Environmental

CERCLA Allocation

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

Maine’s Exemption Laws Are Changing

In March of this year, Representative Denise Tepler (D. Topsham) introduced “An Act To Increase the Value of Property Exempt from Attachment and Execution,” LD 737, which sought to dramatically change Maine’s exemption scheme. ...

News

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

Fifteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2021 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

News

Benchmark Litigation Names Preti Flaherty 2021 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2021 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...

News

Preti Flaherty Attorneys Sig Schutz and Alex Harriman Assist with Amicus Brief in Defense of Maine's Anti-SLAPP Law

Serving as counsel for The Reporters Committee for Freedom of the Press (RCFP) and 14 other news media organizations, Preti Flaherty attorneys Sigmund Schutz and Alexandra Harriman filed with the Maine Supreme Judicial Court a...

Publication

Escalation Clause: An escape from the price-spike trap

Anyone in real estate development would have to be living under a rock not to know about skyrocketing lumber and material prices in the “post”-pandemic world. Pre-pandemic, the average cost for 1,000 board feet...

Publication

The Latest from OSHA on Mitigating and Preventing the Spread of COVID-19 at Work

On the tails of updated guidance from other agencies, the U.S. Department of Labor Occupational Safety and Health Administration ("OSHA") released new pandemic-related guidance last month. This guidance was issued on June 10, 2021...

News

Preti Flaherty Welcomes Attorneys Angelica Li and Hannah M. Oakes to the Firm

Preti Flaherty is pleased to announce the arrival of two new attorneys to our Boston, Massachusetts, office: Angelica Li and Hannah M. Oakes. Angelica joins the firm as an Associate in our Environmental Practice...

Publication

Legislative Alert: Maine Legislature Adjourns!

The First Special Session of the 130 th Legislature finally adjourned on Monday night, July 19 th . As many of you may remember, the First Regular Session ended in March 30th when the...

Publication

How to Avoid Misclassifying Your Employees Under the Maine Workers’ Compensation Act

What criteria are necessary to classify someone as an independent contractor and how can employers avoid misclassification and the repercussions that come with it? In this article, Preti Flaherty attorney and Mainebiz guest columnist John...

News

Maine Justice Foundation Makes Inaugural Grants to Six Maine Groups Working for Racial Justice and Equity

The Maine Justice Foundation has made inaugural grants from its Racial Justice Fund to six Maine groups. The goal of the Fund is to support Black, Indigenous, and People of Color statewide to forge...