Atlanta associate Brian Mink had his article – "Trading CERCLA for Spearin in El Dorado County: Shifting the Risk of Unknown Site Pollution to the Government in CERCLA Consent Decrees" – published by the American Bar Association in its Fall 2015 Construction Lawyer magazine.
The article discusses the novel application of a landmark construction law case in limiting the liability of parties to CERCLA consent decrees. It argues that applying the so-called "Spearin doctrine" to CERCLA consent decrees promotes fairness by shifting the increased cost of environmental remediation to the party responsible for preparing the plans and specifications, and outlines transactional and litigation strategies to help parties achieve that outcome.
Brian's article was the national grand prize winner of the American Bar Association Forum on Construction Law's Student Writing Competition in 2014, and Brian was honored at the Forum's conference in Boca Raton, Florida, in March.
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