• Inner Banner Bg
  • Home
  • Service Categories: litigation-support

Litigation Support

EEC Environmental (EEC) provides a broad spectrum of litigation support ranging from scientific investigations to expert testimony in state and federal courts. We support litigation matters related to contamination of soil, soil vapor, and groundwater; geologic and hydrogeological issues; and industrial wastewater. Our staff has experience with plaintiff and defense representation, giving us a professional knowledge of tactics and strategies that will be encountered in litigation, and allowing us to present an unbiased perspective to judge and jury. EEC has been involved with numerous high-profile litigation cases and has consistently worked seamlessly as part of a team in preparing technical portions of a case. 

Our services are most often utilized to prevent litigation from occurring in the first place, by preventing or reducing liability exposure, fines, administrative penalties, and negative press. Our staff has extensive experience collecting and analyzing technical data to provide a reliable scientific basis for overcoming or minimizing contentious issues. 

Historical Document Research Services and PRP Identification

Historical Research / PRP Identification

EEC Environmental (EEC) provides sophisticated historical document research services with extensive expertise in historical document research and review, including freedom of information (FOIA) requests and in-depth archival research; historical analysis and report writing; personal interviews; document collection and management; title and ownership identification; and potentially responsible party (PRP) identification. EEC’s expert scientists and staff are able to uncover and decipher the most evasive pieces of evidence and historical documentation to assist clients in identifying the history of a site. By using historical maps, historical aerial photographs, and historical documents, EEC is able to identify the historical nature of a party’s involvement at a site (owner, operator, generator), past land use histories, historical operations, historical chemical usage and waste production, and corporate viability and successorship. With this information, EEC is able to resurrect the past and create detailed and thorough site histories to assist clients with a myriad of issues such as determining liability and allocation of cleanup costs of contaminated sites.

EEC Environmental (EEC) CERCLA Superfund Support for Projects - CERCLA support

CERCLA

EEC Environmental (EEC) has unique expertise addressing a wide variety of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) projects. This CERCLA support range from large Superfund groundwater cleanup projects to complicated Superfund cost allocation projects throughout the United States. Currently, EEC is the Plant Engineer for a multimillion-dollar groundwater remediation project at the Stringfellow Superfund Site in California. EEC’s engineers, geologists, and scientists include former U.S. Environmental Protection Agency (EPA) and state regulators with vast expertise in CERCLA projects. EEC supports many law firms in CERCLA litigation cases and serves as expert witnesses in court.

CERCLA services that EEC offers include:
  • Groundwater Remediation System Design and Construction
  • Groundwater Cleanup Cost Allocation
  • Property Cleanup Cost Allocation
  • Litigation Support
  • Expert Witness
EEC Environmental (EEC) Scientific Investigations

Scientific Investigations

EEC Environmental (EEC) is routinely retained by attorneys to conduct scientific investigations to support compliance with environmental regulations and/or to support litigation and cost allocation. Often these investigations are high profile and involve media attention, and EEC is called upon to interact with media and community members. Our experienced senior management team will work with the legal team to identify existing data gaps and determine the advantages and potential pitfalls of data collection. Once an investigation strategy has been devised and agreed on by the legal and technical teams, EEC procures the necessary permits and access agreements and conducts field activities in accordance with all applicable federal, state, and local protocols and procedures. Depending upon the complexity of the project, scientific investigations can range from the use of qualitative field screening methods to extremely precise collection and analysis of samples for the evaluation of isotopic properties.

Regulatory Closure, Compliance & Negotiation for Litigation, EPA

Regulatory Compliance & Negotiation

EEC Environmental (EEC) is the preferred consultant in supporting both the public and private sector clients in negotiating with oversight regulatory agencies and developing closure strategy and risk-based paths to regulatory closure solutions. Coupled with the development of high-level assessment and remediation design, EEC has expertise in preparing comprehensive plans to achieve the ultimate project goal of regulatory site closure.

Our unique strategy development is founded on relationship building and communication with oversight agencies, human health risk assessments, detailed historical research, and an up-to-date understanding of federal, state and local regulatory requirement, clean-up standard, and limits. Certainly negotiating closure is of paramount importance; however, EEC has successfully negotiated many other important changes including reductions in sampling frequency, required analysis, and eliminating unnecessary over reporting.

Environmental Litigation Support and Expert Witness Services

Expert Witness

EEC Environmental (EEC) provides a breadth of litigation support and expert witness services ranging from expert testimony in state and federal courts to site investigations and remediation. EEC’s experts utilize a variety of tools—including expert data analysis, advanced and innovative site characterization techniques, environmental forensics, geographic information systems (GIS), and 3-D computer modeling—to support legal matters related to contamination of soil, soil vapor, and groundwater; geological and hydrogeological issues; contaminant fate and transport; National Pollutant Discharge Elimination System (NPDES)/stormwater; industrial wastewater; and Potentially Responsible Party (PRP) identification and liability.

EEC’s experts and scientists have provided expert opinions, third-party review, CERCLA cost allocation, and deposition/trial preparation for numerous high-profile litigation cases involving the management of complex and confidential data sets and have worked seamlessly as part of a team for multiple large national law firms. EEC approaches each situation from a fresh perspective in order to provide the appropriate technical response and solution for the client. With our comprehensive understanding of complex contamination issues and environmental regulations, EEC is able to assist legal teams with developing legally defensible strategies to achieve a favorable ruling.

Data Management and Trial Graphics

Data Management & Trial Graphics

EEC Environmental’s (EEC) data management and graphics team have two decades of experience assisting attorneys and technical professionals in communicating their messages with maximum effectiveness. This team works closely with our environmental and engineering professionals to explain complex topics in a manner that is understandable to the community, regulators, judges, and juries. Properly conceived, visually impactful litigation graphics can impart a persuasive and lasting impact that cannot be matched by the spoken word. Our graphics team often works in parallel with our data management group using tools such as geographic information systems (GIS) to visually present large amounts of data in an understandable manner.

EEC’s data management capabilities are most often used behind the scenes to compile, manage, and analyze large amounts of data ranging from document management of data related to Potentially Responsible Parties (PRPs) and trial documents to technical data including contaminant chemistry, groundwater data, and wastewater discharge volumes.

Our Data Management and Trial Graphics include, but are not limited to:
  • GIS and Database Management
  • 3-D Model Illustrations, Simulation, and Animation
  • Georeferencing Current and Historical Site Features to Soil, Soil Vapor, and Groundwater Data
  • Trial Graphics
  • Timelines
  • Maps and Historical Photographs
  • Process Schematics
Cost Allocation Services and Support

Cost Allocation

EEC Environmental (EEC) provides expert technical support to private clients and law firms involved in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) potentially responsible party (PRP) cost allocation cases. These can be related to an emerging Superfund case or a cost recovery tied to a previously settled case. EEC’s engineers, geologists, and scientists analyze large amounts of data to determine a fair and defensible cost share allocation for our clients that stands up to scrutiny from opposing attorneys or arbitrators. EEC has helped clients recover millions of dollars in costs tied to old general liability insurance coverage.

Cost Allocation services that EEC offers include:
  • CERCLA Groundwater Remediation Cost Allocation
  • CERCLA Sediment Cleanup Cost Allocation
  • Litigation Support
  • Expert Witness
  • Insurance Cost Recovery