Liability and Allocation
As one of the most experienced teams in the country, TIG Environmental specializes in the use of sophisticated investigative techniques, evidence gathering, and environmental forensic analyses to support clients involved in complex, multi-party sites with contaminated sediments, soils, or groundwater. We gather historical, factual evidence to establish a basis for cost allocation and then perform forensic analyses to develop defensible, fact-based, and successful cost allocation proposals.
Investigation and Research
Our private detective pedigree, coupled with our multi-disciplinary forensic approach, allows us to successfully uncover the most salient facts and unwind history as it relates to complex issues. We identify potentially responsible parties, investigate liabilities, and help prepare for litigation by:
Researching trade, scientific, historical, and regulatory documents to create historical inventories of potential contaminant sources
Exposing contaminant pathways, including spills and disposal practices, and quantifying contributions to contaminated sites
Investigating primary and alternative exposure scenarios in toxic tort claims
Identifying witnesses, unique records, and other factual evidence not uncovered through formal civil discovery or mediation disclosure processes
Strategy, Advocacy, and Litigation / Mediation Support
TIG Environmental helps clients develop specific legal arguments based on evidence, expert technical analyses, and our strategic understanding of the technical, legal, financial, and social challenges at contaminated sites. We coordinate with clients and their counsel to define offensive and defensive positions in support of allocation negotiations by:
Using factual historical evidence to identify potentially responsible parties and establish a basis for cost allocation
Developing strategies for allocation framework methodologies appropriate to site factors
Modeling different allocation scenarios to understand how fact patterns affect a potential outcome
Evaluating remedy components and conducting detailed cost evaluations to understand how remedy cost uncertainties should be considered in an allocation strategy
Assisting counsel in developing allocation strategies that seek to reduce our client’s anticipated share of costs
Evaluating remedy components and appropriateness to support allocation positions
Conducting technical evaluations and developing expert reports to summarize technical positions or provide factual data, and assisting in developing position papers in support of our client's position
Providing expert witness testimony to present technical arguments about the who, what, where, and when of contaminated sites
Evidentiary Services and Analysis
The TIG Environmental team can manage, assess, and prioritize critical evidence to help clients develop strong positions and protect their bottom lines. Our expertise includes:
Developing evidentiary databases and evaluating evidence using commercial platforms
Efficiently leveraging technology to triage and prioritize content contained in incoming discovery productions using our Triage and Intelligence Gathering e-Discovery Routine (TIGER) software solution
Developing, managing, and vetting witness pools
Assessing financial viabilities/assets and corporate liabilities of parties
Tracing and evaluating complex corporate transactions to identify ultimate successors-in-interest
Locating evidence of general liability insurance coverage from internal, external, public, and private information sources
TODAY'S TOOLS FOR TODAY'S CHALLENGES
TIG’s expert reports and expert testimony are helping the client negotiate favorable settlements with some plaintiffs and mount a vigorous defense in court cases associated with other plaintiffs.
Alleged Dioxin Emissions from an Industrial Facility
TIG Environmental applied an allocation strategy using multiple lines of evidence to quantify an allocable share to all parties for contamination near the client’s property, thereby potentially reducing the client’s liabilities for cleanup costs.
Allocation and Cost Recovery Technical Support
TIG Environmental provided technical expert support at the site for environmental liability assessment and cost allocation for the remediation of sediments and for the associated natural resource damage claims.
Quantifying Impact of Transportation Runoff on Waterway Sediment
TIG was able to successfully attribute nearly all of the sediment contamination to other parties and bring two parties into the cleanup of the upland parcel.
Allocation Strategy Support on an Urban River for a Water-Dependent Business
TIG Environmental's analysis is being used to support the client in obtaining a more equitable allocation of investigation, design, and remediation costs. The potential savings to the client could be in the hundreds of millions of dollars.
Complex Multi-PRP Sediment Sites
TIG Environmental’s analysis proved that polychlorinated biphenyl (PCB) releases from the client’s facilities were much lower than anticipated, resulting in a lower allocation.
Identification of Relative Contaminant Discharge Leads to Lower Allocation
On behalf of our client, we presented evidentiary cases to EPA that resulted in the issuance of General Notice Letters to more than 100 PRPs.
Site Inventory, PRP Prioritization, and Strategic Case Building
By combining historical research with chemical forensic analysis, TIG Environmental was able to clearly demonstrate what our client’s allocation share should be for the remediation and provide evidence for successful future settlement with other parties.
Allocation Support for a Submerged Lands Owner
By establishing that the majority of the allocable cleanup cost rested with the plaintiff, our client was able to successfully resolve its liabilities and avoid protracted litigation costs.
PRP Identification via Corporate Successorship
TIG Environmental was able to rapidly deploy resources and reduce the scientific and engineering uncertainties, as well as identify other potentially responsible parties (PRPs) for possible cost recovery actions in the future.
Site Investigation and Source Identification