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

Press Coverage

In Reversal, Maine CDC Will Allow "Advocacy Journalists" into Next COVID-19 Briefing

Following an announcement by Gov. Janet Mills, representatives from the Maine People's Alliance and the Maine Policy Institute will be allowed to attend and participate in the weekly livestream COVID-19 briefings presented by the Maine Center for Disease...

Press Coverage

The Maine Monitor Sues York County for Jail Call Records

On August 2, The Maine Monitor filed a lawsuit against York County, challenging the County's denial of reporter access to public records that may detail times it has recorded confidential conversations between defendants being held at the...

Publication

Beyond Maine’s Ban-the-Box Statute: Practical Employer Considerations

In five (5) days, Maine’s Fair Chance Employment Act goes into effect.  We originally summarized the objective and impact of that legislation in an alert posted on August 11, 2021 .  Now is the...

Event

Dan Walker to Present on Maine Cannabis Law and Policy at Cumberland Bar Association

Preti Flaherty attorney and Cannabis Business Group chair Dan Walker will present on the topic "Maine Cannabis Law and Policy: Review of Current Status and Updates to Maine’s Two Cannabis Programs – Medical and...

Event

Legal Lunches: Workin' for the Weekend

Laura Rideout and John Cronan will participate in a panel discussion called "Workin' for the Weekend: Team Safety Including Wage & Hour, OSHA and Workers' Comp in a Post-COVID World" as a part of...

Event

Kenneth Rubinstein and Anthony Manhart to Present on Modifying AIA Contract Documents

AIA contract documents are the industry standard for managing contractual relationships in construction and design projects. Despite this widespread use, the contracts often contain holes and fail to protect the interests of particular clients...

News

Law360 Names Matt Warner 2021 Cannabis MVP

Preti Flaherty attorney and Cannabis Business Group member Matt Warner was recently named one of Law360's 2021 MVPs in the field of Cannabis. Matt distinguished himself with his pioneering work challenging medical marijuana residency...

Publication

Legislative Alert: Special Session, Redistricting, and Cloture

The Legislature gathered for a Special Session last week, September 29 th , to vote on legislative redistricting. The final agreement passed successfully and with strong bipartisan support in both the House and the...

News

Nineteen Preti Flaherty Attorneys Selected for Inclusion in 2021 Super Lawyers

Nineteen Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including eleven Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...

Publication

Employees Who Refuse to Comply with a Mandatory Vaccination Policy are Generally Ineligible to Receive Unemployment Benefits

Following a nationwide spike in cases, hospitalizations, and deaths, an increasing number of Maine private businesses and colleges have joined the healthcare industry in requiring workers to provide proof of vaccination against COVID-19. Vaccine...