Preti Flaherty’s Environmental Practice Group has decades of experience dealing with CERCLA, RCRA and state uncontrolled hazardous substance sites and allocation of responsibility for cleanup and costs related to investigation and remediation. 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. 

E. Michael Thomas, of counsel to the firm, has a thirty-five year Superfund career distinguished by innovative problem-solving: ground-breaking de minimis settlements; award-winning Superfund case management techniques; precedential approaches to complex Superfund settlements; and innovative procedures for remedial cost estimation, settlement risk management mechanisms and associated pricing of settlements.  Michael was the lead attorney on the EPA enforcement action that resulted in the Cannons Engineering decisions that are the basis for the CERCLA allocation process that has developed and evolved over the past 30 years.  Michael is an experienced allocation practitioner in governmental, client representational, third party neutral and court-sponsored allocation processes, having mediated or represented PRP Groups as Allocation Counsel or appeared as an expert witness on CERCLA allocation issues in more than a dozen matters. 

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

The firm tracks all CERCLA allocation, apportionment and divisibility of harm decisions.  This allows our allocation team to identify and apply the allocation principles and factors that are relevant and appropriate to a particular situation in an efficient manner.

Additional information on the firm's allocation experience can be viewed here.