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Not Settling for Less: Finality in CERCLA Settlements


Product Code - EHAU03
Speaker(s): Doug Arnold, Alston & Bird LLP; Sarah Babcock, Alston & Bird LLP; Jane Fedder, Polsinelli PC; Gail Wurtzler, Davis Graham & Stubbs LLP PC
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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.

Bloomberg BNA’s webinar is designed to:
•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

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:
•Quality. Count on it. Nothing is canned.
•Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
•Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
•Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:
•Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
•Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
•CLE credits will be available for this EHS Webinar.

Doug Arnold, Alston & Bird LLP; Sarah Babcock, Alston & Bird LLP; Jane Fedder, Polsinelli PC; Gail Wurtzler, Davis Graham & Stubbs LLP PC

dougarnold
Doug Arnold is a partner at Alston & Bird LLP and co-chair of the firm’s Environment, Land Development, and Natural Resources Group. He has over two decades of experience representing clients in environmental litigation, enforcement, and compliance matters. Doug is listed in Chambers USA, The Best Lawyers in America, and The International Who’s Who of Environmental Lawyers, as well as named a Georgia “Super Lawyer” nine consecutive years. He also is the immediate past co-chair of the ABA Environmental Litigation Committee and previously served as chair of the ABA Environmental Enforcement and Crimes Committee. He is a member of the District of Columbia and Georgia bars.

sarahbabcock
Sarah Babcock is a senior associate at Alston & Bird LLP. Her practice focuses on environmental, toxic tort, and land use litigation, as well as compliance matters arising under both state and federal environmental statutes. Sarah’s CERCLA experience includes defending clients in cases involving sites in Alabama, Arizona, California, Massachusetts, North Carolina, and Tennessee. Prior to joining Alston & Bird, Sarah served as a law clerk to the Honorable R. Lanier Anderson, III of the U.S. Court of Appeals for the Eleventh Circuit. She also clerked for the Honorable Orinda D. Evans of the U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia bar.

janefedder
Jane Fedder is a shareholder of Polsinelli PC in the firm's St. Louis, Mo. office. Jane concentrates her nationwide practice in two areas, environmental litigation and insurance recovery. Jane has extensive experience prosecuting and defending federal, state, private party, and administrative claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act and state laws. Her successes include recovering hundreds of thousands of dollars in attorneys' fees for a client against a company that filed a CERCLA action in violation of the terms of a settlement agreement; successfully asserting the useful product defense to defeat arranger liability claims brought by the U.S. Department of Justice; narrowing the scope of CERCLA officer/shareholder liability; and winning a nonsettling party's right to intervene to challenge entry of a consent decree. Jane is listed in Chambers USA, Who's Who in American Law, and earned an AV(r) Preeminent Peer Review Rating from Martindale-Hubbell. She is a member of the Illinois and Missouri bars.

gailwurtzler
Gail Wurtzler is a partner at Davis Graham & Stubbs LLP with more than 20 years of experience defending CERCLA cost recovery and contribution claims, natural resource damages claims, and environmental toxic tort cases. Her experience also encompasses extensive work for natural resource clients, including companies engaged in coal and metal mining, oil and gas exploration and production, and water development. Gail is the former head of the Environmental Group of Davis Graham & Stubbs and has been named in The Best Lawyers in America since 2010. She is a member of the Colorado bar.