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Environmental Mediation & Allocation

Practices

Environmental Mediation & Allocation

Our team is experienced in structuring and leading complex, multi-party negotiations involving private parties, government agencies and other stakeholders. We focus on developing clear frameworks for information sharing, allocation methodologies and implementation mechanisms, helping parties reach durable agreements that can be executed with confidence and withstand regulatory and judicial scrutiny.

  • Resolved creek remediation cost recovery and CERCLA claims across 15 parties, a bankruptcy trust and EPA
  • Finalized a year‑long mediation among PRPs, municipalities, and owners by identifying a linchpin solution to move a Washington State site forward
  • Created site‑specific escrow and approval regimes to unlock project oversight stalemates
  • Negotiated first‑of‑their‑kind reimbursement mechanisms with EPA
  • Combined a joint Remedial Action and NRD Consent Decree to align multiple trustees and agencies in a single, implementable instrument

Leader

We start with a focused scoping phase to map parties, regulators, decision makers, and constraints. Working with counsel and technical consultants, we identify the minimum critical dataset to frame issues and align on objectives. From there, we design a mediation plan:

  • Issue Framing and Data Protocols:
    Define what information will be shared, when, and how it may be used, with built‑in protections to foster candor.
  • Allocation Architecture: Establish a principled, transparent approach to allocation that accounts for contribution, identification of major risk factors and inclusion of equitable factors.
  • Implementation Pathways:
    Develop governance structures – e.g., site‑specific escrows, work approval processes, and independent cost oversight – that give all parties confidence in execution.
  • Regulatory Integration: Coordinate with agency case teams to ensure the mediated outcome fits within statutory frameworks and consent mechanisms, reducing rework and approval lag.
  • Closure and Monitoring: Translate agreement in principle into durable, enforceable documents, with defined metrics and dispute‑avoidance mechanisms for post‑settlement performance.