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Superfund Site Management to Control Costs

Superfund Site Management to Control Costs

Norman W. Bernstein of N.W. Bernstein & Associates, LLC, has played a major role in the Superfund program since its beginnings in the early 1980s, and has lead various PRP groups at sites around the country.

Our firm's experience in cost effective management of Superfund site cleanups and our unique fixed price contracting structure coupled with structured competitive bidding can reduce site cleanup costs. Examples include: site "x" contractor required to repeat DNAPL chemical oxidation several times at its own expense to achieve contractually agreed cleanup levels, site "y" contract form resulted in a large recovery from a contractor's insurance carrier after failure to achieve contractually agreed cleanup levels. Contract price levels are also kept down by carefully structured competitive bidding. The combination of structured competitive bidding, a tight fixed price contract and day to day enforcement helps to control costs.

When necessary, Mr. Bernstein has successfully persuaded regulatory agencies to accept cost effective changes to established remedies that are still adequately protective of the environment. At site "y" EPA was persuaded to issue an explanation of significant differences (ESD) which the agency accepted the remedy change advocated by Mr. Bernstein and agreed that it reflected a cost savings to the potentially responsible parties of more than $2 million. At that same site after competitive bidding produced a slightly higher price than we had expected, we worked quickly with our own environmental engineers to pinpoint the source of the problem and then persuaded EPA to a allow a design revision to eliminate one of three large (150,000 gallon) waster water handling tanks, and associated piping and treatment plant upgrades, thereby saving clients about another $150,000.

Existing clients and other parties interested in the firm's Superfund site-management partial-contingency-fee arrangements (the more you save, the more we earn) or its Superfund-site contract structures to shift risk, and competitive bid structures to reduce costs, are encouraged to contact the law firm to discuss Superfund litigation, site management, risk management, and related issues.

Firm News & Articles

For Norm Bernstein's views on the CERCLA 107/113 issue as expressed in the "Voluntary vs. Compelled Cleanup" section of the recent Bloomberg BNA article (p. 2) titled "Finding the Divide Between CERCLA Cost Recovery and Contribution Actions," click here. Reproduced with permission from Toxics Law Reporter, 30 TXLR 235 (March 5, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) < http://www.bna.com>

On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. For the front page article in Bloomberg's Toxics Law Reporter, click here. For the Seventh Circuit's decision, click here.

Office Location

N.W. Bernstein & Associates, LLC
800 Westchester Avenue
Suite N319
Rye Brook, NY 10573-1361

Telephone: 914.358.3500
Fax: 914.701.0707

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