LLM has assisted dozens of clients with innovative and cost-effective solutions to assess liability and/or potential contribution, identify other Potentially Responsible Parties (PRPs), and apportion liability at sites across the country.  We team with professionals who have experience performing investigations in some of the most high-profile cases in the country to assist clients in defending these claims by assessing actual v. alleged contribution and identifying other PRPs.  In some cases our work is used to obtain a dismissal of claims, and in many cases to obtain a favorable settlement and/or identify other parities to respond to the damage.

LLM’s approach to environmental cost allocation matters is flexible, accounting for site-specific facts and the availability of information to determine the appropriate mix of factual foundation, allocation principles, and case precedents to use in our analysis.  We have been retained as a neutral common allocation consultant for some of the largest clean-ups in the country and retained by single PRPs to defend against claims from Federal and State oversight agencies or other PRPs at particular sites.

Our services in these matters include:

Investigative Services

  • Identify and investigate PRPs, including research and documentation of corporate history and successorship issues
  • Evaluate PRPs for financial viability and alleged “Ability-to-Pay” issues

Contribution/Allocation Services

  • Analyze operational chronology, prepare site history and “Mass balance” analyses to assess potential liability and/or contribution
  • Compile existing “waste-in” information
  • Analyze allocation equity factors
  • Provide allocation support and contribution analysis based on varying relevant factors, including facility operational histories, volumetric “waste-in” data, constituents related to cost drivers, toxicity, site divisibility/allocability, and other relevant factors

Settlement Support

  • Prepare PRP evidence packages
  • Administer cash-out and other settlement programs