Settlement of a Massachusetts Chapter 21E Case

In November 2011, our attorneys settled a Massachusetts Chapter 21E (CERCLA equivalent) case that had been ongoing since the mid-1980s. The US Environmental Protection Agency first investigated the Massachusetts site in the 1980s and compelled our client to undertake a drum removal and other mitigation along with another, now bankrupt, potentially responsible party (PRP) in 1987. Our client, which had only sent small amounts of wastes to the site in the 1960s, successfully convinced the mediator and the other parties of the applicability and strength of its "divisibility of harm" defense under CERCLA.
Posted on November 30, 2011