Minimizing the financial impact of environmental cleanup

When pollution or contamination is discovered on a commercial property, the current property owner is primarily responsible for cleanup. Property owners must typically first investigate all causes and sources of contamination, fully delineate the scope of the contamination in a report, and pay for a cleanup effort. The city, state, or federal government will not volunteer to pay to repair environmental damage to property privately held by a business, corporation, or individual, though it may do so if the owner refuses, in which case the government will sue to recover its costs.

Liability of Responsible Party

Investigations often reveal that the pollution of a property occurred years, even decades in the past, and current owners of the contaminated land or buildings did nothing to cause it. If a previous property owner is responsible for causing all or part of the environmental contamination on your commercial property, and failed to disclose it as a matter of due diligence during the sale of the property, Periconi, LLC will work to hold these culpable parties (or their insurance companies) liable. Contact the experienced environmental lawyers of Periconi, LLC to discuss the possibility of bringing a cost recovery action or contribution action. Remedies are, depending on many factors, available in federal or state courts.

Cost Recovery Action and Contribution Action Goals

The goal of a Cost Recovery Action is to recoup all of the investigation and cleanup costs from each party responsible for the environmental mess, typically, one or more prior owners or adjoining property owners.

A Contribution Action makes each responsible party liable for a percentage of the cleanup costs, fairly allocating those costs where possible, and lessening the financial impact of the environmental cleanup effort on the current owner.

Pre-existing environmental hazards that may be eligible for cost recovery actions include:

If your corporation, small business, or real estate development firm faces a substantial cleanup effort to correct pollution levels on a property that was recently purchased, contact Periconi, LLC to discuss cost recovery actions.