Preti Flaherty’s Environmental Practice Group has decades of experience dealing with CERCLA, RCRA and state uncontrolled hazardous substance sites. Led by David Van Slyke, a long-time Superfund practitioner that began his career at EPA in the foundational early years of the Superfund enforcement program, Preti Flaherty has an environmental team that includes both former DOJ Environmental Enforcement Section and EPA Regional Counsel attorneys. These lawyers have litigated and negotiated very high stakes injunctive and cost recovery matters both for the government and while in private practice. Many of these matters involved allocation issues.

The firm is and has been lead counsel on environmental remediation matters involving land-based owner/operator and generator sites, sediment and riverine sites, and NRD cases, many with very significant stakes and several with actual and potential liability in the significant nine-figure range. The firm has worked with nationally-recognized technical experts on numerous aspects of Superfund liability and liability allocation issues involving both land-based and estuarine/riverine situations, including:

  • Fate and transport
  • Risk assessment
  • Remediation cost causation
  • Environmental forensics
  • Waste stream reconstruction
  • Divisibility of harm