The BEN model favored by the US EPA and other oversight agencies seeks to quantify the economic benefit derived from delaying or avoiding compliance. As applied, BEN model results are often inaccurate as a result of flawed assumptions or incomplete data. LLM examines a number of key factors that influence alleged economic benefit to provide a clear picture of the alleged “benefit,” often resulting in more accurate and reasonable assessments of damages. These factors include:

  • Timing of compliance
  • Actual v. “should-have-been” response costs
  • Impact of deferred compliance on operational costs
  • Process improvements linked to compliance
  • Interest rates, incremental tax rates and other discounted cash flow considerations

LLM prepares formal reports of our findings, which can be used to support settlement negotiations with oversight agencies and can also provide expert testimony, if necessary.