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Adam Love, Ph.D. Presenting in Strafford Webinar on CERCLA Liability

Posted on November 06, 2018

Marshalling the Divisibility Defense to CERCLA Liability: Apportionment – Is the Harm Distinguishable?

Defining Harm to Establish a Divisibility Defense to Liability and Apportion Costs

Tuesday, November 13th • 1pm-2:30pm EST 

Please join William S. Hatfield, Director, Environmental at Gibbons and Adam H. Love, Ph.D., Vice President and Principal Scientist at Roux, who will be speaking in an upcoming Strafford live CLE webinar with interactive Q&A.

The U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. U.S. significantly changed the landscape for divisibility under CERCLA. However, there is still no bright-line test for determining divisibility, and several court decisions have shown that defining and distinguishing harm at a site may be difficult.

This authoritative panel will examine the statutory language and what the Burlington Northern & Santa Fe Railway Co. v. U.S. decision and its progeny mean for divisibility. The panel will also review cases addressing this legal theory and offer practice pointers on which circumstances lend themselves to a divisibility defense, the main technical approaches available, and how to present it.

For additional information, outline, and registration, please click here