Contaminated Properties : Cost Recovery and Contribution

Potentially Responsible Persons…can often be brought to bar even for so-called “orphan sites” if you just turn a few more rocks and dig a little deeper than the average bear…

Environmental Compliance uses the most innovative and aggressive legal strategies to obtain maximum recovery of remedial action costs for its clients. Potentially Responsible Persons (“PRPs”) from whom recovery can be had can often be brought to bar even for so-called “orphan sites” if you just turn a few more rocks and dig a little deeper than the average bear (or government employee). If the company that caused a release of hazardous substances is no longer in business, you might look for recovery from any former plant managers or other corporate officers who had “actual control”, or from the entities that purchased, merged with or otherwise succeeded to the polluting company’s interests. Even “dead and buried” corporations may be subject to suit if they were not properly wound down, making the assets (i.e., insurance policies) of such “zombie” corporations available to pay for cleanups.   On the other hand, when our client’s responsibility is established we make every effort to establish whether any harm the client may have caused is divisible or lesser in terms of time or magnitude in order to avoid the harsh results of strict joint and severable liability. Environmental Compliance has a strong record of success with all these legal and technical strategies.