Has your company paid out hundreds of thousands or millions of dollars to remediate environmentally contaminated properties? If your facility was in operation during World War II and producing war-related materials or equipment, it may be possible to recoup some of these costs plus interest from the Federal Government. Seem to good to be true? Its not - read on....
Since the enactment of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") in 1980, industry has spent hundreds of millions of dollars remediating environmentally contaminated facilities, some of which remain in operation, others having long since been abandoned. CERCLA, with its retroactive, joint and several liability standard, provides industry with the opportunity to recover these vast expenditures from others who may have owned or operated these facilities, or may have contributed to their contamination.
The United States bears a tremendous potential liability for these cleanup costs by virtue of its direct ownership and operation of countless industrial facilities in support of the United States’ wartime activities during World War II. For example, in the days immediately prior to World War II, the War Department recognized that industry was not capable of supporting the anticipated needs of national defense. In order to address this deficiency, Congress established a number of publicly-funded corporations to act in close cooperation with the logistical officers of the War Department to locate and construct the manufacturing facilities and provide production equipment needed to support the war effort. Through these corporations, the United States financed and obtained ownership interests in more than 2,000 plants located across the country.
Your Company may be in a position to recover a significant portion of its environmental remediation costs from the Federal Government by virtue of the United States’ role as an "owner," "operator," or "arranger" at war-era facilities. It is our understanding and experience that, upon the presentation of a thorough and well-defined cost recovery claim, the Department of Justice will often recognize and resolve the United States’ potential liability short of litigation.
Please contact Michael Rumrill at (585) 248-2413 to discuss Leader's Environmental Cost Recovery Services and how they may help put some money back into your company's coffers.