Rethinking the Steps for Effective Identification of Third Parties at Sediment Sites
Russell Selman, Partner, Schiff Hardin
Sediment sites challenge utilities to engage in aggressive measures to ensure that ratepayers achieve fair cost recovery from the many responsible parties who may be overlooked. Typical sediment site remedial costs range well above those at MGPs—usually in the 100s of millions of dollars. Sediment sites require that utilities examine the many sources of contaminants from other manufacturers co-located at the sediment site and who operated similar and often dependent industries. The similarity of wastes among multiple parties and the ancientness of these co-located operations requires thoughtful evaluation to achieve fair parity among the responsible parties. This presentation explains the steps necessary to develop the difficult proof at multiparty sediment sites.
Russ represents utilities at the largest sediment sites in the Nation. He began his career at the US EPA where is was lead attorney for Superfund enforcement policy in the Office of General Counsel, Washington, DC. He is an archeology buff and enjoys reviewing 150 year old documents to figure out who are the responsible parties at sediment sites.