CERCLA Liability Update

• Overview
• Agenda
• Faculty
• Credits

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.