Reinventing CERCLA: Recovering Cleanup Costs in the Aftermath of Atlantic Research

New York CLE Seminar Series

January 29, 2008 from 3:00 pm to 5:00 pm (EST)

The U.S. Supreme Court’s recent opinion in Atlantic Research promises to reinvigorate certain claims for recovery of environmental remediation costs that prior to the ruling were widely thought to be unrecoverable. Join John Wittenborn, Chair of Kelley Drye’s Environmental Law Practice and Special Counsel Steven Humphreys as they explore the types of claims that may now be brought, as well as some of the key strategic considerations for bringing these claims, under the new Atlantic Research rubric. This CLE will provide detailed information on the new Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) cost-recovery landscape and identify some of the pitfalls and opportunities that are now available to parties seeking to recover voluntarily incurred cleanup costs from other responsible parties.

Kelley Drye’s Environmental Law Practice Group specializes in providing comprehensive solutions for complex problems to facilitate effective business strategies. Members of the group have provided detailed regulatory advice on all facets of response and remedial actions pursuant to CERCLA, having acted as defense counsel in government cost recovery actions brought under the Act, as well as in private cost recovery and contribution actions. Specifically, we have provided counsel in a broad range of cost recovery actions seeking reimbursement for the cleanup of soil and groundwater contamination due to leaking above- and below-ground storage tanks, historical industrial operations, and environmental spills and casualties.

In accordance with the requirements of the New York State Continuing Legal Education Board, this non-transitional continuing legal education program is not approved for the newly admitted attorney within the first two years of admission to the Bar.