Expert Services Represents three separate industrial clients who have been identified by the Study Group of a major River-System NPL site as new potentially responsible parties. In each case, SEC researched the technical merits of claims made by the Study Group and developed the scientific analysis needed for these clients to evaluate the merits of their respective claims. Served as a technical expert on a peer-review panel of the U.S. Army Environmental Center. In this role, evaluated remediation programs at several Army facilities throughout the U.S. Provided expert counsel on a variety of innovative remediation technologies including natural attenuation, chemical oxidation, reactive barrier walls, and soil stabilization. For a confidential insurance company client, worked with the law firm of Cozen and O’Connor to defend a cost-recovery action initiated by a Pennsylvania municipality regarding remediation of an NPL site (landfill). Recommended to counsel the testifying expert and directed the development of the technical strategy. For a petroleum distribution company that is represented by the law firm of Segal McCambridge, evaluated a claim of environmental damage resulting from a petroleum release at a bulk storage and distribution facility in northern Indiana. Participated in a mediation of the dispute by a third-party mediator with the goal of reaching a settlement and avoiding cost-recovery litigation. For a New Jersey industry trade association represented by the law firm Flaster Greenberg, prepared an expert report that evaluated technical concerns associated with a State of New Jersey Executive Order and a NJDEP Administrative Order. These orders limited new water supply connections in three municipalities in southern New Jersey. Our analysis was evaluated by a federal court judge and led to a settlement between our client and the state which effectively nullified the orders. For an environmental construction company that is represented by the law firm of Ernstrom & Dreste, LLP, prepared an expert report in support of litigation against a former client of the construction company (a state environmental agency) and its environmental consultant. The expert report evaluated the adequacy of site characterization work that was performed by the state in support of a state-developed Remedial Action Plan, which the construction company was retained to implement. Disputes arose regarding payment for services rendered by the construction company. For a confidential insurance company, assisting the client in qualifying the environmental response costs associated with the remediation of a southern New Jersey textile facility. For a confidential steel company (defendant) represented by the law firm of Morgan, Lewis & Bockius, led a team of experts in a case where the site owner (plaintiff) sued a former tenant (defendant) in federal court for cost recovery related to a RI/FS and emergency removal undertaken by the plaintiff at a Pennsylvania plant. Prepared an expert report that documented significant nonconformance by plaintiff's consultant with the National Contingency Plan (NCP). Settlement was reached out of court wherein a shared funding agreement was reached to cover site closure activities. Provided oversight of plaintiff's remediation (including participation in negotiations with PADER and USEPA personnel overseeing the project) and assisted attorneys with qualifying plaintiff's expenditures. Participated in a mediation to resolve a dispute in the final allocation of costs. For a major New Jersey development company, providing expert services in support of a cost-recovery claim for environmental response against the firm's environmental insurance carrier. Prepared an expert report and provided deposition testimony in support of litigation against a group of industrial companies (defendants) that were named by USEPA as potentially responsible parties at a Pennsylvania NPL site. Testimony involved the classification and quantification of wastes generated by companies (plaintiffs) that have settled with the government regarding their alleged involvement with activities at the NPL site. Completed a project involving the remediation of chlorinated solvents in groundwater at a manufacturing site in Landing, New Jersey. Working with the law firm of Friedman Siegelbaum, provided expert testimony in litigation that succeeded in recovering costs from third parties and participated in alternate dispute resolution (ADR) with the NJDEP to favorably resolve a NJPDES-permit dispute. Also supervised pilot testing of chemical oxidation technology as an alternative to the pump-and-treat remediation of groundwater (glacial till overlying the Byram Gneiss fractured bedrock aquifer). The project successfully concluded with the submission of a CEA/final remedy report, which established monitored natural attenuation as the final site remedy for groundwater. For a confidential insurance company being represented by the law firm of Bateman, Coley, Yospin, Kunzman, Davis and Leherer, provided expert report and supporting deposition testimony on contaminant transport science in defense of a cost-recovery action initiated by a waste transporter involving an NPL site in the New Jersey Pinelands region. Case settled within 60 days following depositions. For a state environmental agency, prepared an expert report and provided supporting testimony for a ground water remediation case in support of cost recovery claims. For a confidential insurance company that was represented by the law firm of Cozen and O’Connor, provided technical support in defense of a cost-recovery action initiated by a transportation industry concern involving up to 40 potentially contaminated sites in the western U.S. For a confidential insurance company that is represented by the law firm of Schwartz, Simon & Eddelstein, provided expert services (including deposition testimony) in defense of a cost-recovery action related to petroleum releases to soil/groundwater in New Jersey. Assisted a court-appointed arbitrator in the formation of an opinion regarding the probable cost to remediate a commercial property in New York City. The property had soil and groundwater contamination resulting from the on-site storage and usage of petroleum products. For a confidential group of industrial and commercial companies, provided expert services in their ongoing attempt to mediate a settlement regarding contamination (PCBs) of an industrial building in central New Jersey. For a confidential southeastern Pennsylvania industrial coatings company (plaintiff) represented by the law firm of Blank, Rome, Comisky and McCauley, served as a non-testifying expert in a cost-recovery action against the former owner of the business (defendant). An out-of-court settlement was reached whereby all regulatory response costs were recovered from the previous owner. For a confidential Fortune 100 client represented by the law firm of Morgan, Lewis & Bockius, provided forensic support in support of the defense of litigation involving contamination at an industrial site in Philadelphia. Assisting a New Jersey water company, represented in litigation by the law firm of DiFrancesco, Bateman, et al. in response to litigation initiated by an industrial company that is undertaking remediation of a site in northern New Jersey. The case involves a claim of contribution to the remediation based on activities that allegedly occurred on the adjacent water company property. |
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