Practice Areas
- Corporate and Commercial Transactions
- Cost Recovery, Superfund, Natural Resource Damages and Citizen Suits
- Environmental Due Diligence in Site Development and Brownfields Transactions
- Environmental Provisions in Corporate and Commercial Agreements
- Federal Cleanup Programs
- Real Estate Litigation and Land Use Hearings
- Site Development and Brownfields Redevelopment
- State Cleanup Programs
- Storage Tank Litigation
- Superfund and Site Remediation
- Toxic Tort Defense and Class Action Suits
An Update on Arranger Liability Under CERCLA: Recent Cases and the Impact of Pakootas
An American Bar Association Webinar
Suzanne Ilene Schiller, a litigation partner with the environmental law and litigation firm of Manko, Gold, Katcher & Fox, LLP, will moderate the American Bar Association's upcoming program entitled, "An Update on Arranger Liability Under CERCLA: Recent Cases and the Impact of Pakootas" on December 14 from 1:00-2:30 pm ET.
During the 90-minute CLE webinar, the panel will look briefly at the history of arranger liability and the decision in the Burlington Northern and Santa Fe Railway Co. ("BNSF") v. United States, when the United States Supreme Court offered new guidance on what it means to be an "arranger," one of the four categories of liable parties. They will then focus on the subsequent cases which tackle the determination of arranger liability, ending with the potential implications of the most recent Ninth Circuit decision in Pakootas v. Teck Cominco Metals, Ltd., which held that the deposit of air emissions onto soil and rivers did not make the facility owner an arranger under CERCLA. These cases not only impact the future of CERCLA cases, but also those brought under RCRA and the Clean Air Act, and those cases seeking natural resource damages.
