National Contingency Plan (NCP) Consistency

For the past 25 years, consultants at Gnarus Advisors LLC (Gnarus) have provided expert analysis and testimony for Superfund cost recovery cases all across the nation for both plaintiffs and defendants. We have assembled one of the preeminent NCP consistency practices.

In Superfund litigation, NCP inconsistency is an affirmative defense to costs.  Our experiences include support to clients in cases involving private parties as both plaintiffs and defendants, cases where our clients are private parties seeking cost recovery against the U.S. Government, and cases for both private and public water companies seeking recovery of response costs from industrial and commercial parties.

One such case was for a complex owned and operated by the U.S. Government in the 1940s for the production of a critical World War II material. Through a series of transactions in the 1950s the property came to be owned by various private industrial companies.

Our client was required to remediate a significant area of contamination related to the former complex at a cost exceeding $20 million. The case involved an action to recover a portion of the response costs from the U.S. Government. Our analysis and testimony provided a successful and key element for the cost recovery action and included an evaluation of the necessity and consistency of our client’s costs and response actions under the provisions of the NCP and also included a successful evaluation of the reasonableness of costs incurred by our client.