Cost Recovery/Contribution Litigation
Environmental remediation is expensive. Even with best management practices and cost-effective strategies, cleanup costs are unpleasant and unpredictable. Environmental laws have such broad liability schemes that the government can impose full responsibility, including claims for natural resource damages, on those least connected to the contamination. This leads to the question – “how can I get someone else, including other responsible parties, to pay their share of cleanup costs?"
Environmental laws and regulations emphasize that remediation should move quickly to protect the environment and human health and that remediation should be undertaken and/or funded by responsible parties. Allocation between responsible parties is less critical to the government and is often left to the remediating parties to work out amongst themselves.
Our attorneys recognize that environmental liability can be ruinous to a client, for example a former dry cleaning tenant who leaves perc contamination at a shopping mall can devastate the property owner. We also recognize that litigation can be expensive and is often an option of last resort for some of our clients. We work with our clients to develop strategies that are specific to each matter whether defending or pursuing a cost recovery claim. We understand that the steps involved in investigation and remediation should contemplate identifying other responsible parties and supporting potential contribution and cost recovery claims against those parties. We also recommend that remediating parties examine their records and all other records available to them to search for insurance or evidence of insurance that could support coverage claims. We have the experience and tenacity in pursuing claims and defending against claims of cost recovery and contribution.
Have a problem with an environmental remediation matter? Maybe we can help.