Fairness in Superfund Allocation Part 2a

05/09/22 • 23 min

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.

Previous Episode

“Fairness” in Superfund Allocation Matters, Part 1

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a discussion of how Superfund allocation problems are resolved and what is meant by “fairness” in them. The conversation is in the context of allocation disputes under the federal Superfund statute – the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

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‘Fairness’ in Superfund Allocation Matters, Part 2B

In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations, they discuss fault and when it may trump cost causation, “transactional fairness,” use of contracts experts, cooperation, and recalcitrance.