Roux Complimentary Published Article

Allocating Cleanup Costs Among
Potentially Responsible Parties

Written by Mark W. Schneider of Perkins Coie, LLP, and Roux's Neil M. Ram, Chase A. Gerbig, Nancy Nevins, and Adam H. Love

Allocating costs for hazardous waste site cleanup among potentially responsible parties is unique to the specific circumstances, history, and data for the site. As such, distinct technical approaches are often needed considering the Gore and Torres factors to develop an overall allocation. These factors include both technical and nontechnical considerations that the trier of fact must weigh to arrive at the overall allocation. This article reviews the legal and technical framework in allocating cleanup costs at hazardous waste sites and presents several case histories illustrating the integration of fact, science, and law in the final allocation.