This document summarizes a presentation on changes to CERCLA arranger liability and apportionment after the Burlington Northern decision. The Supreme Court narrowed arranger liability by requiring intent to dispose of waste, rather than just knowledge of spillage. It also endorsed apportioning liability based on volume, time period, and other factors, rather than joint and several liability. This could reduce incentives for early settlements and shift more costs to owners/operators. Courts will determine how broadly apportionment applies.
Crowdfunding lessons from the WaveCheck campaign (Be Good Be Social Toronto)Elizabeth Monier-Williams
In October 2013, MaRS Innovation launched an Indiegogo campaign to support WaveCheck, a breast cancer technology from Sunnybrook Health Sciences Centre and Ryerson University that aims to someday change the way people with breast cancer are monitored when undergoing chemotherapy (WaveCheck uses ultrasound to see inside the tissue and tell whether the person is responding).
The campaign raised $53,390 of its $96,987 goal, but generated remarkable media attention and funding momentum for the technology. Ultimately, the team was successful in securing the money needed to open the first partner site for its clinical trials.
Along the way, the WaveCheck team learned a lot about what works and doesn't work for philanthropic-based crowdfunding campaigns. Campaign co-director Elizabeth Monier-Williams was invited to share WaveCheck's crowdfunding perspective at Be Good Be Social Toronto in February 2015.
Как Оценить Систему Продаж В Малом Бизнесе?
Как ведут свой бизнес предприниматели.
Очень часто предприниматели малого бизнеса открывают и ведут свой бизнес наугад, по интуиции. Никто не обучает будущих и тем более действующих владельцев бизнеса технологии построения бизнеса. Со стороны государства в этом направлении помощи ждать не приходится.
читайте статью полностью на http://bizkon.kz/kak-ocenit-sistemu-prodazh-v-malom-biznese/
This presentation provides an overview of the social media arena for a higher education audience (news focus), and uses my work with Twitter and York University\'s Research website to illustrate some of the ways social media can be tied to strategic communications.
I made the presentation to Huddle 2010 at the University of Toronto on July 22, 2010.
Work in Higher Ed? How do you make compelling video your audience will want to watch? This simple guide walks you through the whole process from story-boarding to distribution.
Crowdfunding lessons from the WaveCheck campaign (Be Good Be Social Toronto)Elizabeth Monier-Williams
In October 2013, MaRS Innovation launched an Indiegogo campaign to support WaveCheck, a breast cancer technology from Sunnybrook Health Sciences Centre and Ryerson University that aims to someday change the way people with breast cancer are monitored when undergoing chemotherapy (WaveCheck uses ultrasound to see inside the tissue and tell whether the person is responding).
The campaign raised $53,390 of its $96,987 goal, but generated remarkable media attention and funding momentum for the technology. Ultimately, the team was successful in securing the money needed to open the first partner site for its clinical trials.
Along the way, the WaveCheck team learned a lot about what works and doesn't work for philanthropic-based crowdfunding campaigns. Campaign co-director Elizabeth Monier-Williams was invited to share WaveCheck's crowdfunding perspective at Be Good Be Social Toronto in February 2015.
Как Оценить Систему Продаж В Малом Бизнесе?
Как ведут свой бизнес предприниматели.
Очень часто предприниматели малого бизнеса открывают и ведут свой бизнес наугад, по интуиции. Никто не обучает будущих и тем более действующих владельцев бизнеса технологии построения бизнеса. Со стороны государства в этом направлении помощи ждать не приходится.
читайте статью полностью на http://bizkon.kz/kak-ocenit-sistemu-prodazh-v-malom-biznese/
This presentation provides an overview of the social media arena for a higher education audience (news focus), and uses my work with Twitter and York University\'s Research website to illustrate some of the ways social media can be tied to strategic communications.
I made the presentation to Huddle 2010 at the University of Toronto on July 22, 2010.
Work in Higher Ed? How do you make compelling video your audience will want to watch? This simple guide walks you through the whole process from story-boarding to distribution.
Solving environmental issues in real estate dealsScott Deatherage
Solving environmental issues in real estate deals requires experience and expertise. This presentation presents some ways of solving environmental problems and closing the deal.
5th International Disaster and Risk Conference IDRC 2014 Integrative Risk Management - The role of science, technology & practice 24-28 August 2014 in Davos, Switzerland
Due Diligence for Commercial Real EstateJamie Balkin
Four members of the Wightman team are presenting as part of the Indiana Commercial Real Estate Annual Conference (ICREC21) on Friday, April 30, 2021. They are joining an amazing line up of speakers. Check it out here: https://www.myicbr.org/conference/speakers/
The presentation focused on Due Diligence will share what you should know before acquiring land or buildings with helpful checklists of environmental and building issues to consider. Wightman presenters include Carl Baxmeyer, Steve Carlisle, Greg Monberg and Greg Vaughn.
SUPPLY CHAIN MANAGEMENT (SCM) IS TO MANAGE STRATEGICALLY AND IN INTEGRATED MANNER FLOW OF MATERIALS EFFICIENTLY AND ECONOMICALLY,FROM A CHAIN OF SUPPLIERS,
TO/THROUGH ANOTHER CHAIN OF INTERNAL SUPPLIERS & INTERNAL CUSTOMERS OF ‘THE ENTERPRISE’ AND
FINALLY THE FINISHED PRODUCT IN RIGHT QUANTITY, OF RIGHT QUALITY, AT RIGHT PRICE AND IN RIGHT TIME TO A CHAIN OF EXTERNAL CUSTOMERS.
Addressing Environmental Liabilities When Buying Land or Business | Caltha LLPLoren Larson, CHMM, CPEA
Seminar slides: Addressing Environmental Liabilities When Buying Land or Business
This seminar is for buyers and sellers of commercial property and business assets. It focuses on assessing liabilities associated with both real estate and businesses.
Topics cover include
Property liabilities compared to business environmental liabilities
Understanding Buyer & Seller risks
Risk management tools
Upcoming changes to US EPA and ASTM standards for property assessments
Quantifying environmental liabilities
For more information go to:
www.calthacompany.com
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Securing your Kubernetes cluster_ a step-by-step guide to success !KatiaHIMEUR1
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
Solving environmental issues in real estate dealsScott Deatherage
Solving environmental issues in real estate deals requires experience and expertise. This presentation presents some ways of solving environmental problems and closing the deal.
5th International Disaster and Risk Conference IDRC 2014 Integrative Risk Management - The role of science, technology & practice 24-28 August 2014 in Davos, Switzerland
Due Diligence for Commercial Real EstateJamie Balkin
Four members of the Wightman team are presenting as part of the Indiana Commercial Real Estate Annual Conference (ICREC21) on Friday, April 30, 2021. They are joining an amazing line up of speakers. Check it out here: https://www.myicbr.org/conference/speakers/
The presentation focused on Due Diligence will share what you should know before acquiring land or buildings with helpful checklists of environmental and building issues to consider. Wightman presenters include Carl Baxmeyer, Steve Carlisle, Greg Monberg and Greg Vaughn.
SUPPLY CHAIN MANAGEMENT (SCM) IS TO MANAGE STRATEGICALLY AND IN INTEGRATED MANNER FLOW OF MATERIALS EFFICIENTLY AND ECONOMICALLY,FROM A CHAIN OF SUPPLIERS,
TO/THROUGH ANOTHER CHAIN OF INTERNAL SUPPLIERS & INTERNAL CUSTOMERS OF ‘THE ENTERPRISE’ AND
FINALLY THE FINISHED PRODUCT IN RIGHT QUANTITY, OF RIGHT QUALITY, AT RIGHT PRICE AND IN RIGHT TIME TO A CHAIN OF EXTERNAL CUSTOMERS.
Addressing Environmental Liabilities When Buying Land or Business | Caltha LLPLoren Larson, CHMM, CPEA
Seminar slides: Addressing Environmental Liabilities When Buying Land or Business
This seminar is for buyers and sellers of commercial property and business assets. It focuses on assessing liabilities associated with both real estate and businesses.
Topics cover include
Property liabilities compared to business environmental liabilities
Understanding Buyer & Seller risks
Risk management tools
Upcoming changes to US EPA and ASTM standards for property assessments
Quantifying environmental liabilities
For more information go to:
www.calthacompany.com
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Securing your Kubernetes cluster_ a step-by-step guide to success !KatiaHIMEUR1
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
Welocme to ViralQR, your best QR code generator.ViralQR
Welcome to ViralQR, your best QR code generator available on the market!
At ViralQR, we design static and dynamic QR codes. Our mission is to make business operations easier and customer engagement more powerful through the use of QR technology. Be it a small-scale business or a huge enterprise, our easy-to-use platform provides multiple choices that can be tailored according to your company's branding and marketing strategies.
Our Vision
We are here to make the process of creating QR codes easy and smooth, thus enhancing customer interaction and making business more fluid. We very strongly believe in the ability of QR codes to change the world for businesses in their interaction with customers and are set on making that technology accessible and usable far and wide.
Our Achievements
Ever since its inception, we have successfully served many clients by offering QR codes in their marketing, service delivery, and collection of feedback across various industries. Our platform has been recognized for its ease of use and amazing features, which helped a business to make QR codes.
Our Services
At ViralQR, here is a comprehensive suite of services that caters to your very needs:
Static QR Codes: Create free static QR codes. These QR codes are able to store significant information such as URLs, vCards, plain text, emails and SMS, Wi-Fi credentials, and Bitcoin addresses.
Dynamic QR codes: These also have all the advanced features but are subscription-based. They can directly link to PDF files, images, micro-landing pages, social accounts, review forms, business pages, and applications. In addition, they can be branded with CTAs, frames, patterns, colors, and logos to enhance your branding.
Pricing and Packages
Additionally, there is a 14-day free offer to ViralQR, which is an exceptional opportunity for new users to take a feel of this platform. One can easily subscribe from there and experience the full dynamic of using QR codes. The subscription plans are not only meant for business; they are priced very flexibly so that literally every business could afford to benefit from our service.
Why choose us?
ViralQR will provide services for marketing, advertising, catering, retail, and the like. The QR codes can be posted on fliers, packaging, merchandise, and banners, as well as to substitute for cash and cards in a restaurant or coffee shop. With QR codes integrated into your business, improve customer engagement and streamline operations.
Comprehensive Analytics
Subscribers of ViralQR receive detailed analytics and tracking tools in light of having a view of the core values of QR code performance. Our analytics dashboard shows aggregate views and unique views, as well as detailed information about each impression, including time, device, browser, and estimated location by city and country.
So, thank you for choosing ViralQR; we have an offer of nothing but the best in terms of QR code services to meet business diversity!
Encryption in Microsoft 365 - ExpertsLive Netherlands 2024Albert Hoitingh
In this session I delve into the encryption technology used in Microsoft 365 and Microsoft Purview. Including the concepts of Customer Key and Double Key Encryption.
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
Essentials of Automations: Optimizing FME Workflows with ParametersSafe Software
Are you looking to streamline your workflows and boost your projects’ efficiency? Do you find yourself searching for ways to add flexibility and control over your FME workflows? If so, you’re in the right place.
Join us for an insightful dive into the world of FME parameters, a critical element in optimizing workflow efficiency. This webinar marks the beginning of our three-part “Essentials of Automation” series. This first webinar is designed to equip you with the knowledge and skills to utilize parameters effectively: enhancing the flexibility, maintainability, and user control of your FME projects.
Here’s what you’ll gain:
- Essentials of FME Parameters: Understand the pivotal role of parameters, including Reader/Writer, Transformer, User, and FME Flow categories. Discover how they are the key to unlocking automation and optimization within your workflows.
- Practical Applications in FME Form: Delve into key user parameter types including choice, connections, and file URLs. Allow users to control how a workflow runs, making your workflows more reusable. Learn to import values and deliver the best user experience for your workflows while enhancing accuracy.
- Optimization Strategies in FME Flow: Explore the creation and strategic deployment of parameters in FME Flow, including the use of deployment and geometry parameters, to maximize workflow efficiency.
- Pro Tips for Success: Gain insights on parameterizing connections and leveraging new features like Conditional Visibility for clarity and simplicity.
We’ll wrap up with a glimpse into future webinars, followed by a Q&A session to address your specific questions surrounding this topic.
Don’t miss this opportunity to elevate your FME expertise and drive your projects to new heights of efficiency.
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
UiPath Test Automation using UiPath Test Suite series, part 3DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 3. In this session, we will cover desktop automation along with UI automation.
Topics covered:
UI automation Introduction,
UI automation Sample
Desktop automation flow
Pradeep Chinnala, Senior Consultant Automation Developer @WonderBotz and UiPath MVP
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
1. Mississippi College School of LawMississippi College School of Law
Environmental Law CLEEnvironmental Law CLE
Natural Resources, Energy and Environmental SectionNatural Resources, Energy and Environmental Section
Mississippi BarMississippi Bar
Burlington Northern – Has CERCLA LiabilityBurlington Northern – Has CERCLA Liability
Changed ?Changed ?
Keith TurnerKeith Turner
Watkins Ludlam Winter & StennisWatkins Ludlam Winter & Stennis
April 2010April 2010
2. Burlington Northern – Has CERCLA LiabilityBurlington Northern – Has CERCLA Liability
Changed ?Changed ?
Short Answer – YesShort Answer – Yes
Long Answer – Yes, but………Long Answer – Yes, but………
3.
4. FactsFacts
Brown & Bryant purchased agriculturalBrown & Bryant purchased agricultural
chemicals from several manufacturerschemicals from several manufacturers
including Shellincluding Shell
From 1960’s through 1970’s, tanker trucksFrom 1960’s through 1970’s, tanker trucks
and rail cars were offloaded at the siteand rail cars were offloaded at the site
Chemicals included pesticides – Dinoseb,Chemicals included pesticides – Dinoseb,
D-D, NemogonD-D, Nemogon
6. FactsFacts
Aware of the industry spillage problem ShellAware of the industry spillage problem Shell
provided safety manuals, discounts forprovided safety manuals, discounts for
improvements made to offloading facilities,improvements made to offloading facilities,
required PE certifications, specified types ofrequired PE certifications, specified types of
offloading equipmentoffloading equipment
Spills continued at B & BSpills continued at B & B
Sump and drainage pond unlined until 1979Sump and drainage pond unlined until 1979
7.
8.
9. Significant Aspects of theSignificant Aspects of the
Burlington DecisionBurlington Decision
Narrowing of Arranger LiabilityNarrowing of Arranger Liability
Further development of apportionmentFurther development of apportionment
methods ?methods ?
10. Arranger LiabilityArranger Liability
When does the supplier of a usefulWhen does the supplier of a useful
product become responsible for resultingproduct become responsible for resulting
wastes ?wastes ?
11. Arranger LiabilityArranger Liability
Spills occurred not just at originalSpills occurred not just at original
offloading but when product was movedoffloading but when product was moved
about on the property for storage andabout on the property for storage and
mixing - and when loaded for resalemixing - and when loaded for resale
12. Arranger LiabilityArranger Liability
Government argued “arranger” liability forGovernment argued “arranger” liability for
ShellShell
Was there “disposal” underWas there “disposal” under § 107 ?§ 107 ?
CERCLACERCLA §§ 9607(a)(3) – “disposal”9607(a)(3) – “disposal”
§§ 9601(29) - Disposal includes – spilling and9601(29) - Disposal includes – spilling and
leaking (referring to RCRA definition)leaking (referring to RCRA definition)
13. Arranger LiabilityArranger Liability
Was Shell’s knowledge that spills wereWas Shell’s knowledge that spills were
occurring and would likely continue tooccurring and would likely continue to
some degree sufficient ?some degree sufficient ?
14. Arranger LiabilityArranger Liability
““knowledge alone is insufficient to proveknowledge alone is insufficient to prove
that an entity "planned for" the disposal,that an entity "planned for" the disposal,
particularly when the disposal occurs as aparticularly when the disposal occurs as a
peripheral result of the legitimate sale ofperipheral result of the legitimate sale of
an unused, useful product”an unused, useful product”
Burlington Northern at 1880Burlington Northern at 1880
There may be “some instances” that knowledge isThere may be “some instances” that knowledge is
evidence of intent to disposeevidence of intent to dispose
15. Arranger LiabilityArranger Liability
The defendant “must have entered into theThe defendant “must have entered into the
sale of [the product] with the intention thatsale of [the product] with the intention that
at least a portion of the product beat least a portion of the product be
disposed during the transfer process.”disposed during the transfer process.”
Burlington Northern at 1880Burlington Northern at 1880
If Shell shipped product other than FOB – factor forIf Shell shipped product other than FOB – factor for
finding liability ?finding liability ?
(FOB - buyer pays shipping cost, and takes responsibility for the(FOB - buyer pays shipping cost, and takes responsibility for the
goods when the goods leave the seller's premises)goods when the goods leave the seller's premises)
16. Arranger LiabilityArranger Liability
For new useful products direct evidence ofFor new useful products direct evidence of
intent now required ? Likelyintent now required ? Likely
What about used products -doesWhat about used products -does
knowledge become a factor in determiningknowledge become a factor in determining
liability ? Possiblyliability ? Possibly
18. ApportionmentApportionment
Which is proper liability for the railroads –Which is proper liability for the railroads –
joint and several or apportionment ?joint and several or apportionment ?
19. ApportionmentApportionment
Burlington court began with U.S. v. Chem-DyneBurlington court began with U.S. v. Chem-Dyne
Corp, 572 F.Supp. 802 (S.D. Ohio 1983)Corp, 572 F.Supp. 802 (S.D. Ohio 1983)
ToTo §433A§433A Restatement (Second) of TortsRestatement (Second) of Torts
““when two or more persons acting independently caus[e] awhen two or more persons acting independently caus[e] a
distinct or single harm for which there is a reasonable basisdistinct or single harm for which there is a reasonable basis
for division according to the contribution of each, each isfor division according to the contribution of each, each is
subject to liability only for the portion of the total harm that hesubject to liability only for the portion of the total harm that he
has himself caused.has himself caused.
20. ApportionmentApportionment
““apportionment is proper when “there is aapportionment is proper when “there is a
reasonable basis for determining thereasonable basis for determining the
contribution of each cause to a singlecontribution of each cause to a single
harm.” (Restatement)harm.” (Restatement)
22. Burlington Northern Court FactorsBurlington Northern Court Factors
(District Court’s*)(District Court’s*)
Area OwnershipArea Ownership
Percentage of the sitePercentage of the site
TimeTime
Percentage of time property controlled compared to period ofPercentage of time property controlled compared to period of
time during operations resulting in spillstime during operations resulting in spills
VolumeVolume
Quantity of waste compared to main portion of siteQuantity of waste compared to main portion of site
Court allowed for 50% margin of errorCourt allowed for 50% margin of error
*District Court was required to create its own approach because the parties*District Court was required to create its own approach because the parties
refused to cooperaterefused to cooperate
23.
24. Burlington Northern District CourtBurlington Northern District Court
Apportionment EquationApportionment Equation
..19 (% surface area) x .45 (% time operation) x .66 (2/3’s19 (% surface area) x .45 (% time operation) x .66 (2/3’s
contribution of volume) = % liabilitycontribution of volume) = % liability
6% (+/-) x 50% errors = 9% liability6% (+/-) x 50% errors = 9% liability
Remember – court did this without involvement of the PRP’sRemember – court did this without involvement of the PRP’s
25. ApportionmentApportionment
Liability is Joint and Several unlessLiability is Joint and Several unless
apportionment by:apportionment by:
Distinct harms (physical, chemical, geographic orDistinct harms (physical, chemical, geographic or
other)other)
PRP’s argue there is a reasonable basis forPRP’s argue there is a reasonable basis for
determining the contributiondetermining the contribution
How broad this will be has yet to be determinedHow broad this will be has yet to be determined
26. ProgenyProgeny
Hinds Investments L.P. v. TeamHinds Investments L.P. v. Team
Investments, Inc. 2010 WL 922416 (E.D.Investments, Inc. 2010 WL 922416 (E.D.
Cal.)Cal.)
PRP claimed dry cleaning machinePRP claimed dry cleaning machine
manufacturer arranged for waste disposalmanufacturer arranged for waste disposal
from its machine into drains – arranger liabilityfrom its machine into drains – arranger liability
PRP claimed manufacturer manual directedPRP claimed manufacturer manual directed
wastewater flow to open drain – which iswastewater flow to open drain – which is
evidence of intentional step to dispose of PCEevidence of intentional step to dispose of PCE
27. Hinds Investments L.P. v. TeamHinds Investments L.P. v. Team
InvestmentsInvestments
Manufacturer was not an “arranger” –Manufacturer was not an “arranger” –
No ownership or possession of wasteNo ownership or possession of waste
Knowledge alone not sufficientKnowledge alone not sufficient
No involvement in installation or direction on disposalNo involvement in installation or direction on disposal
Useful Product Defense the transaction at issue was the saleUseful Product Defense the transaction at issue was the sale
of the equipment – which did not create or involve hazardousof the equipment – which did not create or involve hazardous
wastewaste
28. Hinds Investments L.P. v. TeamHinds Investments L.P. v. Team
InvestmentsInvestments
Hinds court - “Plaintiffs conveniently ignoreHinds court - “Plaintiffs conveniently ignore
the ownership/possession factor of arrangerthe ownership/possession factor of arranger
liability” ----------- following 3liability” ----------- following 3rdrd
Circuit whichCircuit which
states that 107(a)(3) requires suchstates that 107(a)(3) requires such
The 3The 3rdrd
Circuit missed important languageCircuit missed important language
under 107 - “by any other party or entity”under 107 - “by any other party or entity”
Arranger liability does not require ownershipArranger liability does not require ownership
or actual possession of the waste !or actual possession of the waste !
29. ProgenyProgeny
Evansville Greenway and Remediation Trust v. SouthernEvansville Greenway and Remediation Trust v. Southern
Indiana Gas and Electric, 661 F. Supp. 2d 989, Sept. 29,Indiana Gas and Electric, 661 F. Supp. 2d 989, Sept. 29,
2009 (S.D. Ind)2009 (S.D. Ind)
Scrap yard received batteries from SIGECO and othersScrap yard received batteries from SIGECO and others
Is SIGECO jointly and severally liable or can thereIs SIGECO jointly and severally liable or can there
apportionment ?apportionment ?
Yard records destroyed (contained quantities, types etc)Yard records destroyed (contained quantities, types etc)
When “applicable law in flux” the best role the district court canWhen “applicable law in flux” the best role the district court can
play is hold a trial to make detailed findingsplay is hold a trial to make detailed findings
Apportionment would have been impossible prior to BurlingtonApportionment would have been impossible prior to Burlington
but now court needs more facts to determine is appropriatebut now court needs more facts to determine is appropriate
30. ProgenyProgeny
U.S. v. Washington State Department ofU.S. v. Washington State Department of
Transportation, 665 F. Supp. 1233, Sept.Transportation, 665 F. Supp. 1233, Sept.
15, 2009 (W.D. WA)15, 2009 (W.D. WA)
Thea Foss
Waterway
31. U.S. v. Washington StateU.S. v. Washington State
Department of TransportationDepartment of Transportation
Claim that Corps of Engineers was arranger as aClaim that Corps of Engineers was arranger as a
result of prior cleanup activities (1902 – 1949) (1912-result of prior cleanup activities (1902 – 1949) (1912-
1915) (1975-1983) during dredging project1915) (1975-1983) during dredging project
Was Corps just a permitting authority or more ?Was Corps just a permitting authority or more ?
Corps claimed only issued permit for 1975-1983 workCorps claimed only issued permit for 1975-1983 work
Did the Corps specify disposal locations ?Did the Corps specify disposal locations ?
Because a “fact-intensive inquiry” is necessary theBecause a “fact-intensive inquiry” is necessary the
court could not find for summary judgmentcourt could not find for summary judgment
32. ProgenyProgeny
U.S. v. Saporito, 2010 WL 489708 (N.D.U.S. v. Saporito, 2010 WL 489708 (N.D.
Ill.)Ill.)
PRP owner of metal plating businessPRP owner of metal plating business
attempted to apportionment based uponattempted to apportionment based upon
period andperiod and typetype of equipment ownershipof equipment ownership
(purchased and leased back)(purchased and leased back)
Court held him comparable to joint ventureCourt held him comparable to joint venture
which would not allow apportionmentwhich would not allow apportionment
33. ProgenyProgeny
Halliburton Energy Services, Inc. v. NLHalliburton Energy Services, Inc. v. NL
Industries, 648 F. Supp. 2d 840 Aug. 18Industries, 648 F. Supp. 2d 840 Aug. 18
2009 (S.D. Texas)2009 (S.D. Texas)
Former barite ore mining and milling siteFormer barite ore mining and milling site
An attempt to use Burlington Northern by oneAn attempt to use Burlington Northern by one
PRP against another claiming arranger liabilityPRP against another claiming arranger liability
Court dismissed discussion as irrelevantCourt dismissed discussion as irrelevant
because the liability issue was under otherbecause the liability issue was under other
CERCLA statute (113)CERCLA statute (113)
34. Future effects of BurlingtonFuture effects of Burlington
Northern ?Northern ?
Will the courts be willing to embrace efforts toWill the courts be willing to embrace efforts to
find a basis for apportionment?find a basis for apportionment?
Loss of Joint and Several Liability early settlingLoss of Joint and Several Liability early settling
incentive ?incentive ?
Fewer PRP’s ?Fewer PRP’s ?
More liability for owners and operators ?More liability for owners and operators ?
35. More ?More ?
Is Intent always a threshold for arranger liability?Is Intent always a threshold for arranger liability?
Litigation over “reasonable basis” ?Litigation over “reasonable basis” ?
More time and costs developing facts ?More time and costs developing facts ?
Shifting of remediation costs to government ?Shifting of remediation costs to government ?
More pressure for Superfund Tax ?More pressure for Superfund Tax ?