J. Clayton Undercofler

Clayton Undercofler is a Senior Director at FTI Consulting and is based in Wayne, Pennsylvania. Mr. Undercofler is in the Environmental Solutions practice in the Forensic & Litigation Consulting segment.

For the past 20 years, Mr. Undercofler has performed ADR, cost allocation, PRP investigation, and waste-in database development services for more than 60 state and federal Superfund cases. Mr. Undercofler specializes in the analysis and assessment of evidence (documentary and testimonial) and advocacy in support of ADR and cost allocation proceedings. His experience encompasses a wide variety of sites including, contaminated sediment sites, used oil refineries, chemical processing plants, hazardous waste treatment plants, pesticide formulation facilities and landfills.

Mr. Undercofler has experience in the design, execution, and successful completion of multi-party ADR and cost allocation projects, including: collection, compilation, review, and detailed analysis of information and advocacy presented in confidential disclosures, questionnaires, regulatory agency information requests, and position papers; private settlement facilitation and accompanying de minimis buyouts; facilitation, coordination, and incorporation of state and federal agencies into private settlements; research and analysis of CERCLA allocation case law; development of allocation models and recommendations; and coordination of field investigations with knowledgeable parties.

• Portland Harbor Superfund Site, Portland, Oregon. Serving as an allocation process and mediation team member to more than 80 parties in an ADR process designed to resolve liability and allocation issues for study and remedy costs incurred/to be incurred for a 10-mile portion of the Lower Willamette River. Work to date has primarily involved the development of draft comprehensive information summaries for participating party facilities designed to delineate the factual settings and basis for later allocation activities.
• 68^th Street Sites, Baltimore, Maryland. An in-progress ADR process designed to develop an allocation and settlement among a diverse group of private and public parties at a collection of adjacent former landfill facilities located in the Rosedale area of Baltimore. Work has involved the development of an allocation model using a combination of limited contemporary records and witness statements that has served as the basis for a mediation that is on the brink of successful completion/settlement.
• Ottawa River Sediment Cleanup, Toledo, Ohio. A successful mediation regarding the cleanup of contaminated sediments in the Ottawa River that runs just north of downtown Toledo. This project required the evaluation of the impact of industrial and commercial activities occurring over an approximate 100-year period of time. An additional complication involved the incorporation of prior allocations for three multi-party sites located adjacent to the River (two landfills and a chemical waste processing facility).

Mr. Undercofler holds a B.A. in history from Middlebury College.