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

News

Preti Flaherty Attorney Sigmund D. Schutz Named to AAA Roster of Arbitrators

Preti Flaherty is pleased to announce that attorney Sigmund Schutz was recently named to the American Arbitration Association’s (AAA) Roster of Arbitrators. AAA is a not-for-profit organization in the field of alternative dispute resolution...

Press Coverage

Maine Newspapers Fight Anonymous Testimony in Lawsuit Challenging Vaccine Mandate

A group of newspapers in Portland, Lewiston, Augusta, and Waterville, represented by Preti Flaherty attorney Sigmund Schutz, have filed a motion in federal court requesting the identity of nine healthcare workers seeking religious exemption from the state's...

Publication

What Do the Supreme Court's Vaccination Rulings Mean for Your Business?

Reflecting the deep rift in public opinion concerning the government’s role in dictating how businesses, health care entities and public sector employers ought to act to stem the spread of COVID-19, a divided U.S. Supreme...

Publication

Legislative Alert: Convening of the 2nd Regular Session of the 130th Legislature

The Second Regular Session of the 130 th Legislature will convene next Wednesday, January 5 th at 10 a.m. This is intended to be an in-person session of both the House and Senate with...

News

Preti Flaherty Attorneys Mariana Baron and Nelson Larkins Honored by Maine Supreme Judicial Court for Pro Bono Service

Preti Flaherty is pleased to announce that attorneys Mariana Baron and Nelson Larkins have been honored by the Katahdin Counsel Recognition Program for their 2021 contributions to pro bono legal aid in the state...

Press Coverage

Preti Flaherty Attorneys Walker and Sedlack Provide Counsel in Portland Recount Battle

After two days, hours of discussions, reported discrepancies in voting machines, and a hand recount of ballots, Roberto Rodriguez emerged as the winner of Portland’s at-large city council election. The hotly contested race was the first ranked-choice...

News

Preti Flaherty Welcomes Attorney Jeffrey Thaler to the Firm

In a move that significantly expands its pioneering Climate Strategy Practice Group, Preti Flaherty Beliveau & Pachios, LLP is pleased to announce that it has hired Jeffrey Thaler, a leading climate and clean energy...

Publication

Pandemic Legal Lessons Learned by the Real Estate Industry

Preti Flaherty attorney Simon Brown has coauthored an article for  NH Business Review  on the subject of ongoing fallout of the pandemic on the real estate industry and some key lessons learned over the...

Publication

EPA Makes History With First-Ever Addition of Hazardous Air Pollutant

After a decade-long back-and-forth with states, NGOs and industry groups, the U.S. Environmental Protection Agency has finally announced that it will add a powerful dry cleaning solvent, 1-bromopropane, or “1-BP” to its list of...

News

Preti Flaherty Partnership Announces Promotion to Partner of Kristin Collins and John Cronan, III

Preti Flaherty is pleased to announce that the firm’s partnership has named two new partners: Kristin M. Collins and John J. Cronan, III. Both attorneys stand out as distinguished practitioners within their respective fields...