San Diego partner Kristin Reyna authored the published article “The Importance of Understanding Where Historical Chemical Handling and Disposal Practices and Scientific Knowledge Meet” in the July 2012 edition of the American Bar Association’s Superfund and Natural Resource Damages Litigation Committee Newsletter.
In the article, Ms. Reyna explains how understanding the chemical handling and disposal practices used at a contaminated site can benefit attorneys in determining whether to settle or litigate a CERCLA liability claim. Equally important is understanding the state of scientific knowledge regarding the chemicals at issue at the time of chemical usage and disposal. As she further explains, having this knowledge as early on as possible in the process is important because these factors can play directly into how much your client, and others, should be allocated for the site cleanup. They could provide your client with critical ammunition to argue for a lower percentage allocation to the government pre-litigation, or in making the decision to take the claim to court instead of accepting an unfavorable allocation of responsibility from the government.
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