Beede Waste Oil Update - 11/16/05

On November 16th over 30 NESSARA members and nonmembers met with several lawyers close to the ongoing enforcement activities at the site.  This was a very informative session.  Many questions were answered and we are grateful for the time, opinions and insight that they shared with our Members.  We still have questions but the meeting did yield some critical pieces of information.

• There will likely be another offer from the EPA to the remaining de minimis PRPs after a clean up plan is agreed to by the major PRPs.  January 9, 2006 is the deadline for that plan and it may take more time to reach a final cash out price.  Until then we will have to wait. 

• Try to get your insurance company to pay for the costs.  All the lawyers agreed that this option that should be explored to its fullest.  Even if you have little or no paperwork there are options.  We urge you to contact a knowledgeable lawyer for help.

• We could fight this is court but it would require thousands of dollars and the prospects of winning are very low.  Many others have tried and most have lost.

• The EPA will not negotiate with an owner.  Disputes over manifest records, etc will not be heard.

• Hiding behind an LLC or a trust will not protect you.  It is very likely that the EPA will place a lien on your assets.

• The Major PRP Lawyers are not working for us (de minimis parties).  Their goal is to reach the best deal for their clients.  That may mean that the final offer for the de minimis group will rise even higher.

• There could be more trouble once the actual clean up begins.  If the EPA finds more pollution they could assess more fines to those that have not settled.

For help with insurance issues please contact either:

 

Arthur Kreiger, Esq Anderson & Kreiger Cambridge, MA  617-252-6575

Matthew Caffrey, Esq Caffrey & Smith Lawrence, MA  978-686-6151