Minimizing The Financial Impact Of Environmental Cleanup In Cost Recovery Actions
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.
The Liability Of The 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.
Understanding 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:
- A leaking underground storage tank
- Oil spills or gas leaks
- Improper hazardous waste disposal
- Contaminated fill material uncovered during a building project
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, of New York City, to discuss cost recovery actions with an experienced attorney by calling 646-733-4487.