By Jamie Dameron, Bamberger Foreman Oswald & Hahn LLP
It was great to see so many section members at our April 27, 2016 CLE "Environmental Forensics and the Law: Solving a Contaminated Property Whodunit". Our presenters discussed recent case law and forensic methodology used to apportion/allocate liability in environmental disputes concerning contaminated properties. Real world examples were discussed and examined.
Using environmental forensics to prove the divisibility exception to joint and several liability under CERCLA or demonstrate a basis for equitable allocation under CERCLA or Indiana's ELA statute can significantly reduce a client’s liability or responsibility for cleanup obligations under these laws. Applying forensic data and methodology in relation to an impacted site can potentially answer critical questions about sources, relative timing and contaminant types. For example, if stable isotopes are not part of the conversation with your experts, you could be missing an important piece of evidence on cleanup responsibility and allocation.
If you missed it, consider tracking down an attendee or speaker to find out the many ways forensics data could help with your liability questions that may at first seem unanswerable.
We hope you will join us at the track on May 20 for our next CLE and social. A limited number of single use garage passes are assigned in the order of registration! Register for the event here.
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