to minimize liability in negotiations and litigation with the government.

Listen as our authoritative panel of environmental law attorneys provides their perspectives on the Supreme Court’s ruling, implications for CERCLA liability, and outlines best practices for reducing cleanup liability and recovering remediation costs.

The panel will review these and other key questions:

  • What is the expected impact of narrower arranger liability for landowners?
  • What constitutes a reasonable basis for apportionment?
  • How can landowners and arrangers minimize their liability under CERCLA?
  • What are the key steps to recover remediation costs from other PRPs?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.