This class is a survey of litigation and legal issues under the Comprehensive Environmental Response, Compensation & Liability Act, 42 U.S.C. section 9601 et seq. (CERCLA or Superfund). When property is contaminated with hazardous substances, who is responsible for cleaning it up? Most environmental cleanup projects are governed by the federal CERCLA statute. This Workshop will explore all facets of the CERCLA liability regime: which parties must pay for contamination, how much each party must pay, how are liability disputes resolved, and how can liability risks be minimized, etc.?
Emphasis will be on practical issues that typically arise in CERCLA litigation and practice. We will also review all of the major recent Supreme Court decisions involving CERCLA.