EPI has supported both defendants and plaintiffs during legal actions. These actions have included private rights of action for contribution against private parties, support and defense of insurance claims, assistance with settlement negotiations and cost sharing agreements, and support of consent decree negotiations. We pride ourselves in being able to convey complex technical points in ways that are easy to understand, and in our ability to grasp the nuances of the arguments that an attorney must make to prevail in a legal case.

We have been most successful in situations where we have been brought in early and have been able to work with our client’s attorneys throughout the formulation of their legal strategy. This allows us to bring our experience to bear and provide open and honest opinions on what may or may not be persuasive for either side, to analyze the strengths and weaknesses of each side, to propose additional alternatives early in the process, and to assist attorneys in formulating lines of questioning.

This open approach has allowed us to help many clients develop legal strategies that have resulted in favorable outcomes. Since environmental claims often hinge upon the data and its interpretation, bringing EPI into a case early in the process has often allowed litigation to be avoided by providing the client and counsel with a realistic understanding of the technical aspects of an environmental claim.

The following are examples of cases where EPI has provided support during litigation, pre-litigation, and negotiations under the threat of litigation.

Project #1: EPI supported a defendant in an insurance claim for the release of petroleum hydrocarbons at two properties under an old general liability insurance policy. Our client’s legal exposure for this claim exceeded $4 million. EPI was able to identify technical weaknesses in the plaintiff’s claim and to generate additional data that strongly supported our client’s position. This information assisted in settlement of the claim for $750,000.

Project #2: EPI supported the defendant against a claim by a subsequent property owner for claimed costs in excess of $2 million. EPI’s client was the historical owner/ operator, but had not sold the property to the plaintiff. EPI’s efforts assisted counsel for the defendant in obtaining a favorable confidential settlement.

Project #3: EPI assisted its client in defense of a claim against a commercial general liability policy which pre-dated the absolute pollution exclusion. EPI was able to demonstrate that contaminant releases occurred after the policy period.

Project #4: EPI assisted and continues to assist this client in evaluating the veracity of claims against historic homeowner’s policies for home heating oil releases. These cases are evaluated both on the basis of date of release relative to the policy period and relative to third party impacts.