updated: June 16, 2008
Boston Bar Association        
   

Chapter 21E: Celebrating Its 25th Anniversary With A Discussion Of Its Latest Developments

Friday, June 13, 2008
9:00 a.m. – 12:00 p.m.


Sponsored By:  The Environmental Law Section

This year marks the 25th anniversary of the enactment of Chapter 21E, the state’s Oil and Hazardous Material Release Prevention and Response Act.  The “old” Massachusetts Contingency Plan was promulgated 20 years ago and the “new” MCP is 15 years old.  It has been 10 years since the Brownfields Amendments were enacted.  With all these milestones have come significant developments in the  way lawyers, judges, Licensed Site Professionals, and regulators work with and interpret this complex law. 

In addition to looking back at significant events, this program will provide an update on recent developments and challenges in Chapter 21E practice.  The panelists will discuss issues addressed by the courts recently, including operator liability, attorneys’ fees, property damages, insurance coverage, and the standard for recovery of response costs in a contribution action.  Attendees will hear directly from attorneys involved in key cases.  In addition, the program will provide information on MassDEP priorities and a discussion of how Brownfields incentives are working.   

Specific Topics:

  • Significant events in Chapter 21E history
  • MassDEP priorities in the Chapter 21E program
  • Developments in insurance law for environmental claims
  • Brownfields incentives: are they working?
  • Issues and decisions in the judicial interpretation of Chapter 21E, including Scott v. US NG 1, Inc., Bank v. Thermo Elemental, Inc., and Mystic Landing, LLC v. Pharmacia Corp. v. Modern Continental Construction Co., Inc.

Panelists and their affiliations:

Janine Commerford, LSP
Dept. of Environmental Protection

Robert D. Cox, Jr., Esq.
Bowditch & Dewey, LLP

Christopher P. Davis, Esq.
Goodwin Procter LLP

Lawrence Feldman, Ph.D., LSP
GZA GeoEnvironmental, Inc.

Christopher Foster, Esq.
Robinson & Cole LLP

Lisa C. Goodheart, Esq.
Sugarman, Rogers, Barshak & Cohen, P.C.
                       
Adam P. Kahn, Esq.
Foley Hoag LLP

Arthur P. Kreiger, Esq.
Anderson & Kreiger LLP

Seth Schofield, Esq.
Office of the Attorney General

Tina Wu, Esq.
WilmerHale LLP


Program Co-Chairs:

Michelle N. O’Brien, Esq.
Mackie Shea O’Brien, PC

Kenneth F. Whittaker, Ph.D., Esq.
Adorno & Yoss LLP


Program Prices

$120 - BBA members
$155 - Non-Members
$85 - BBA Sponsoring Section Member
$65 - BBA Member Legal Services/Government Lawyer
$25 - Law Student



 


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