Presentations
AGENDA
8:50-9:00
Welcome, Conference Overview, and Introductions.
Holly Duncan, President
Environmental Law Education Center
SPECIAL KICK-OFF PRESENTATION
9:00-9:30
The Environment and the Law
John Kroger
Oregon Attorney General
CERCLA & OREGON'S ENVIRONMENTAL CLEANUP LAW
9:30-10:00
Implications of the Recent US Supreme Court Rulings
- Joint and Several Liability After Burlington Northern & Sante Fe Railway vs. US
- Apportionment of Liability, Arranger Liability and Other Cutting Edge Issues
Brad Marten
Marten Law Group
10:00-10:30
Oregon Cleanup Law
- History, Status and Experiences with the Law
- Joint and Several Liability Under State Law
Mark Morford
Stoel Rives LLP
10:30-11:00
Break
STATE AND FEDERAL CLEANUP PROGRAMS
11:00-11:30
Environmental Cleanup - A Federal Perspective
- Cleanup Policies and Priorities under the New Administration
- Update on Regional and Statewide Cleanup Activities
Anthony Barber, Director, Oregon Operations Office
US Environmental Protection Agency, Region 10
11:30-12:00
Oregon Cleanup Law in Action - A View from the Field
- Use of Voluntary and Enforceable Agreements and Other Project Management Strategies at Cleanup Sites
Keith Johnson, Environmental Cleanup Manager
Oregon Department of Environmental Quality
12:00-1:00 LUNCH (Provided)
PORTLAND HARBOR 1:00-1:30
Legal Issues at the Portland Harbor Superfund Site
- Latest Legal Developments
- Allocation and Search for Responsible Parties
Lori Cora, Assistant Regional Counsel
USE EPA Region 10
COLUMBIA SLOUGH LIABILITY AGREEMENTS 1:30-2:00
An Innovative Approach to Establishing Cleanup Liability
- Settling Liability with Responsible Parties and Beginning the Investigation
Bruce Gilles, Manager, Northwest Region
Oregon Department of Environmental Quality
2:00-2:30 Negotiating Columbia Slough Liability Agreements
- Benefits to Responsible Parties and Significant Legal Considerations
- Case Study
Suzanne Lacampagne
Miller Nash LLP
3:00-3:30 Break
APPORTIONING LIABILITY
3:00-4:00
Should You Settle or Litigate?
- Liabilities and Enforcement: Environmental Crimes, Civil Penalties, Enforcement Orders & Liability for Environmental Cleanup
- Suggestions for Negotiating with the Agencies
Chris Rich
Perkins Coie LLP
4:00-4:30
Getting Other PRPs Involved in a Complex Sediment Superfund Site
- Using Federal and State Cost Recovery and Contribution Remedies to get Others to the Table - One PRP's Perspective
David Ashton, Assistant General Counsel,
Port of Portland
4:30-5:00
Technical Approaches for Allocating Environmental Costs
- Meeting the Evidentiary Standard for Apportioning Liability
Kirk O'Reilly, PhD, JD
Exponent, Inc
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