Policy Changes Relating to CERCLA Liability: Status of CERCLA contribution and indemnity law, definition of potentially responsible partis, and CERLCA settlement arrangements

Peter McGrath
Peter McGrath | Moore & VanAllen

Peter provides environmental counsel to clients across a broad spectrum of industries. He advises lenders, real estate developers, property managers, manufacturers, landfill operators, renewable energy developers, lenders and investors, and life sciences companies.

Live Video-Broadcast: January 30, 2023
Policy Changes Relating to CERCLA Liability: Status of CERCLA contribution and indemnity law, definition of potentially responsible partis, and CERLCA settlement arrangements

$95.00 1 hour CLE

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Program Summary

This webinar will address the most recent significant Supreme Court opinions, federal appellate and district court rulings, and regulatory and policy changes relating to CERCLA liability. The program will cover the current status of CERCLA contribution and indemnity law, the definition of potentially responsible partis, and the effectiveness of CERLCA settlement arrangements. This discussion will also cover the practical effects of recent decisions and offer some best practices counsel may consider in advising clients with respect to CERCLA questions.

Key topics to be discussed:

  • Supreme Court Decisions: US v. Guam, Atlantic Richfield Co. V. Christian, West Virginia v. EPA
  • Appellate and District Court Decisions: Definition of facility, identity of owner operator, arranger liability, allocation, pre-emption, contribution vs. indemnity, statute of limitations
  • Regulatory Developments: Superfund tax, PFAs, environmental justice
  • Practical considerations and best practices moving forward

Date / Time: January 30, 2023

  • 11:00 am – 12:00 pm Eastern
  • 10:00 am – 11:00 am Central
  • 9:00 am – 10:00 am Mountain
  • 8:00 am – 9:00 am Pacific

Closed-captioning available

Speakers

Peter McGrath_ Moore & VanAllen_myLawCLEPeter McGrath | Moore & VanAllen

Peter provides environmental counsel to clients across a broad spectrum of industries. He advises lenders, real estate developers, property managers, manufacturers, landfill operators, renewable energy developers, lenders and investors, and life sciences companies. He also helps clients comply with environmental law, providing regulatory advice in a wide variety of substantive areas, including solid and hazardous waste, coal ash management, stormwater and wastewater water discharges, air emissions, wetlands, chemical regulation, environmental remediation, and occupational safety and health.

Peter has successfully managed the environmental aspects of hundreds of corporate, financing, and real estate transactions, working in conjunction with other practice areas within the firm. That management includes conducting and coordinating environmental due diligence for target companies and properties, retaining and managing environmental consultants to investigate and quantify known and potential liabilities, counseling clients on environmental liabilities and risk allocation, drafting and negotiating the environmental provisions of transaction documents, assisting in the procurement of environmental insurance and other risk-mitigating solutions, and managing the post-closing resolution of environmental issues. Peter also advises real estate developers through all aspects of North Carolina’s brownfields redevelopment program, from application and assessment, through negotiation of the documents required for the program, to public notice and recording, and post-development tax benefits.

  • Best Lawyers in America, Charlotte Litigation – Environmental “Lawyer of the Year,” 2022
  • Best Lawyers in America, Environmental Law, 2011-2022; Litigation – Environmental, 2011-2022
  • Chambers USA – North Carolina, Environmental Law, 2008-2022
  • Business North Carolina Legal Elite, 2009-2013, 2018-2022
  • Martindale-Hubbell, North Carolina Top Rated Lawyer
  • Mecklenburg County Air Quality Commission, Member since 2007, Chair since 2015
  • J.D., University of North Carolina at Chapel Hill, 1986, with honors; Member, North Carolina Law Review
  • B.A., Yale University, 1983, cum laude

Agenda

I. Supreme Court Decisions: US v. Guam, Atlantic Richfield Co. V. Christian, West Virginia v. EPA | 11:00am – 11:15am

II. Appellate and District Court Decisions: Definition of facility, identity of owner operator, arranger liability, allocation, pre-emption, contribution vs. indemnity, statute of limitations | 11:15am – 11:30am

III. Regulatory Developments: Superfund tax, PFAs, environmental justice | 11:30am – 11:45am

IV. Practical considerations and best practices moving forward | 11:45am – 12:00pm