Alexander Farms Cost Recovery

In 2002, the Department of Justice filed a Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against Dan and Harriet Alexander (the Alexanders) to recover costs incurred during a time-critical removal action of a pesticide at the Grandview South Hop Ranch during 1998 and 1999. In response, the Alexanders filed third-party claims against CET Environmental Services, Inc. and Ecology & Environment, Inc., contractors hired by the U.S. Environmental Protection Agency (USEPA) to perform the actual remedial work, and DOW Chemical Company, a manufacturer of dinoseb and dinoseb-based pesticide formulations, to recover costs associated with the cleanup under the Model Toxics Control Act (MTCA). Dow Chemical, to defend against these claims, hired the local law firm of Gordon Thomas Honeywell, who recommended to Dow Chemical that it hire Floyd|Snider as the environmental consultant in this claim.

In 1999, the USEPA, in an emergency response action to prevent spreading of the groundwater plume, excavated over 12,800 tons of contaminated soil from the operational headquarters. Floyd|Snider was asked to review the site data and come up with an expert opinion regarding whether the proper use of Dinoseb (according to its label) could have caused the resulting contamination at this site. After careful review and analysis of a large volume of site data, it was Floyd|Snider's opinion that agronomic use according to label instructions did not result in a release that did or could produce the extent of dinoseb contamination that required removal action at the site. It was further opined that negligent practices and uses and/or practices in violation of the label or other applicable laws, could easily result in the pattern of contamination that required removal action.

As a result of Floyd|Snider's detailed and correct analysis, the Alexanders, in a mediation, settled this matter with Dow Chemical by releasing all claims and paying Dow their attorney and consultant fees.


Services

  • CERCLA
  • Cost Recovery