Operating Port Site

A Farallon Principal provided Expert Opinion and Rebuttal Opinions for litigation associated with cost recovery for investigation and cleanup of soil and groundwater at a former wood-treating facility located on the property of an operating port.  The port (the current site owner and operator) and the former operator sued a former customer as an “arranger” for costs associated with the investigation and cleanup of creosote, pentachlorophenol, and Chemonite (ammoniacal zinc copper arsenite).  The cleanup action was conducted concurrently with redevelopment of the site as an intermodal container yard.  Farallon characterized the costs submitted by the port as business expenses, site development costs, or operational costs, as opposed to remedial action costs reasonable and necessary for investigation or cleanup of the site.  The investigation and cleanup activities were conducted under EPA oversight pursuant to federal law.  Farallon provided deposition and prepared for trial.  The case was settled the night before trial was to begin.