Allocation by Contribution to Cost and Risk at Superfund Sites.

Because there is no specific legislative or regulatory guidance, there is no "right" way to allocate liability at Superfund sites. Allocation based on the cost of a remedy, and allocation based on the need for a remedy, i.e. risk-based allocation, represent two possibilities. Other allocation schemes can be located between these two philosophical poles. When waste streams and environmental impacts are qualitatively similar, allocation based solely on costs may make the most sense. When one or more potentially responsible parties (PRPs) have qualitatively different wastes or impacts, an allocation scheme based on both contribution to cost and to risk may be able to incorporate all PRPs. In any case, dissident PRPs, whose contribution to remedy costs is large but whose contribution to risk is small, may find satisfaction in the courts where there is precedent for risk-based allocation. [ABSTRACT FROM AUTHOR]