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CERCLA Today: Case Law, EPA Activity, Contribution, Allocation and More!

Event | 06.03.14, 12:00 AM UTC - 12:00 AM UTC

Are you current on the latest developments in CERCLA (Superfund) law…?

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”), is a comprehensive scheme meant to establish the rights and responsibilities of parties involved in actual or threatened releases of hazardous substances. Seminal cases like Burlington Northern & S.F. R. Co. v. U.S. and U.S. v. Atlantic Research were supposed to answer lingering CERCLA questions related to cost recovery, contribution, arranger liability, and divisibility. However, over the years, unanswered questions continue to mount on the application of CERCLA, preemption issues, and allocation. The forthcoming CTS Corp. v. Waldburger case will surely answer some of these questions while undoubtedly raising others!

Register today for this CLE webcast on CERCLA and listen to our authoritative panel of environmental attorneys discuss the hottest topics in CERCLA liability today. Recent decisions and forthcoming ones will be examined by the panel. The faculty will also offer best practices for minimizing CERCLA liability.

For more information, please visit these areas: Litigation and Trial, Pesticides, Contaminated Lands and Hazardous Waste, Clean Air Act, Environment and Natural Resources

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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