Southwestern Law School Los Angeles, CA
 

Symposium Schedule


CERCLA and the Future of Liability-Based Environmental Regulation

SCHEDULE

8:00 - 9:00 a.m.

Registration and Continental Breakfast

9:00 - 9:15 a.m.

Opening Remarks and Welcome

 

Speakers:

  • Bryant G. Garth, Dean, Southwestern Law School
  • Ronald G. Aronovsky, Professor of Law, Southwestern Law School
  • Kira Teshima, Special Projects Editor, Southwestern Law Review

9:15 - 10:30 a.m.

CERCLA and Federalism

 

This panel will discuss the relationship between state and federal contaminated property and land use law, including issues relating to the evolution of state Superfund statutes and tort law, preemption, and concurrent federal, state and local regulatory authority.
 
Speakers:

  • Robin Kundis Craig, Attorneys' Title Professor and Associate Dean for Environmental Programs, Florida State University College of Law
  • Alexandra B. Klass, Professor of Law, Associate Dean for Academic Affairs, and Solly Robins Distinguished Research Fellow, University of Minnesota Law School
  • William Rodgers, Stimson Bullitt Professor of Law, University of Washington School of Law

Moderator:

  • Ann E. Carlson, Shirley Shapiro Professor of Environmental Law Faculty Director, Emmett Center on Climate Change and the Environment, UCLA School of Law

10:30 - 10:45 a.m.

Break

10:45 a.m. -
12:00 p.m.


CERCLA, Brownfields and Distributive Equity

 

This panel will focus on the economic, public health and social welfare impacts of CERCLA liability and remediation process requirements on land use and redevelopment, including the economic benefits and environmental justice implications of state and federal brownfield programs.
 
Speakers:

  • Joel B. Eisen, Professor of Law, University of Richmond
  • Eileen Gauna, Professor of Law, The University of New Mexico School of Law
  • Jay Pendergrass, Senior Attorney, Environmental Law Institute
  • Nicholas William Targ, Partner, Holland & Knight

Moderator:

  • Romel Pascual, Deputy Mayor for Environment - City of Los Angeles

12:00 - 1:45 p.m.

Lunch

1:45 - 3:00 p.m.

CERCLA - Public Enforcement

 

This panel will focus on the effectiveness and normative value of CERCLA's liability-based regulatory scheme, including an evaluation of the public health and welfare efficacy of the CERCLA cleanup process under the national contingency plan, and the impact of the U.S. Supreme Court's Atlantic Research and Burlington Northern decisions on public enforcement and regulatory agency settlement options.
 
Speakers:

  • Martha L. Judy, Professor of Law, Vermont Law School
  • Joel A. Mintz, Professor of Law, Nova Southeastern University
  • Robert Percival, Robert F. Stanton Professor of Law, and Director, Environmental Law Program, University of Maryland School of Law

Moderator:

  • Daniel P. Selmi, Professor of Law and Fritz B. Burns Chair of Real Property, Loyola Law School

3:00 - 3:15 p.m.

Break

3:15 - 4:30 p.m.

CERCLA - Private Enforcement

 

This panel will explore the impact of the Aviall, Atlantic Research and Burlington Northern decisions on CERCLA private cost recovery litigation, as well as waste disposal and litigation behavioral incentives on the regulated community created by CERCLA and the dispute resolution challenges presented by CERCLA's liability scheme.

Speakers:

  • Steven Ferrey, Professor of Law, Suffolk University Law School
  • Craig Johnston, Professor of Law, and Clinical Director, Pacific Environmental Advocacy Center (PEAC), Lewis and Clark Law School
  • Alfred R. Light, Director, Graduate Program in Environmental Sustainability, and Professor of Law, St. Thomas University School of Law

Moderator:

  • Ronald G. Aronovsky, Professor of Law, Southwestern Law School

4:30 p.m. - 4:45 p.m.

Closing Remarks

4:45 p.m.

Reception