Rising Up or Run Aground? Updates on the National Flood Insurance Program and Proposed CERCLA Financial Assurance Regulations

February 24, 2017

American Bar Association


In this one hour call, program participants will get a preview of major upcoming developments for the National Flood Insurance Program (NFIP) and financial assurance requirements under CERCLA. For the NFIP, Van Ness Feldman's Molly Lawrence will discuss both the expiration of the Program in September of this year, and the recent legal clash over the Program’s implementation and the Endangered Species Act in several states around the country, including Washington, Oregon, California, and Florida. Elise Paeffgen of Alston & Bird will address EPA’s newly proposed CERCLA financial assurance regulations, which were drafted for the hardrock mining industry and are expected to set the standard for other major industries thereafter. With the proposed rule’s notice and comment period closing on March 13, 2017, participants can tune in to the call to hear about the financial assurance instruments EPA is considering in the rulemaking—including insurance—and how the proposed regulations might affect CERCLA litigation and settlement negotiations for years to come.

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