Matt Low has been an arbitrator and mediator in some of the largest and most controversial Superfund matters that have been settled. He also has served as a settlement counselor – assisting clients in developing reasonable and objective settlement options that have led to numerous settlements. Finally, in limited instances, he has offered expert allocation testimony in federal courts.
SELECTED ALLOCATION AND COST RECOVERY ARBITRATION, MEDIATION, SETLEMENT COUNSELING AND EXPERT ASSIGNMENTS
ARBITRATION AND MEDIATION ASSIGNMENTS SUPPORTING COURT-SPONSORED SETTLEMENT EFFORTS
Fields Brook Superfund Site, Ashtabula, Ohio
Designated arbitrator in Case Management Order to conduct fact-finding and recommend allocation regarding 5.4 square mile watershed in highly industrialized area. Contaminated sediment in stream running through area requires remediation. Allocation of costs for 20 million dollar remedial investigation, source control identification and remedial design. Analyzed technical investigation and remedial action reports and conducted extensive fact-finding, including taking of 60 depositions and 20 plant inspections. Conducted two week arbitration hearing. Case included two World War II Facilities. Final Recommendation accepted unanimously.
Ludlow Landfill, New York
Designated allocator pursuant to Case Management Order. Issued allocation recommendation for 400 fourth-party defendants for purposes of settlement. Over 98% of parties settled based on our recommendation.
Arrowhead Refinery Superfund Site, Duluth, Minnesota
Pursuant to Case Management Order, issued non-binding allocation recommendation for 200 parties involved in litigation over cleanup of oil rerefining site. Presented allocation assumptions to Court and they were endorsed by magistrate. Issues involved treatment of owner/operators, treatment of largest party whose used oil contribution was well documented, petroleum exclusion, analysis of the way different waste oils were processed on the site for incorporation in the allocation, water content, and toxicity. Allocation recommendation was the basis of settlement.
Caldwell Trucking Superfund Site, New Jersey
Designated allocator under Case Management order in case involving groundwater contamination stemming from operations of septic waste treatment facility and adjacent manufacturing operations. Engaged in arbitration and mediation of 12 separate contractual indemnification, release or successor-in-interest disputes. Chair of deposition committee for the fact-finding component under the CMO. Analyzed technical investigation and remedial action reports. Technical issues include assessment of expert opinions of four groundwater experts, and resolution of successor-in-interest disputes for a number of parties. Under CMO, authorized to resolve all procedural disputes. Case involves allocation for over 120 parties. Final allocation report issued in September, 1998, and has served as basis for settlement of EPA past cost and contribution claims. Case has settled with the exception one successor-in-interest issue.
Berks Associates Superfund Site, Pennsylvania
Mediator and allocation consultant for group of 200 parties in oil reclamation site. Developed allocation process adopted by Judge in Case Management Order. Primary issue involved establishing waste volume hauled by 20 waste haulers through extensive interviews. Developed dispute resolution process pursuant to which parties could present challenges to me for consideration and recommendations. Issues involved analysis and resolution of disputes concerning petroleum exclusion, used and useful product distinctions, treatment of different wastes during different time frames, geographical differences in site use. Allocation analysis was basis for settlement.
Warwick Landfill Superfund Site, New York
Mediator -- Allocation expert for group of contribution plaintiffs involved in litigation over landfill allocation. Presented preliminary allocation framework to Special Magistrate, Honorable Harold Tyler, designated by Court to address discovery and settlement. Requested by Judge Tyler to draft allocation recommendation for all parties, including defendants. Served with Judge Tyler as co-mediator, successfully bringing parties to a settlement.
Metcoa Superfund Site, Pennsylvania
Mediator and allocation consultant for a group of 200 plus parties involved in cost recovery litigation over remediation of metals recycling facility. Analyzed technical investigation and remedial action reports. Performed technical and legal analysis and developed settlement process framework. Pursuant to court embraced settlement process, developed dispute resolution process for parties to present challenges to me for consideration and recommendations. Helped manage six days of challenge deliberations by Allocation Committee, addressing approximately 100 disputes. Served as mediator to address 7 contractual indemnification and release disputes as part of comprehensive multi-party settlement negotiations. Allocation analysis dispute resolution process and mediation were basis for settlement. Serve as allocation expert to group in contribution action against recalcitrant parties.
ASSIGNMENTS UNDER EPA ALLOCATION PILOT PROGRAM
Peerless Industrial Paint Coating Superfund Site, Missouri
Allocator and mediator in EPA Allocation Pilot Project for Industrial Paint Coatings Site. Case involved nomination of additional parties, fact-finding interviews with site operator, assessment of legal issues relating to used and useful products, mediation and issuance of allocation recommendation. Successfully mediated resolution of the case.
SELECTED ADDITIONAL ARBITRATION OR MEDIATION ASSIGNMENTS
Bofors Nobel Superfund Site, Michigan
Served as neutral allocator for group of ten parties linked as owner/operators or alleged tolling customers of a manufacturing complex consisting of dye, surfactant, herbicide and pesticide, and specialty chemical plants. Analyzed technical investigation and remedial action reports. Reviewed over 1,000 boxes of documents, conducted inspections 4 operating plants, and conducted six depositions in fact-finding effort. Allocation involved analysis of contractual relationships and arranger liability and factual analysis of chemicals released during various time periods in different processes. Two operable units on the plant site subject to a ROD for groundwater contamination. Allocation recommendation served as basis for settlement.
Hylebos Waterway Superfund Site, Tacoma, Washington
Neutral allocator on behalf of a PRP Group to conduct fact-gathering and issue non-binding allocation for about 100 parties operating manufacturing, logging, chemical treating, petroleum storage and other facilities along the Hylebos Waterway into Commencement Bay. Recommendations included opinion on recoverable Superfund costs. Analyzed technical investigation and remedial action reports. Conducted inspections of approximately 20 facilities and took over 30 depositions as part of fact-finding effort for allocation and cost recovery issues. Case includes two World War II facilities, including a major ship yard. Sediment in waterway requires remediation. Final Allocation Report issued May, 2000. Issued settlement recommendations for 30 of 33 allocation process participants that have been accepted by the parties and EPA.
Lightman Drum Yard Superfund Site, New Jersey
Neutral allocator and mediator for 27 parties involved in drum site – developed analysis that took into account different operating periods and different areas of the site, contents of drums, and transshipment issues. Conducted multiple mediation sessions that resulted in performing party and cash-out settlements.
Chemical Recovery Services Site, Ohio
Serve as allocator and mediator for group of 40+ parties linked to a solvent reclamation facility. Analyzed technical investigation and remedial action reports. Developed allocation process, analyzed evidence and party submissions and provided recommendations. Conducted two-day mediation that led to agreement on performing party allocation and cash-out offers to various parties.
USX/BFI Mediation
Successfully mediated dispute over legal impact of contractual release and indemnity provisions previously written into a prior settlement agreement.
Sartomer, West Chester, Pennsylvania
Developed allocation for four successive owner/operators of solvent chemical plant over 25 years. Conducted plant inspection and interviewed plant managers and operating personnel. Allocation involved determining areas of releases during different operating periods and linking releases to groundwater contamination that is being remedied. Parties settled.
Consolidated Iron and Steel, New York
Served as a allocation mediator for a group of five parties subject to a special notice letter from EPA in regard to a metals recycling site. Analyzed technical investigation and remedial action reports. Evaluated legal, technical and equitable arguments and mediated an agreement between the parties while at the same time negotiating with EPA on behalf of the parties to gain further concessions from EPA on the settlement.
High Point Landfill, New Jersey
Conducted extensive document review and issued preliminary allocation decisions regarding waste types and estimated volume. Requested by parties to serve as mediator between high volume and medium-to-low volume groups of parties, and also to help mediate within the medium-to-low volume group. Mediation resulted in comprehensive settlement involving all parties and NJDEP.
GEMS Landfill Superfund Site, New Jersey
Issued allocation recommendation for landfill remediation involving about 200 parties. Extensive information gathering and analysis. Issues involving transshipment by three major transporters. Development of assumptions for computing waste to site from transshippers. Analysis of degree of hazardousness of different waste types for incorporation into allocation scheme. Allocation adopted by the Generator Group.
Stickney/Tyler Landfills Superfund Sites, Ohio
Issued allocation recommendation for landfill remediation for a group of about 20 parties. Conducted site inspection of two landfills and engaged in extensive information gathering and analysis. Little documentation. Issues involved allocation for adjacent sites, owner/operator issues and disputes over effects of contractual indemnities, waivers and successor liability. Allocation was basis for settlement among group members, which was also joined by the primary site operator (which was not a participant in the allocation process). Additional parties (also non-participants) have settled based on recommendations.
Jones Industrial Services Landfill, New Jersey
Issued allocation recommendation for about 15 parties involved in mixed waste landfill. Issues involved interpretation of deposition evidence and records, analysis of site operations, analysis of different waste types, development of assumptions to fill in data gaps to compute waste volumes. Recommendation used by parties as a basis for allocation.
Shaffer Landfill Superfund Site, Massachusetts
Issued allocation recommendation for about 30 parties involved in mixed waste landfill. Issues involved interpretation of records to derive volumes and waste types. Conducted interviews of site owner/operators. Extensive dispute resolution process. Allocation used as a basis of negotiations that resulted in a settlement offer to EPA.
Norfolk Southern, Virginia
Mediator for two parties involved in cleanup of property leased by a metals reclamation company from a railroad. Settlement issues included effect of contractual lease provisions on liability. Clean up costs of $6 million dollars in issue. Over 4 days of mediation, parties reached agreement on cost allocation, releases, indemnification, certifications, and other issues that resulted in settlement.
South Andover Superfund Site, Minnesota
Mediator between 15 parties involved in mixed waste site involving transformer disposal and reclamation, metals reclamation, industrial waste disposal. Issues involved linkage of certain parties to different waste contaminants, analysis of 4 operable units and use by different operators. Mediation was successful and was basis for good faith offer to the Government.
Jadco-Hughes, South Carolina
Mediator between a group of generators and owner/operator of a chemical processing site. Issues involved analysis of respective operations of multiple owner/operators, impacts of partial site remediation. Parties reached settlement.
Global Landfill, New Jersey
Conducted extensive document review to identify PRPs, created waste-in database, and issued interim allocation recommendation for PRP Group that was basis of compliance with a state directive.
Port Refinery, Connecticut
Served as allocation consultant and successfully mediated settlement among various PRPs involved in mercury transactions with mercury processing facility.
Seaboard Chemical, North Carolina
Served as allocation consultant. Created database of incoming shipments and assisted PRP Group in resolving substantive disputes. Efforts resulted in site-wide settlement.
Galaxy Chemical, Maryland
Served as allocation consultant. Created database of incoming shipments. Managed cash-out process for Phase 1 pursuant to which over 400 parties cashed out. Assisted PRP Group in resolving substantive disputes.
Fisher Calo, Indiana
Served as allocation consultant. Created database of incoming shipments. Assisted PRP Group in resolving substantive issues. Analyzed technical investigation and remedial action reports. Conducted site inspection and multiple interviews with site operator as part of allocation process to address issues related to use of different facilities. Efforts resulted in site-wide settlement. Provided fact-witness deposition testimony in contribution action brought by settling PRPs.
Croton Point Landfill, New York
Served as a neutral allocator to assist parties in a reallocation of settlement proceeds for a Landfill in New York. Analyzed a significant body of relevant information and developed a proposed allocation that was accepted by the parties.
Ramapo Landfill, New York
Served as a neutral allocator to assist parties in allocating liability for a Landfill in New York and negotiating with the NY AG’s office. Analyzed a significant body of relevant information, developed a proposed allocation and mediated negotiations between and among group member. Also served as a negotiator on behalf of the group with the NY AG’s office. Achieved a settlement among the parties and between the parties and NY.
SETTLEMENT COUNSELING AND EXPERT WITNESS ASSIGNMENTS
Dow Chemical Multiple Sites
Serve as a settlement counselor to the Department of Justice to assist the parties in resolving government liabilities and allocation shares for a number of Dow facilities that were in operation during World War II. Conducted site inspections and analysis of two of Dow’s largest chemical plants. Case involves analysis of contracts between Dow and the U.S. as well as technical assessment of sources of contamination. Also involves opinion on NCP consistency, of Dow’s investigation and remediation efforts and recoverability of past and future costs. Analyzed technical investigation and remedial action reports. Presented allocation and cost recovery framework in mediation that was basis for settlement of claims with respect to Dow’s Freeport chemical plant. Claims with respect to other plants are pending.
GM Multiple WWII Sites
Serve as a settlement counselor to the Department of Justice to assist the parties in resolving government liabilities and allocation shares for a number of GM operated facilities that were in operation during World War II. Involved analysis of contracts between GM and the U.S. as well as technical assessment of sources of contamination. Also involved analysis of NCP consistency of GM’s investigation and remediation efforts and recoverability of past and future costs. Analyzed technical investigation and remedial action reports. Presented allocation and cost recovery framework in mediation that was basis for settlement.
Li Tungsten Superfund Site
Served as expert for the U.S. Attorney’s Office in New York in mini-trial before a mediator. Case involved tungsten manufacturing plant and associated waste processing areas. Analyzed technical investigation and remedial action reports. Presentation before mediator included allocation analysis and analysis of NCP consistency of costs incurred. Case settled.
Alcoa/Reynolds Multiple Sites
Served as a settlement counselor for the U.S Department of Justice in contribution action brought by Alcoa/Reynolds with respect to six aluminum manufacturing plants. Analyzed technical investigation and remedial action reports. Included allocation analysis and assessment of NCP consistency of claimed costs. Presented allocation and cost recovery framework in mediation that was basis for settlement.
Crane Corporation – Phoenix Airport Site
Served as settlement counselor for the U.S Department of Justice in contribution action brought by Crane Corporation with respect to an explosives manufacturing plant. Included allocation analysis and assessment of NCP consistency of claimed costs. Presented allocation and cost recovery framework in mediation that was basis for settlement.
Westinghouse – Blairsville Plant
Served as settlement counselor for the U.S Department of Justice in contribution action brought by Westinghouse with respect to a nuclear material processing plant. Analyzed technical investigation and remedial action reports. Included allocation analysis and assessment of NCP consistency of claimed costs. Presented allocation and cost recovery framework in mediation that was basis for settlement.
Cheswick Nuclear Processing Facility, Pennsylvania
Served as a settlement counselor in litigation involving U.S. involvement in nuclear material licensing and processing at the Cheswick Facility. Prepared allocation framework that led to settlement of case.
ZRZ Realty Site
Served as an allocation consultant and settlement counselor for the Department of Justice, Navy and Maritime Commission in contribution case involving groundwater, sediment and soil contamination stemming from World War II shipbuilding operations and post-war ship dismantling, barge building and metals scrapping operations. Conducted site inspection. Provided recommendations to parties in mediation on allocation, and recoverable costs that were the basis of settlement negotiations. Presented allocation framework in mediation that was basis for settlement.
Tucson International Airport, Arizona
Served as allocation consultant and settlement counselor for the Department of Justice and Air Force in contribution case involving groundwater contamination caused by chlorinated solvents (TCE, PCE, TCA) and soil contamination stemming from World War II, Korean War and post-war operations. Conducted site inspection. Provided allocation and framework and recommendations to DOJ that was the basis of settlement in negotiations between the parties.
DuPont Multiple Sites
Served as settlement counselor for Department of Justice in contribution case brought by DuPont with respect to 13 major chemical, ordnance and manufacturing plants. Concerns liability of government for contamination caused by World War II operations at numerous facilities. Involved analysis of contracts between DuPont and the U.S. as well as technical assessment of sources of contamination. Also involved opinion on NCP consistency of DuPont’s investigation and remediation efforts and recoverability of past and future costs. Analyzed technical investigation and remedial action reports. Collaborated with DuPont’s expert and conducted joint inspections and analyses of six of the largest ordnance and chemical manufacturing facilities. Case settled.
Bethlehem Shipyard, Maryland
Served as settlement counselor to the Department of Justice in case involving liability of the United States for lead contamination stemming from shipyard activities during World War II. Issues include assessing impact of provisions in property sale contract specifying buyer assumption of site restoration responsibilities. Analyzed technical investigation and remedial action reports. Also included analysis of NCP consistency and recoverability of past costs incurred in site remediation. Provided recommendations to the parties that were the basis of settlement.
Stibnite Mining Site, Idaho
Served as settlement counselor for the United States in a contribution case involving liability of the United States Forest Service and other agencies for activities related to mining activities during and post-World War II. Issues in case included disputed terms in contracts, leases and permits. Participated in settlement negotiations. Presented allocation framework in negotiations that was basis for settlement.
Krekji Dump, Ohio
Served as settlement counselor to the National Park Service in a contribution case including assessment of recoverability of response costs. Analyzed technical investigation and remedial action reports. Case settled.
Southern California Gas Aliso Gas Works Site, California
Served as settlement counselor in contribution action by Southern California Gas Company against the United State. Case involves analysis of operations of the largest MGP in the world, a Butadiene plant, crude oil processing and storage facilities and manufacturing plants. Collaborated with experts from SoCal Gas and prepared allocation framework for mediation that led to settlement of case.
ExxonMobil Baytown Refinery, Texas
Currently serving as a settlement counselor in assessing claim against the United States asserted by Exxon. Analyzed technical investigation and remedial action reports. Also includes analysis of NCP consistency and recoverability of past costs incurred in site remediation. Collaborated with experts for Exxon and prepared allocation and cost recovery analysis for negotiations.
Myers Landfill, California
Currently serving as a settlement counselor in multi-party litigation involving U.S. Forest Service involvement in a landfill on United States lands. Prepared allocation analysis for negotiations.
Tar Creek Superfund Site, Oklahoma
Currently serving as a settlement counselor in multi-party negotiations involving U.S. Department of Interior involvement in lead and zinc mining leases and operations on Native American lands in the northeast section of Oklahoma. Prepared preliminary allocation analysis for negotiations.
Fox River, Wisconsin
Served as settlement counselor in multi-party negotiations involving Corps of Engineers responsibility for dredging contaminated sediments. Prepared settlement framework that was the basis for settlement.
National Fireworks, Massachusetts
Currently serve as settlement counselor in multi-party negotiations involving U.S. involvement in munitions manufacturing. Prepared settlement framework for discussions.
Verizon, New York
Currently serve as settlement counselor involving former nuclear processing site. Analyzed technical investigation and remedial action reports. Also includes analysis of NCP consistency and recoverability of past costs incurred in site remediation. Prepared settlement framework for discussions.
Westinghouse, Missouri
Served as settlement counselor involving former nuclear processing site. Analyzed technical investigation and remedial action reports. Also included analysis of NCP consistency and recoverability of past costs incurred in site remediation. Prepared settlement framework that was basis for settlement.
Dietzman Superfund Site, New Jersey
Prepared allocation report and provided deposition testimony in bankruptcy estimation proceeding. Issues included liability of successor owner of land originally used as an asbestos dump and degree of involvement in causing continuing or increased contamination of wetland. Case settled before trial.
Roebling Steel Superfund Site, New Jersey
Prepared allocation report and testified at trial in bankruptcy estimation proceeding in U.S. District Court in Salt Lake City. Issues included analysis of successive operators of a steel and wire manufacturing facility. Case settled after trial.
SIAC v. Halliburton Litigation – Multiple Sites
Served as expert witness for defendant in federal CERCLA contribution and state indemnity claim cases relating to claim for recovery of environmental response costs and environmental damages. Analyzed technical investigation and remedial action reports. Prepared expert reports on reasonableness of costs, allocation and NCP Compliance. Case settled.
Cherry Farm, New York
Assisted parties in developing an allocation that was used for settlement negotiations. Conducted site inspection and analysis. Site adjacent to foundry and chemical manufacturing plants used for disposal of wastes from manufacturing operations. Major issues involved assessing source of PCBs in materials dumped at the site. Case settled.
Oeser Wood Manufacturing Site, Washington
Served as settlement counselor to Oeser, Inc. on NCP consistency issues relating to removal, investigation and cleanup costs sought by the United States at a wood manufacturing site. Provided analysis that was used in a mediation that led to settlement.
Ott/Cordova, Michigan
Served as settlement counselor to Unilever on NCP consistency issues relating to removal, investigation and cleanup costs sought by the United States and Michigan at a chemical manufacturing facility. Prepared expert report that was submitted to the United States during negotiations. Case ultimately dismissed on liability grounds.
ILCO Lead Battery Site, Alabama
Served as expert witness and settlement counselor for defendants in cost recovery case involving lead processing facility and seven satellite sites at which slag was disposed. Prepared expert report on consistency with the NCP and provided expert deposition testimony. Case settled.
Cabot/Koppers Superfund Site, Florida
Served as expert witness in a contribution case involving groundwater contamination caused by wood treatment facility, pine tar product facility, and petroleum-related facilities. Prepared expert allocation report and provided expert deposition testimony. Case settled before trial.
East Bethel Landfill, Minnesota
Prepared allocation analysis and presented it at settlement hearing on behalf of group of generators of waste. Primary issue involved analysis of operations of site operator and degree of involvement, cooperation, and knowledge of operators and generators. Case settled after hearing.
Davis Liquid Superfund Site, Rhode Island
On behalf of contribution defendants, prepared allocation analysis relating to allocation among approximately 50 parties involved in disposal of chemical wastes at a chemical waste site. Case settled.
Charles George Landfill Superfund Site, Massachusetts
Prepared allocation recommendation for intra-party and inter-group allocation. Issues included analysis of waste types, analysis of records and data gaps, statutory defenses. Case settled.
Junker Landfill, Wisconsin
Served as allocation consultant and expert witness for group of PRPs involved in a landfill site.
Harbor Point Superfund Site, New York
Serve as expert allocation witness for the New York State Canal Corporation in contribution action relating to contaminated sediments in Utica Harbor. Extensive analysis of MGP facility. Prepared expert report and expert rebuttal report. Testified at deposition. Case settled.
Metcoa Superfund Site, Pennsylvania
Served as expert allocation witness for contribution plaintiffs. Prepared expert report and testified in deposition and at trial in U.S. District Court in Pittsburgh. Court accepted testimony as basis for allocation.
Tutu Wellfields Superfund Site, U.S. Virgin Islands
Served as expert allocation witness in case involving groundwater contamination and insurance coverage. Prepared expert report and testified at deposition. Case settled prior to trial.
Brewer Road Site, New York
Served as expert allocation witness in case involving industrial landfill used by two affiliated companies. Prepared expert report and testified at deposition on allocation and consistency with the NCP. Testified in liability phase of the trial regarding use of hazardous substances by defendant. Allocation and NCP issues were rendered moot by decision on liability.
Laskin Poplar Oil Site, Ohio
Serve as settlement counselor and expert allocation witness in case involving oil reclamation and multiple generators of waste oils. Prepared expert report and testified by deposition.