Technical Allocation-Litigation Support
Lead by world-renowned experts in the environmental consulting industry, TIG Environmental supports clients involved in complex, multi-party contaminated sites. The TIG Environmental team—one of the most experienced in the country—specializes in gathering historical, factual evidence to establish a basis for cost allocation and then performing forensic analyses to develop a defensible, fact-based cost allocation proposal.
During the allocation process, TIG Environmental can help by:
- Performing sophisticated research to identify other potentially responsible parties (PRPs), locating witnesses and critical documentation, and reconstructing operating histories from decades and centuries past.
- Performing complex analyses such as statistical graphical techniques, Fate and Transport modeling, statistical analyses, and historical source identification of chemical mixtures in environmental samples.
- Developing expert reports and white papers to summarize technical positions or provide factual data in support of our client’s position.
- Working in coordination with clients and their counsel to define offensive and defensive positions in support of allocation negotiations.
- Modeling different allocation scenarios to understand how fact patterns impact the potential allocation.
- Conducting detailed cost evaluations using a probabilistic cost model to understand how remedy cost uncertainties should be considered in allocation strategy.
- Reviewing historical wastewater treatment plant (WWTP) or publicly-owned treatment works (POTW) documentation to determine whether the plant is a source of contamination to the study area and whether it served as a conduit of contamination from the target PRPs’ facilities to the study area.
- Researching historical industrial documentation to evaluate the types of hazardous substances that may have been produced and released in the watershed including:
- Media articles, industrial directories, trade journals, and other reports that may provide information on historical chemical products manufactured at the PRPs’ facilities.
- Onsite chemical storage and hazardous substance inventories.
- Historical plant expansions and onsite processing locations.
- Incident reports for spills, leaks, and other types of hazardous materials discharge.
- Media accounts of potential fires and explosions.
- Potential discharge routing from facilities to the site, including via publicly-owned sewerage systems.
- Providing support during allocation of Natural Resources Damage Assessment (NRDA) cases including a determination of where substances of concern have been deposited relative to impacted areas.
- Evaluating remedy appropriateness to support allocation positions.
TIG Environmental has experience with allocation processes and mediation teams under many different regulatory programs involving sites with sediment (harbor, river/tributary, lake, estuary), groundwater, and/or soil contamination. Our extensive experience in litigation support provides TIG Environmental a unique perspective on what strategies may be beneficial at a site. We have a proficiency in providing investigative and technical expertise to complement our clients’ legal teams in developing appropriate cost allocation arguments. Our additional qualifications in remedial services contribute to the effective analysis of site conditions and associated costs to ensure accurate accounting in the allocation process.
Stalled Mediation Reinvigorated with Facts, Evidence, and Statistical Calculations
Establishment of Reasonable Allocation for Site Owners Relative to Operators
Development of an Allocation Strategy to Fit the Regulatory Environment
Litigation and e-Discovery Support
Complex Tidal River System with Multiple Sources