Environmental Remediation Cost Recovery

Environmental Remediation Cost Recovery in Florida

Environmental remediation cost recovery is the legal process of recovering cleanup expenses from parties responsible for contaminating real property. Both federal (CERCLA) and Florida law (Chapter 376, Florida Statutes) provide mechanisms for pursuing responsible parties for reimbursement.

Legal Basis for Cost Recovery

• CERCLA Section 107: Allows any party that incurs response costs to recover from potentially responsible parties
• CERCLA Section 113: Provides for contribution among responsible parties
• Florida Chapter 376: Authorizes FDEP and private parties to recover cleanup costs under state law
• Common law: Negligence, trespass, nuisance, and strict liability claims may support cost recovery

Potentially Responsible Parties

• Prior property owners during whose ownership contamination occurred
• Operators of facilities that generated or released hazardous substances
• Waste generators and transporters
• Successor corporations and dissolved entities

Requirements for Recovery

• Cleanup costs must be necessary and reasonable
• For CERCLA claims, costs must be consistent with the National Contingency Plan
• The pursuing party must identify and prove the liability of the responsible parties
• All costs must be properly documented with invoices, contracts, and completion reports

Related Terms

• Environmental Site Assessment — The investigation that identifies contamination and responsible parties
• Environmental Lien — Liens securing cleanup cost obligations
• Encumbrance — Cleanup obligations encumber property title

Barnes Walker Environmental Litigation

Barnes Walker's attorneys pursue and defend environmental cost recovery claims for Florida property owners, developers, and businesses. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC