Cost Allocation Procedure Legal consulting and representation

The project

Location: Throughout Switzerland
Customer: Various (private individuals, companies and state institutions)
Period: 2000 - current

Measures for investigating, monitoring and rehabilitating contaminated sites are often very expensive, regularly leading to bills of several hundred thousand francs. Normally the site owners have to pre-finance these costs. However, the site owner has the option of using a special legal procedure to demand the allocation of the costs under the contaminated sites legislation among the polluters involved (see Article 32d Environmental Protection Act [USG]).

Ecosens AG's lawyers have many years of experience in advising and representing parties in such cost allocation processes. We estimate the chances of success of such proceedings, write requests and legal documents and take part in discussions and negotiations.

Our services

  • Legal examination and assessment of the polluter situation (site history, polluters and contaminators, contamination-related legal succession issues, arguments for determining the polluter's share of responsibility)
  • Compilation of cost allocation requests, statements and legal documents
  • Development of settlement proposals and examination of settlement offers
  • Participation in meetings, settlement negotiations, etc.
  • Support/representation in any appeal proceedings
  • Support in claiming VASA compensation (Article 32e USG)

 

Challenges

  • Evaluation of facts from the distant past, often with little evidence
  • Complex polluter situation (long-term use of sites - simultaneously or successively - by various polluters; numerous company transactions)
  • Numerous participants in the cost allocation procedure with different interests
  • A great deal of discretion by the competent authorities in deciding on the allocation of costs
  • Few precedents and various unresolved legal questions
  • Different cantonal enforcement conditions

Project manager:

Lorenz Lehmann Executive partner, president of the board of directors
lic. iur. Zurich University, solicitor
llehmann@ecosens.ch +41 44 839 47 80 More