Alternative Dispute Resolution and Cost Allocation - case study


Courtesy of AlterEcho

Untangling liability and legal responsibility for cleanup costs in hazardous waste cases

The Summary

  • We combine extensive ADR experience and legal and technical knowledge to successfully address the wide range of factors and situations that arise in cost allocation/Potentially Responsible Party matters, providing our clients with extensive and innovative expertise throughout the process.

The Client

  • Multiple corporate, public and agency stakeholders working toward fair and equitable settlements to outstanding environmental cleanup issues.

The Rundown

  • Our professionals utilize legal, factual and equitable analyses and the most up-to-date research methods—transactional databases and waste 'fingerprinting' and modeling, for example—to resolve complex cases of environmental responsibility. Among these cases:
  • Convening of a contaminated sediment site. Facilitated organization of disparate PRP Group, designed allocation process and mediated allocator selection that obtained full agreement on site costs and work commitments.
  • Facilitation of stakeholder involvement. Designed and facilitated meetings regarding community concerns about planned remedial action, resulting in consensus among local citizens, national environmental advocacy group, federal agencies, and responsible parties.
  • Mediation of site costs dispute. Implemented a PRP search and mediated allocation negotiations at a site with over 4,000 entities. Developed nexus reports relative to individual transactions and options leading to a de minimis buyout.
  • Allocation of costs recovery. Allocation addressed several technical and legal concerns over nexus and toxicity, as well as assignment of transporter and orphan shares. Waste-in information obtained through depositions of haulers and generator records, with allocation upheld in federal court.

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