We meld the law with science to create the most defensible allocation possible for our clients. The proof is in the numbers. Our environmental liability allocation attorneys have more than one hundred years of experience on Superfund sites. We’ve achieved favorable allocations of liability in environmental disputes in fourteen states across the U.S., have experience on more than forty-five Superfund sites and have provided expert witness services in over sixty-five cases. Our innovative problem-solving and award-winning Superfund case management techniques make us one of the most trusted and renowned teams in the region and country for mediation, arbitration and expert witness services.

Our team is well-versed in all key components of liability allocation, including:

  • Gore factors and case law allocation factors
  • Divisibility of harm
  • Site history reconstruction
  • Waste stream reconstruction
  • Potentially responsible party investigation
  • Transactional database management
  • Environmental forensics
  • Fate and transport
  • Cause and effect analysis
  • Risk assessment
  • Remediation cost causation
  • Damages/financial analysis

Leaders in high-stakes, high-profile matters

With decades of experience dealing with CERCLA, RCRA, and state controlled hazardous waste sites, our team is distinguished by ground-breaking allocation methodologies and de minimis settlements, precedential approaches to complex Superfund settlements, and innovative procedures for remedial cost estimation, settlement risk management mechanisms and associated pricing of settlements. Preti Flaherty attorneys have litigated, negotiated and mediated very high stakes injunctive and cost recovery matters, including land-based owner/operator and generator sites as well as sediment and riverine sites.

Firm Highlights

News

Maine Justice Foundation Opens Applications for the 2023 Access to Justice Tax Credit

The Maine Justice Foundation is pleased to announce that applications for the 2023 Access to Justice Tax Credit Program will open on June 1, 2023. The Foundation will accept applications from eligible attorneys from...

News

14 Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Fourteen Preti Flaherty attorneys and six practice groups have been selected for inclusion in the 2023 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Publication

H-2B Visa Program Summary

The H-2B classification allows foreign nationals who are citizens of certain named countries, with limited exceptions, to accept temporary non-agricultural employment in the United States, after the employer has obtained temporary labor certification by...

News

Maine Justice Foundation LGBTQ+ Fund Seeks Applications for 2023 Grants

The Maine Justice Foundation is pleased to announce a round of grants from the LGBTQ+ Fund. The Foundation will accept applications for grants from organizations working to advance awareness and understanding of LGBTQ+ issues...

Event

Bodie Colwell joins ethics panel at the Northeast Bankruptcy Conference & Northeast Consumer Forum

An annual conference, this year's Northeast Bankruptcy Conference and Consumer Forum will focus on sophisticated financial scenarios practitioners often face and provide insights on current consumer bankruptcy issues. Preti Flaherty's Bodie Colwell is a...

Publication

Post Sackett: What Is the Scope of the Clean Water Act?

The Supreme Court of the United States (SCOTUS) rendered a decision in Sackett et ux. v. EPA addressing what Justice Alito referred to as a “nagging question” of what water bodies are covered under...

Event

Pachios on the News, with Guest Daniel Brennan

Publication

Municipal Update: Effect of Recent Supreme Court Decision on Sale of Tax Foreclosed Properties

Yesterday, the United States Supreme Court issued its opinion in  Tyler v. Hennepin County, Minnesota  (598 U.S. _____ (2023)). The Supreme Court held that Hennepin County had violated the Fifth Amendment’s takings clause by...

Press Coverage

Oxford Police Chief: Officer Tried to De-escalate Pursuit Before Fatal Crash

Officials from the Cumberland County Sheriff's Office have refused to provide documentation of the department's policy on police chases following the fatal high-speed crash of Nicholas Liebowitz in Gray, Maine, on Friday, April 28, 2023. Chief...

Publication

How Much Permitting "Reform" Comes from the New Debt Ceiling Legislation?

Without fanfare or ceremony, on Saturday June 3 rd , President Biden signed the bitterly-negotiated Fiscal Responsibility Act of 2023 (FRA), also known as the Debt Ceiling Limit legislation. While most of the media...