As EPA issues the Proposed Cleanup Plan for the Portland Harbor Superfund Site and cleanup costs are likely to exceed a billion dollars, the "divisibility of harm" defense to CERCLA joint and several liability may become more important than ever. Our experienced panel of speakers will provide background on cases where courts have found harm to be divisible and reasonably capable of apportionment and will provide an in-depth analysis of how the divisibility defense proved successful in Burlington Northern. The panel also will discuss the application of the divisibility of harm defense in the Fox River litigation, with a special emphasis on varied approaches to characterizing and dividing harm. Finally, the panel will offer practical strategies for making divisibility of harm defense arguments at complex sites. Our panel includes David Rabbino of Tonkon Torp, Christine Hein of Ring Bender McKown & Castillo and John Ashworth of Kell, Alterman & Runstein.
Disclaimer: Opinions expressed by the panel members are their individual opinions and not their employers' or clients' and are not formal legal opinions upon which any party is entitled to rely.
For more information: Call Ed Carlson, Carlson Law at 971.254.8907. For registration questions, call the MBA at 503.222.3275.