Wood-Treating Facility

Farallon provided Expert Opinion, including an Expert Report and Rebuttal Report, for litigation associated with cost recovery for investigation and cleanup of sediments adjacent to a former wood-treating facility located on port property.  The former operator was in litigation with a former customer to recover costs for the investigation and cleanup of over 50 acres of marine sediments contaminated with polyaromatic hydrocarbons, polychlorinated biphenyls, pentachlorophenol, and mercury.  The source of the contamination was attributed to permitted discharges of wastewater and stormwater from the wood-treating facility and from urban runoff associated with stormwater discharge from the area.   Farallon evaluated the technical data to identify potential  sources  of  the contamination, and costs associated  with  the  investigation  and cleanup to determine an allocation of costs attributable to the former customer as a Potentially Responsible Party under the Comprehensive Environmental Response, Compensation, and Liability Act “arranger” liability.  The case was settled out of court.