CERCLA Private Cost Recovery: How Courts are Directing Traffic Five Years after Atlantic Research
MGKF Professional(s):
Logistics:
Wednesday, April 4, 2012
1:00 - 2:30 p.m. (EDT)
Live telephone seminar and live webcast sponsored by American Law Institute-American Bar Association (ALI-ABA)
Description:
Kathleen Campbell, a litigation partner with the environmental, energy and land use law and litigation firm of Manko, Gold, Katcher & Fox, LLP (MGKF), will co-chair a telephone seminar and live webcast on "CERCLA Private Cost Recovery: How Courts Are Directing Traffic Five Years after Atlantic Research".
It has been five years since the U.S. Supreme Court's seminal decision in U.S. v. Atlantic Research, 551 U.S. 128 (2007), which held for the first time that a cost recovery claim under § 107(a) of CERCLA [Comprehensive Environmental Response, Compensation and Liability Act] is not limited to the government.
Since then, litigants and the courts have had much to say about how the relationship between section 107(a) cost recovery and section 113(f) contribution should work, including whether a party that conducts a cleanup pursuant to a consent decree has a claim "under § 113(f), § 107(a), or both." This is the question that Justice Thomas left undecided in what has become famous footnote 6 of the Atlantic Research decision.
Campbell will discuss the current state of CERCLA as well as the relationship between cost recovery and contribution under CERCLA.
