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

Publication

Recent Massachusetts Appeals Court Decision Holds that Construction Defects Are Not Covered by CGL Policy

The recent Massachusetts Appeals Court decision in Lessard v. R.C. Havens & Sons, Inc. (August 2024) offers important clarification for contractors, subcontractors, and insurers regarding the coverage of construction defects under commercial general liability...

Publication

Supreme Court Clarifies Constitutionality of Outdoor Camping Bans

Earlier today the United States Supreme Court issued its decision in the  City of Grants Pass, Oregon v. Johnson et al. , overturning a 2019 decision from the 9 th  Circuit Court, which held...

News

Preti Flaherty Names Michael S. Smith as Managing Partner

Preti Flaherty announced this week the election of Michael S. Smith as the firm’s new Managing Partner, effective July 15, 2024. He succeeds David Van Slyke, who is resuming his role as chair of...

Press Coverage

Looking to 'new generation,' Preti Flaherty promotes 42-year-old litigator to managing partner

Effective July 15, Michael S. Smith has been named managing partner of the law firm Preti Flaherty. Michael succeeds David Van Slyke, who will resume his role as chair of the firm’s environmental practice...

Publication

Maine DEP Issues PFAS in Products Concept Draft Rule

The Maine DEP’s PFAS in Products Program has released its long-awaited Chapter 90 concept draft language (the “PFAS in Products Rule”) for implementation of Maine’s recently-amended “PFAS in Products Law.” The concept draft provides...

Publication

Copyright Litigation: Substantial Similarity

In copyright litigation, courts assess substantial similarity to determine if alleged copying constitutes infringement. This evaluation involves comparing works across different categories using objective measures and subjective impressions to weigh similarities and dissimilarities. Even when...

News

Matthew C. Worthen Joins Preti Flaherty’s Real Estate and Finance Practice Group

Preti Flaherty is pleased to welcome Matthew C. Worthen as a Director in the firm’s Real Estate and Finance Group. Worthen previously served as a Shareholder and Chair of the Real Estate Group at...

Press Coverage

Portland law firm Preti Flaherty unveils renovated HQ space

Preti Flaherty has remodeled its Portland headquarters, spanning three floors and 41,000 square feet at One City Center. The update features hybrid workstations, collaborative areas, and an internal staircase that integrates flexible conference and...

Event

2024 Maine Employment Law Summit

Join us for Preti Flaherty's 2024 Maine Employment Law Summit! For almost three decades, Preti Flaherty's Employment Law team has delivered practical insights and best practices to Maine employers at our annual fall Employment...

News

36 Preti Flaherty Attorneys, including 4 “Ones to Watch” Recognized by National Directory

Thirty-six Preti Flaherty attorneys, including four “Ones to Watch,” have been named to Best Lawyers in America 2025, a highly regarded directory of attorneys and law firms in the United States. The individual attorneys...