Environmental & Regulatory Finance

Financing requests for toxic tort, CERCLA, and environmental enforcement.

Independent capital providers decide whether to fund both sides of environmental litigation, plaintiffs pursuing toxic tort and contamination claims, and regulated entities defending high-value enforcement actions where the defense has measurable asset value.

Environmental cases are technically complex and fact-intensive. Criterica Capital’s review includes environmental subject matter expertise alongside outcome modeling.

Case Types Financed
Toxic Tort
PFAS contamination, benzene exposure, industrial chemicals, and groundwater cases. Personal injury and property damage claims against industrial defendants.
CERCLA Contribution
Section 107 and Section 113 cost recovery claims by PRPs seeking contribution from other responsible parties at Superfund sites.
Environmental Enforcement
Citizen suit enforcement under Clean Air Act, Clean Water Act, and RCRA. Private enforcement of environmental violations with civil penalty and injunctive relief.
Penalty Defense
Capital for regulated entities defending against EPA, state environmental agency, and DOJ environmental penalty actions — where a successful defense preserves asset value.
Natural Resource Damages
NRD claims by state and federal trustees. Trustee-side and responsible party defense — both sides of NRD litigation can be funded based on claim merit.
Climate & ESG Litigation
Emerging climate change liability claims, greenwashing litigation, and ESG disclosure enforcement actions — assessed on factual merit and jurisdictional precedent.
Environmental Underwriting

Environmental litigation has long time horizons, complex causation chains, and multi-party allocation dynamics. Our underwriting models are trained on legal data, including CERCLA contribution, NRD, and toxic tort cases and the allocation decisions that determine which parties bear what share of cleanup costs.

Defense-side funding can be considered where the regulated entity's defense preserves measurable asset value, typically in large penalty actions or NRD cases where the quantum of liability is contested and expert testimony determines the outcome. Defense funding of this kind is non-recourse, repaid only from the reduction in assessed liability versus the initial demand.

What a Request Covers
Minimum claim value
Set by the capital provider
Regulatory defense
Considered where defense preserves asset value
Citizen suits
Civil penalty claims reviewed on merit
Multi-defendant
Contribution allocation modeling included
State + federal
EPA, state agency, and DOJ matters
How We Underwrite

Every financing request Criterica Capital prepares is evaluated against outcomes, not collateral. Our models are trained on real court records across US federal courts, state courts, and international jurisdictions.

We assess jurisdiction-level recovery rates, case-type outcome distributions, time-to-resolution curves, and attorney performance history before a request is prepared for independent capital providers.

01
Outcome models
Predictive models for each case type and jurisdiction
02
Court record depth
Verified decisions used in model training
03
Jurisdiction calibration
Circuit, district, and state-level recovery benchmarks
04
Recovery modeling
Expected value, settlement range, and duration estimates per case
Discuss environmental or regulatory litigation funding.
Contact Our Team