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Case Studies involving Forensics, Litigation Support, and Expert Witness Testimony
- Confidential Client: Dr. Rowlands conducted a forensic investigation and prepared technical materials in support of litigation and cost allocation for a chemical facility in California. The problem involved commingled contaminants from adjacent facilities and the apportionment of cost for remediation of off-site groundwater. The principal offsite contaminant had been used at the facility owned by the other party. The work included: development of a strategy with technical staff and corporate council, review of geologic and hydrologic data, development of a site conceptual model, groundwater and contaminant transport modeling of organic and inorganic chemicals for both facilities using MODFLOW and MT3D, and preparation of a fully animated 12 minute video for courtroom presentation. Video preparation included: development of a storyboard, integration of geologic and hydrologic information, and the integration of the groundwater modeling. The video was used as an exhibit during trial. The case was settled and the other party agreed to pay for the offsite remediation associated with contaminants from their facility.
- Confidential Client: Dr. Rowlands conducted a forensic investigation and prepared technical materials in support of litigation and cost allocation for a chemical facility in California. The problem involved commingled contaminants from adjacent facilities and the apportionment of cost for remediation of off-site groundwater. The principal offsite contaminant had been used at the facility owned by the other party. The work included: development of a strategy with technical staff and corporate council, review of geologic and hydrologic data, development of a site conceptual model, groundwater and contaminant transport modeling of organic and inorganic chemicals for both facilities using MODFLOW and MT3D, and preparation of a fully animated 12 minute video for courtroom presentation. Video preparation included: development of a storyboard, integration of geologic and hydrologic information, and the integration of the groundwater modeling. The video was used as an exhibit during trial. The case was settled and the other party agreed to pay for the offsite remediation associated with contaminants from their facility.
- Confidential Client: Dr. Rowlands conducted a forensic investigation for outside council representing one of two companies that shared responsibility for a superfund site in the Pacific Northwest. The work was in anticipation of litigation. Both parties contracted with a consultant to prepare the RI/FS for the site. Upon initial review of the RI/FS, Dr. Rowlands client determined that, as written, they would be responsible for the remediation of contamination migrating from the other property. Dr. Rowlands reviewed the geological, hydrological, and geochemical data prepared for the RI/FS. His forensic review determined that the data had been misrepresented by the consultant and one party was subject to undue liability for the groundwater contamination. After a series of adversarial meetings with the consultant, and the other party and their outside council, the consultant agreed to revise the RI/FS and resubmit it to EPA. The result was a significant decrease in groundwater remediation costs.
- Confidential Client: Work was done for outside council for litigation support and public hearing testimony for a hazardous waste disposal permit in New York. The work included: review of geologic and hydrologic information for the site and the region surrounding the site, addressing questions and concerns presented by the NY State Geological Survey and the U.S. Geological Survey, and satisfying the permit requirements for the State of New York. The result of the work was the integration of the data into a site conceptual model, preparation of the permit application, preparation of litigation support exhibits, and public hearing testimony.
- Confidential Client: This work was performed for outside council for litigation support involving offsite groundwater contamination and the impact of the contamination on the property value and future use of the adjacent property. Dr. Rowlands assisted with strategy development, reviewed geologic and hydrologic data, conducted groundwater and contaminant modeling, prepared exhibits, and prepared for expert witness testimony. The case was settled.
- Confidential Client: Dr. Rowlands performed a forensic investigation of building damage attributed to blast effects from a regional seismic reflection survey. He examined the subject properties, documented damage that could be attributed to blast effects, and reviewed the blasting records of the seismic contractor. Dr. Rowlands demonstrated that the damage was caused by the amplification of seismic wave energy from the blasting which caused the unconsolidated sediments beneath the properties to transmit higher energy to the buildings than would otherwise be expected. The case was settled.