Much of this cost is associated with pre-trial discovery and expert work. This work can be combined and shared, under the guidance of the Environmental Team Mediation panel. One neutral environmental firm conducts one set of necessary tests, and the results are used by both parties and the Panel to discuss solutions. The process is low risk. The discussions are confidential and inadmissible in Court.
Environmental disputes exist.
Somehow, and at some cost, these disputes will also be resolved. The question is how. Trial is certainly one way to go.