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Fields Brook Environmental Cost and Liability Allocation
Ashtabula, Ohio

Environmental Cost and Liability Allocation, Ashtabula, Ohio Client: Andrews Kurth

Hull partnered with the law firm of Andrews Kurth to assist the firm in its representation of a potentially responsible party (PRP) to the Fields Brook U.S. EPA Superfund site located in Ashtabula, Ohio in a civil action brought about by another Fields Brook PRP.

In its role on this project, Hull was asked to:

• Perform an extensive review of documents, files, reports and records (public and private) relating to the Fields Brook Superfund Site, Ashtabula River and Ashtabula Harbor;
• Develop and maintain an inventory of all documents, records and files with particular focus on the circumstances under which Superfund site deliverables were performed, including time frame, contractor, regulatory program or driver and cost;
• Differentiate costs expended and/or incurred by various PRPs subject to categorization of these costs into the regulatory programs under which they were incurred, including:
  • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);
  • Resources Conservation and Recovery Act (RCRA);
  • Toxic Substances Control Act (TSCA)
  • Great Lakes Legacy Act (GLLA); and
  • Water Resources Development Act (WRDA).
• Develop an expert opinion and prepare an expert report detailing the findings of the document analysis and specifying Hull's expert opinion on environmental liability and cost allocation with respect to the Fields Brook Superfund site.

Based in large part on the work conducted by Hull, the law firm of Andrews Kurth was able to negotiate a settlement on behalf of its client prior to the matter being adjudicated in a formal court proceeding.

To find out how Hull can help, please contact Hull's Environmental Market Leader,William Rish, Ph.D. at (614) 793-8777.