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Alternative Dispute Resolution
and Cost Allocation

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.