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Environmental Mediation & Allocation

Practices

Environmental Mediation & Allocation

Environmental disputes are uniquely complex. They often involve multiple parties including regulators, technical questions that turn on science and engineering, high financial exposure, and reputational stakes. Our Environmental Mediation Service team is designed to resolve these matters efficiently—minimizing cost, accelerating certainty, and preserving business relationships—by combining deep subject‑matter knowledge with proven dispute resolution techniques.

What Sets Our Mediation Approach Apart

We pair sophisticated environmental acumen with practical, business-focused solutions. Our mediation and allocation services are designed to deliver efficient, results-oriented outcomes without the drawn-out processes that often characterize complex environmental disputes. Our goal is straightforward: to achieve practical settlements that align with both legal requirements and the business objectives of the parties involved.

With decades of combined experience, our team understands the expectations and priorities of regulators, as well as the dynamics of the judicial system. This insight allows us to guide parties toward resolution with clarity, credibility, and a focus on what matters most—moving forward.

Engagement Models

We offer flexible engagement structures to match dispute posture and complexity. For defined scoping and early‑neutral evaluation, we use fixed fees to deliver rapid, actionable assessments. For full‑scale mediation, we employ phased budgets calibrated to milestones such as data room readiness, caucus sequencing, allocation framework adoption, and term sheet execution.

A Measurable Difference

Our Environmental Mediation Service delivers outcomes that matter: accelerated cleanup, controlled spend, predictable governance, and resolutions that withstand scrutiny from regulators, courts, and communities. With Heidi as lead mediator, parties gain a steady hand, uncommon creativity, and the credibility that comes from decades of high‑stakes environmental work.

Our team is experienced in structuring and leading complex, multi-party negotiations involving private parties, government agencies and other stakeholders. We focus on developing clear frameworks for information sharing, allocation methodologies and implementation mechanisms, helping parties reach durable agreements that can be executed with confidence and withstand regulatory and judicial scrutiny.

  • Resolved creek remediation cost recovery and CERCLA claims across 15 parties, a bankruptcy trust and EPA
  • Finalized a year‑long mediation among PRPs, municipalities, and owners by identifying a linchpin solution to move a Washington State site forward
  • Created site‑specific escrow and approval regimes to unlock project oversight stalemates
  • Negotiated first‑of‑their‑kind reimbursement mechanisms with EPA
  • Combined a joint Remedial Action and NRD Consent Decree to align multiple trustees and agencies in a single, implementable instrument

We start with a focused scoping phase to map parties, regulators, decision makers, and constraints. Working with counsel and technical consultants, we identify the minimum critical dataset to frame issues and align on objectives. From there, we design a mediation plan:

  • Issue Framing and Data Protocols:
    Define what information will be shared, when, and how it may be used, with built‑in protections to foster candor.
  • Allocation Architecture: Establish a principled, transparent approach to allocation that accounts for contribution, identification of major risk factors and inclusion of equitable factors.
  • Implementation Pathways:
    Develop governance structures – e.g., site‑specific escrows, work approval processes, and independent cost oversight – that give all parties confidence in execution.
  • Regulatory Integration: Coordinate with agency case teams to ensure the mediated outcome fits within statutory frameworks and consent mechanisms, reducing rework and approval lag.
  • Closure and Monitoring: Translate agreement in principle into durable, enforceable documents, with defined metrics and dispute‑avoidance mechanisms for post‑settlement performance.