Get expert insights on the ruling’s immediate and future impact
From EPA enforcement to private-party Superfund litigation … to allocating actual and contingent cleanup liability in corporate transactions, bankruptcies and probate … to developing contaminated land and beyond—the Supreme Court’s ruling in Burlington Northern & Santa Fe Railroad v. United States promises to have a profound impact on thousands of cleanups throughout the nation.
Learn more and earn 1 CLE credit*†
LexisNexis® invites you to attend this 60-minute session and take advantage of a unique opportunity to gain insights on the ruling from some of the country’s leading environmental attorneys who deal with these issues every day and appellate litigators—including two who briefed and/or argued the case before the United States Supreme Court.
Tune in to hear these experts discuss the immediate impact of the decision, including how it:
- Is likely to affect EPA enforcement, including the use of enforcement orders, the “good faith” defense to enforcement, and the possible alternatives EPA may choose to exercise under other regulatory programs;
- Limits “arranger” liability, especially for parties who never “intended” to dispose of wastes released at a contaminated site;
- Impacts allocation among liable parties where a reasonable basis for apportionment exists;
- Impacts allocation where there is a substantial “orphan” share of liability;
Plus, hear and participate in lively panel discussions about whether:
- Potentially Responsible Parties will be more likely to challenge government cleanup orders in light of the Court’s decision?
- Enfocement will shift from EPA to state programs, particularly those in which liability under state law is joint and several?
- The impact of the ruling have on pending and future private cost-recovery actions, including recovery of “orphan” shares paid by viable parties?
- And more.
Join us for this forum on Tuesday, June 16 at 3 P.M. EST. You’ll participate in a lively, moderated format that provides an opportunity for you to ask the experts questions and connect with your peers during real-time polling. Register now.
Hear and interact with a panel of leading experts
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Bradley M. Marten
Managing Partner, Marten Law Group PLLCBrad Marten is consistently ranked by his peers as one of the nation’s top environmental lawyers. He is a member of the American College of Environmental Lawyers and Chairs its Policy Committee. He is listed as a top environmental lawyer in the Best Lawyers in America, Chambers, and the International Who’s Who of Environmental Lawyers, and has been recognized in many other publications for his work in the environmental law field over a 25 year career. Mr. Marten represents both corporate and public clients in matters touching on most environmental and energy practice areas. Marten Law Group, which he founded, is the largest environmental law practice in the Pacific Northwest, with offices in Seattle and Portland.
Mr. Marten received his J.D. from Harvard Law School, his M.A. from Yale University, and B.A. from Cornell University.
Managing Partner of Marten Law Group
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Kathleen Sullivan
Partner, Quinn Emanuel Urquhart Oliver & Hedges LLP
Kathleen Sullivan, the former Dean of Stanford Law School, is Chair of Quinn Emanual’s national Appellate Practice. She has been recognized as one of the nation’s preeminent appellate litigators. The National Law Journal has twice named her one of the 100 Most Influential Lawyers in America and has twice named her as one of the 50 Most Influential Women Lawyers in America. She is one of only ten lawyers to be named by the Daily Journal for ten consecutive years as one of the 100 Most Influential Lawyers in California, and in 2006, California Lawyer magazine named her Appellate Attorney of the Year. With twenty-five years of experience as a law professor at Harvard Law School and Stanford Law School, she is also a nationally renowned scholar and teacher of constitutional law, and edits the nation's leading casebook in the field.Ms. Sullivan has argued five cases before the United States Supreme Court; numerous cases in the US Courts of Appeals for the First, Second, Fifth, Ninth and Federal Circuits; and various cases in state courts including the California courts of appeal, the New York Court of Appeals, and the Delaware Chancery Court. Her practice has involved issues of constitutional, media, antitrust, securities, patent, copyright, trademark, bankruptcy and commercial contract law, as well as white-collar criminal defense.
Ms. Sullivan received her J.D. from Harvard Law School, a B.A. from Oxford University (Marshall Scholar) and a B.A. from Cornell University (Telluride Scholar). -
James Scott Ballenger
Partner, Latham & WatkinsScott Ballenger is a partner in the Washington, D.C. office of Latham & Watkins. Prior to joining Latham & Watkins, Mr. Ballenger served from 1996–1997 as a law clerk to the Hon. J. Clifford Wallace of the United States Court of Appeals for the Ninth Circuit, and during the October 1997 Term as a law clerk to the Hon. Antonin Scalia, Associate Justice of the United States Supreme Court. He then served as Senior Counsel to Assistant Attorney General Joel Klein in the Antitrust Division of the Department of Justice, where he worked on David Boies’s trial staff and briefing team for the Division’s landmark monopolization case United States v. Microsoft.
Mr. Ballenger received his J.D. from University of Virginia Law School and a B.A. from the University of Virginia.Since joining Latham & Watkins in 1999, Mr. Ballenger has focused on appellate and Supreme Court litigation, and on strategic analysis and briefing in class action and other high-stakes district court litigation. He has briefed and argued appeals and dispositive motions in various federal appellate and district courts. The 2008 edition of the Legal 500 describes Mr. Ballenger as “phenomenal,” and reports that another appellate practitioner interviewed for the publication said that “he presented an en banc argument in the D.C. Circuit that blew me away.”
Darcy serves as Chairman of the Board of the Better Business Bureau Foundation, which supports the Better Business Bureau of New York. He previously served on the board of directors of E*Trade Bank and New York National Bank. Darcy holds faculty appointments at The Wharton School, University of Pennsylvania, the Smith School of Business, University of Maryland, and Manhattanville College.
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Martha L. Judy
Professor, Vermont Law School
Professor Martha Judy specializes in Superfund, the cleanup of hazardous substances, and the effect of environmental liabilities on behavior. At Vermont Law School, Professor Judy has taught Torts, two courses that focus on the law of toxics and hazardous substances (CERCLA or the Superfund Law, and RCRA, the Resource Conservation and Recovery Act), Natural Resources Law and a unit on environmental problem-solving within the General Practice Program. She speaks and writes on topics related to CERCLA and Brownfields liability, cost recovery, contribution and natural resources damages.Professor Judy contributed to the brief submitted to the U.S. Supreme Court in support of the respondent in United States v. Atlantic Research Corp. on behalf of amicus curiae Natural Resources Defense Council and a group of law professors, among whom Professor Judy was also named. Her research focuses on how this landmark decision on CERCLA liability and cost recovery may encourage voluntary cleanup of brownfields and other sites. She wrote a chapter on cost recovery for the forthcoming, third edition of Todd S. Davis’ Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property (published by the American Bar Association).
Professor Judy received her J.D. from Yale Law School and a B.S.F. degree in wildlife management and forestry from Purdue University.