CERCLA Cost Recovery

Southern California

Roux Associates was retained by the defendant, former owner and operator of a pesticide formulation plant, in a case where the current owner was claiming lost property value due to soil contamination by pesticides beneath buildings and pavement. Because of the presence of the pesticides, the site had been listed on the California Superfund site list. The plaintiff claimed to be an innocent landowner under CERCLA. Roux Associates evaluated technical reports and deposition testimony, developed expert opinions regarding the consistency of the plaintiff's environmental due diligence efforts with the National Contingency Plan, and provided testimony both in deposition and at trial.

The court found that the plaintiff was not an innocent landowner and was responsible for a portion of any clean-up costs. Roux Associates provided additional deposition testimony regarding apportionment of liability. The case was settled prior to the second trial.