Environmental Compliance In The Real World: Strategies For Avoiding Liability

摘要

This paper focuses on liabilities and risks companies face when dealing withenvironmental emergencies or complying with environmental laws. In our presentation, we willdiscuss strategies entities can rely upon to avoid such risks and liabilities.In today's business climate, adverse environmental actions can cause damage to acompany's reputation that may be more costly than the resulting fines, damages, or compliancecosts incurred. The presentation will discuss particular case examples wherein well-managedentities with established environmental compliance programs found themselves facing costlygovernment enforcement actions or private lawsuits and the lessons learned from those matters.We will discuss cases involving contribution for response costs brought pursuant to theComprehensive Environmental Response Compensation and Liability Act (“CERCLA” or“Superfund”) and applicable state counterparts; the meaning of the term “solid waste” under theResource Conservation and Recovery Act (“RCRA”) and applicable state counterparts; releasereporting requirements under CERCLA and the Emergency Planning and Community Right-to-Know Act (“EPCRA”), and Toxic Release Inventory (“TRI”) reporting under EPCRA. Thispaper will provide a very basic legal background for the cases to be discussed during thepresentation and is not intended to be a comprehensive treatise on the subject matters.