Question

Apportioning in environment damage liability allocation

Answer 1

Contaminated sites are technically complex to investigate and remediate. Where multiple potentially responsible parties (PRPs) are involved, they also present unique challenges regarding the determination of the degree of responsibility of each PRP. Under CERCLA and many state-equivalent statutes, the courts have held that liability is both joint and several. However, joint and several does not mean that all PRPs have equal shares of liability. Sophisticated clients now rely on the use of many technical tools available to determine their share of liability — whether that relates to remediation costs, natural resource damages, or other liabilities where exposure to contamination is a main driver.