May 1, 2009

On Thursday, April 30th Joe Maternowski spoke at the Fifth Annual Environmental Institute, a CLE sponsored by Minnesota CLE and the Minnesota State Bar Association’s Environmental, Natural Resources and Energy Law Section.  Mr. Maternowski’s session entitled: “The 2009 CERCLA/RCRA Case Law, Regulatory and Legislative Update.” The session featured an in depth discussion of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund cases involving the cleanup of sites where hazardous substances have been released. In addition, recent significant cases under the Resource Conservation and Recovery Act (RCRA), the federal governing the “cradle to grave” management of hazardous waste were reviewed.  Featured cases in the Environmental Institute session included: U.S. v. Burlington Northern & Santa Fe Ry. Co., 520 F.35 918 (9th Cir. 2008), which is currently being briefed for argument before the U.S. Supreme Court.  In addition Mr. Maternowski’s presentation focused on Pakootas v. Teck Cominco Metals, Ltd., 452 F.3d 1066 (9th Cir. 2006), a precedent setting case involving the extraterritorial application of CERCLA. The U.S. Supreme Court denied certiorari in Teck Cominco Metals, Ltd. v. Pakootas, No. 06-1188 U.S. (1/7/2008).

Joseph Maternowski, who serves as Chair of Hessian & McKasy’s Environmental Law Attorney Practice Group, has extensive experience in litigating cases involving contaminated property including Superfund cost recovery matters.

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy. P.A.

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