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.