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SEER Essentials: CERCLA 101 - Superfund Basics


Level: Intermediate
Runtime: 62 minutes
Recorded Date: February 20, 2019
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Agenda


  • A Little History
  • The Basics (EPA's Process, EPA Enforcement & CERCLA's Liability Scheme)
  • The Evolution of CERCLA Sections 107 and 113
  • The Supreme Court Address 107 v. 113
  • Recap
  • Why it matters?
  • Superfund Task Force
Runtime: 1 hour
Recorded: February 20, 2019

Description

Our panel of experts will provide a brief history of CERCLA and how it is used to assess and clean up contaminated sites, as well as provide an overview of how the statute defines responsible parties and explain the statutory mechanisms for determining who must contribute to the cost of such cleanups.

This program was recorded on February 20th, 2019.

Provided By

American Bar Association

Panelists

Denise Fellers

Associate
Morgan Lewis & Bockius LLP

Denise G. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater contamination, including cost recovery and mass toxic tort litigation. She has experience in litigation under a variety of state and federal environmental laws, such as the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and litigation under the state counterparts, such as the California Hazardous Substance Account Act (HSAA).

Denise also has experience with the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and California’s Proposition 65. Most of Denise’s cases involve litigation in both state and federal courts, including the strategic management of discovery issues, such as pre-litigation investigations, depositions, written discovery, preparing expert witnesses, and resolving various discovery disputes.

Denise also has experience in the drafting and arguing of case dispositive motions and extensive experience in pre-trial issues including preparing exhibit lists, witness lists, motions in limine, designation and counter-designation of deposition testimony, and direct and cross-examination of expert witnesses.

Denise received her JD at the University of California Los Angeles School of Law in 2002.

John F. Gullace, Esq.

Partner
Manko Gold Katcher Fox, LLP.

John represents a broad array of clients, ranging from Fortune 500 companies to smaller closely held businesses, facing diverse environmental issues. John is co-practice leader of the firm's New Jersey practice, is a partner in the firm’s environmental litigation group, and is also regularly called upon by clients to handle site remediation matters and complex negotiations with government entities and private parties. John’s work on contaminated sediment sites and related litigation include his election to a small steering committee overseeing litigation for a large group of corporate defendants in a high profile sediment case. John has represented clients in the railroad, telecommunications, chemical, waste, retail, heavy industrial, construction, municipal, financial and other sectors in environmental matters including the defense of natural resource damages claims, contaminated sediment sites, the defense and prosecution of private and government initiated environmental cost recovery claims, citizen suits, the defense of government penalty actions, permit challenges, administrative appeals, site remediation matters, as well as on-scene emergency responses and government inspections. John also received formal mediator and arbitrator training through the International Institute for Conflict Prevention and Resolution (CPR).


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