Obtaining Cost recovery from liable parties
Environmental investigation and remediation costs can be significant, particularly if groundwater has been contaminated. This means that disputes often arise following the discovery of contamination about:
- Who caused the contamination
- When the contamination started
- Where the contamination migrated
- Who should be responsible to investigate, cleanup or pay for contamination.
As environmental lawyers, we assist clients seeking cost recovery from potential liable parties.
Scientific Study Reveals Contamination Source
Determining the source and the timing of the discharge often depends on scientific forensic analysis. Thus, we often work with environmental scientists including geologists, hydrogeologists, forensic chemists, and metallurgists, as well as other experts, to develop the evidence necessary to defend or prosecute legal positions.
In certain instances, discharges of hazardous substances alleged to have occurred from a client’s property can be commingled with other contamination. We work with an array of experts to attempt to differentiate contamination in order to refute the proposition that the pollution at issue could have been emitted from the site of our clients’ operations.
Obtaining Funding to Address Environmental Contamination
Depending on the situation, funding to investigate and remediate environmental contamination may exist. As experts in environmental law, we help clients locate sources of funding to address environmental contamination, including insurance and state loans and grants.
Legal claims may be subject to certain statutes of limitations, (i.e. a time period after which claims are barred). Therefore, it is critical that owners of contaminated property are aware of these time periods so as not to miss the opportunity to litigate against potentially responsible parties.