In a recent Law360 article, Ed Cohen, TC partner and mediator at Miles Mediation & Arbitration, shares his insights on the uncertainty stemming from the U.S. Environmental Protection Agency’s proposed significant changes to environmental regulations. This volatile regulatory landscape is likely to fuel an increase in environmental disputes. The article explores crucial considerations for handling these conflicts, including understanding the fundamental facts, claims, potential defenses, and the possibility of reaching a conclusive resolution.
Ed wrote, “Just as with nonenvironmental cases, the environmental litigator needs to know what is being claimed. Relatedly, what is the basis of liability – owner, operator, arranger, transporter or another statutory basis?”
He further underscores the importance of considering financial responsibility, stating that while “insurance, indemnity and contribution in the environmental context are each the subject of countless articles if not treatises… These topics are combined here solely to remind the litigator to consider whether there are any options for getting some other entity to pay or help pay for a client’s anticipated costs and expenses.”
Click here to read the full article.
