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The expanding liability of environmental consultants to third parties

Environmental consultants increasingly are being sued by third parties with whom they did not contract. Reported cases show a definite trend toward naming consultants in significant and complex lawsuits seeking economic losses and cleanup costs. These cases frequently arise under state common law, wherein the plaintiffs argue that a consultant with whom they did not contract owes them a duty of care. There also is a growing line of cases discussing a consultant's liability for Superfund contribution costs when the consultant had no expectation that it would be involved in the cleanup or handling of hazardous wastes. Consultants need to be aware of these cases and what can be done to avoid them or minimize their impact. This article discusses the applicable law concerning the liability of consultants to third parties, and the practical risk‐aυoidance steps consultants can take to reduce their liability and risk of loss.