Description
This dynamic, advanced level course explores the real-world procedural and practice problems faced by environmental litigators and offers insights and tips for developing an effective game plan. Hear first-hand from experienced private practitioners from both sides of the bar, the government, and the bench as they uniquely explore the challenges behind litigating an environmental case.
The final session is a demonstration presided over by a judge. Watch skilled litigators demonstrate best practices for avoiding common problems in environmental litigation and get a judge’s perspective on their arguments and the issues.
Environmental Litigation Update – Part 3: CERCLA
• DOJ CERCLA litigation policy
• 107 AND 113—What issues remain after Territory of Guam v. U.S.
- Can the same plaintiff have both claims
- What constitutes a resolution of liability under 113(f)(3)(B)
• Statute of limitations and other defenses
• Apportionment
• Contribution application of the “equitable factors”
• Burden of pleading adequate facts against each defendant
A Judicial Perspective on Multi-District Litigation