• Mediation and Arbitration Services

Thirty years of experience resolving environmental disputes;

Member, National Roster of Environmental Dispute Resolution and Consensus Building Professionals, U.S. Institute of Environmental Conflict Resolution;

Assist in resolution of environmental, commercial and property use disputes;

Specialize in allocation of responsibility for Superfund and environmental cleanup liabilities, as mediator, third party neutral, allocation consultant or special master.

• Outstanding Superfund Allocation Results 

Have achieved greater than 90 percent participation in all allocation processes conducted as neutral, as government attorney or as private counsel.

Developed allocations which were approved by two Circuit Courts of Appeal (Cannons Engineering Superfund Sites, MA and NH; Caldwell Trucking Superfund Site, NJ).

• Lower Fox River Superfund Site  

Worked with multidisciplinary panel of technical experts for private client on Lower Fox River Superfund Site to develop a remedial plan that integrated CERCLA remedial and natural resource damages concerns into a single approach intended as an alternative to EPA's remedy and as a basis for allocation and settlement.

• Fike/Artel Superfund Site

Served as neutral Allocation Consultant and mediator at the Fike/Artel Superfund Site in West Virginia, a former World War I chemical munitions plant at which subsequent chemical manufacturing, reclamation and disposal was allegedly conducted;

Settlement process included 20 mediations seeking individual de minimis settlements, development of allocation methodology and preparation of final allocation report which led to a comprehensive allocation agreement among the PRPs, including for the United States-as-defendant through its operation of WWI munitions plant.

• Other Complex Superfund Allocations

Cannons Engineering Sites, MA and NH: Developed pioneering (EPA gold medal winning) case management plan for case involving incinerator and three midnight dumping sites with 600 PRPs; developed allocation concept, database, settlement plan; developed first-in-nation multi-party de minimis cash-out settlements using innovative cost estimation techniques to settle sites at which RIFSs were not complete.

Pine Street Barge Canal Site, VT: Guided unsophisticated property owners whose liability arose from contamination at adjoining manufactured gas plant through allocation process leading to internal settlement; negotiated settlement on behalf of landowners to allocate costs between landowners and MGP plant operators.

Blosenski Landfill Site, PA: Developed allocation for municipal and industrial waste landfill; allocation enabled PRPs to negotiate successful RD/RA settlement.

Caldwell Trucking Site, NJ: Developed allocation expert report and testified concerning allocations for settling and non-settling parties in light of allocation agreement previously reached among settling parties; allocation opinion adopted by District Court (court viewed my testimony to be “particularly knowledgeable and candid,” adopted my allocation as “an equitable and fair allocation”) and upheld by 3rd Circuit.

York Oil Site, NY: Guided lesser-involved PRPs in developing allocation plan to reach settlement with major PRP and US agency defendants (35% share); allocation agreement provided unchallenged basis for RIFS ACO, Consent Decree settling OU1 and OU2 pay-as-you-go and cash-out settlers, and for third- and fourth-party litigation.

PJP Landfill Site, NJ: Developed allocation for approximately 80 PRPs at solid and industrial waste landfill during active discovery; allocation achieved more than 90 percent participation and enabled PRPs to negotiate successful RD/RA settlement.

Silresim Chemical Site, MA: Developed and negotiated allocation agreement and settlement with 300 PRPs at chemical recycling facility; first-known settlement with bank mortgage-holder of site property.

Keefe Environmental Services Site, NH: Managed EPA Region 1’s first large multi-party Superfund site; negotiated allocation agreement and settlement with 150 PRPs including federal and state agencies at chemical waste lagoon facility.

• DuPont War Plant Litigation

Served as mediator in litigation brought by E.I. duPont against the United States seeking costs incurred in environmental cleanup of 15 World War II and Korean War manufacturing plants.  

• Partnering with CLF Ventures, Inc. 

Served as Senior Counsel to CLF Ventures, Inc., the non-profit affiliate of Conservation Law Foundation, assisting in projects involving project risk management, regulatory and permitting strategies, stakeholder interest alignment, issue closure and impasse resolution, e.g., assistance in decommissioning, site closure and beneficial re-use project for Yankee Rowe nuclear power plant.

• Link to Statement of Qualifications: ADR & Liability Allocation Services.