Dr. Kirk O'Reilly, Senior Managing Scientist in our Environmental and Earth Sciences Practice will be giving at one-hour CLE presentation entitled 'Source Contribution at Superfund and Other Contaminated Sites' on July 28th at noon in Seattle. If you would like to attend this seminar, please contact the conference organizer, Gene Barton, at Karr, Tuttle Campbell to reserve your seat.

Abstract

Source Contribution at Superfund and Other Contaminated Sites:
A Legal and Technical Update
Kirk O'Reilly PhD, JD

Determining causation and quantifying a party's source contribution are important steps in determining liability associated with environmental contamination. Causation is a key component of traditional torts. At Superfund sites, causation is the critical factor in apportioning liability under CERCLA §107 and an important consideration when allocating costs under CERCLA §113. This CLE provides a legal and technical update on issues related to causation of chemical contamination. Case law describing the ongoing evolution of apportionment and allocation since the Supreme Court's opinion in Burlington Northern will be discussed. A recent review of how these concepts are handled under state law will be summarized. Case studies will be presented that highlight technical approaches for evaluating causation and quantifying the source contribution of chemical contaminants. The discussion will include approaches for scaling the technical evaluations to be cost effective at smaller sites. Broadening beyond consideration of individual sites, a case study that describes evaluating claims of widespread environmental contamination due to use of a consumer product will be presented. Legal issues include use and misuse of data in legislating product bans, and application of the Freedom of Information and Data Quality Acts.

This presentation is accredited for 1.0 hour of CLE credit in the States of Washington and California.

Exponent Inc. published this content on 28 July 2016 and is solely responsible for the information contained herein.
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Original documenthttp://www.exponent.com/newsevents/events/2016/07/source-contribution-at-superfund-sites

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