CERCLA Cost Recovery

Eastern Tennessee

Roux Associates was retained by a coal tar manufacturing company that formerly owned and operated a facility in eastern Tennessee. The current owner of the property, a chemical manufacturing company, sued for cost recovery alleging that our client was solely responsible for contamination of soil and groundwater at the site. Roux Associates reviewed and analyzed numerous reports and extensive data and concluded that the majority of contamination at the site was caused by the chemical company and not our client. Roux Associates provided an expert report, deposition testimony and trial support in the case.

The court found that, under the terms of the property transfer agreement between our client and the chemical company, our client was not liable for any cleanup costs at the site.