Environmental Issues in Bankruptcy: Lessons from In re: ASARCO

Date: Wednesday, November 04, 2009
Time: 2:00 PM - 3:30 PM (ET)

Over the past four years, ASARCO LLC has fought its way through what the Department of Justice has described as the most complex environmental bankruptcy in history. During this time, the company has used a variety of tools, from claims estimation at its unowned properties, to liability transfers at owned properties, to resolution of day‑to‑day compliance matters at its operating facilities.  These issues have involved nearly 100 sites spread from New Jersey to California, and implicated not only important issues of bankruptcy law, but also significant matters under state and federal laws and the interplay between these areas.

In this 90-minute Webinar, Tony Davis (bankruptcy counsel for ASARCO) and Scott Janoe (environmental counsel for ASARCO) of Baker Botts LLP will discuss key lessons learned from the ASARCO case, including:

• Strategies for assessing and addressing claims at the outset of bankruptcy from both the debtor and the creditor perspective
• Claims estimation as a tool for resolving environmental claims
• Dischargeability of environmental claims, both generally and in the wake of the 7th Circuit's recent Apex decision
• Owned property liabilities and a variety of related issues – when does a debtor “own” a property?
• Liability transfers as a practical approach to addressing owned property liabilities
• Compliance obligations of debtors in possession
• Management of bankrupt entities in the context of large PRP groups
• Negotiating and obtaining court approval of settlements of environmental claims

Register easily and securely to reserve your space now for BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 pm ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
• Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

• Personal attention. Once you’ve registered, send your questions in advance to mgrena@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a followup e-mail with contact information for our speakers as well as other materials related to the topic.
• CLE credits will be available for this EHS Webinar.