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Product ID: 387351EAU
 
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Legal Implications of Environmental Contamination

OnDemand Webinar (92 minutes)

This OnDemand Webinar will provide business managers, landowners, environmental consultants, and legal practioners a practical grounding in the basic concepts underlying environmental common law tort, statutory/regulatory and contractual liability. You will understand the framework of federal and state sources of environmental liability and learn how to avoid and mitigate exposure to environmental liability so that it can be effectively managed in the context of land ownership, business operations and purchase or financing transactions. Existing owners of contaminated properties will learn how to minimize risks associated with tort liability, financing transactions and the sale of property. Prospective purchasers will learn how to undertake due diligence and negotiate appropriate risk transfer vehicles to both avoid liability and ensure that they have the ability to shift liability onto the entities properly responsible for site contamination.

Learning Objectives:

  • You will be able to identify the legal sources of liability.
  • You will be able to discuss compensatory and punitive damages.
  • You will be able to explain site remediation liability.
  • You will be able to review contractual liability and risk allocation.

Authors

Steven L. Humphreys, Kelley Drye & Warren LLP

Agenda

Legal Sources of Liability

  • Statutory

- Compliance Obligations

- Liability Imposing Laws

  • Common Law and Toxic Torts
  • Contractual

Common Law or Toxic Tort Liability

  • Compensatory and Punitive Damages
  • Novel Damages/Remedies (Medical Monitoring, Fear of Cancer, etc.)
  • The Future of Toxic Torts (Case Examples and Active Areas)

Site Remediation Liability

  • Mandatory vs. Voluntary Cleanups
  • Insurance Issues (Retrospective and Prospective Coverage)
  • Liability Avoidance/Mitigation

Contractual Liability and Risk Allocation

  • Buyer vs. Seller Perspectives
  • Borrower vs. Lender Perspectives