Allocating Cleanup Costs Among Potentially Responsible Parties
Written by Mark W. Schneider of Perkins Coie, LLP, and
Roux’s Neil M. Ram, Chase A. Gerbig, Nancy Nevins, and Adam H. Love
Allocating costs for hazardous waste site cleanup among potentially responsible parties is unique to the specific circumstances, history, and data for the site. As such, distinct technical approaches are often needed considering the Gore and Torres factors to develop an overall allocation. These factors include both technical and nontechnical considerations that the trier of fact must weigh to arrive at the overall allocation. This article reviews the legal and technical framework in allocating cleanup costs at hazardous waste sites and presents several case histories illustrating the integration of fact, science, and law in the final allocation.
This article was published in the Winter 2019 edition of Remediation Journal. Please submit the form below to receive a complimentary copy of this article.