Fate & Transport

Defense of Groundwater Contamination Claims

Jon Rohrer, PG, CHg

California

Roux =helped defend a major furniture manufacturing company against claims brought by a water agency plaintiff for environmental damages. The primary issues in the case centered on past chemical use, release timing, commingling and impacts to groundwater.

 

As part of a vigorous and thorough defense, Roux identified significant use of chemicals at issue for a settling defendant across the street and co-mingling which was overlooked and minimized by the Plaintiff. On a regional scale, Roux: (1) documented and evaluated the plaintiff’s own injection of 1,4-dioxane directly into the aquifer (as part of a recycled water program) in light of, (a) the plaintiff’s asserted “cleanup standard” for 1,4-dioxane and (b) the plaintiff’s alleged bases for damages claimed against defendants for 1,4-dioxane groundwater impacts; (2) documented the hydrogeologic implausibility of deep aquifer (and drinking water well) impacts from the client’s site; and, (3) established the Client’s compliance with all pertinent state regulatory directives. The Court ruled for the defendants.


Chlorine Gas Release

Neil M. Ram, PhD, LSP, CHMM

Southeast US

Roux evaluated the mass of aqueous-phase molecular chlorine (Cl2-aq) that the government alleged was absorbed into a river as a result of an airborne release of gaseous-phase molecular chlorine (Cl2-gas) from a train derailment. Roux concluded that even small amounts of chlorine dissolving into the river would result in unstable chlorine species because the highly oxygenated waters resulted in free aqueous chlorine species being thermodynamically unstable (to the extent that any chlorine actually reached these waters). Therefore any chlorine impacts would not extend downriver. Further, at the pH values observed in the river following the incident, hypochlorous acid (HOCl) rather than molecular chlorine (Cl2-aq), would have been the predominant aqueous chlorine species to the extent that any chlorine reached these waters. Roux also refuted (1) the Free Available Chlorine results reported for the river, because of transcription errors and undocumented lab methods and (2) a “Box Model” conducted by a government laboratory, because the model oversimplified the complex reactions governing the transport of the chlorine gas from gas phase to liquid phase and ignored the complex chlorine chemistry and associated aqueous-phase reactions. Roux’s analysis demonstrated that the river had not been significantly impacted with chlorine. The case settled before trial.


Clean Water Act Case at Industrial Site

David G. Dixon, PG

California

Roux was retained by defendant for litigation support for a suit filed under the Clean Water Act for storm water releases at their industrial facility. Roux reviewed the complaint and evaluated the technical basis of each claim, prepared responses for counsel, and reviewed and prepared technical letters. Tasks included evaluating the past site and regional storm water and soil sampling data, researching meteorological data, evaluating and improving facility Best Management Practices (BMPs) and conducting a background metals investigation in soil and storm water.

Roux received regulatory agency concurrence that metal exceedances of EPA Benchmarks were due to naturally occurring conditions and not facility operations. Roux consulted with legal counsel on potential settlement costs and prepared expert declarations in support of summary judgment. The case was dismissed by plaintiff prior to the Judge ruling on defendants request for summary judgment.


Defense of Soil and Groundwater Contamination Damage Claims

Jon Rohrer, PG, CHg

California

Roux helped defend a Fortune 500 company against claims brought by a water agency plaintiff for environmental damages attributed to our client’s past operations, including groundwater remedial costs claimed by the agency. The primary issues in the case centered on past chemical use, release timing, and impacts to groundwater relative to a large regional plume.

 

Key aspects of Roux’s work included (1) identifying a previously unknown (to the plaintiff) outdoor TCE degreaser located immediately to the east of the defendant’s site and (2) illustrating the degree of impacts from a major source of contamination immediately to the north of the defendant’s site who was not named by the plaintiff as a target in the litigation. Mr. Rohrer testified at trial, and the judge ruled in favor of our client.


Identifying Source and Age of HVOC Plumes

Adam H. Love, Ph.D.

California

Client was named PRP at a large multi-party site with claims of groundwater contamination concerns. The location included numerous site operators and adjacent property operators who were also known users of chlorinated solvents, so the amount of chemical contamination each PRP was contributing to the overall groundwater impact was unclear. Client needed a testifying expert to determine if the client had contributed to groundwater contamination concerns and, if so, how much the client contributed to the overall amount of contamination. Dr. Love developed fate and transport models of PCE, TCA, TCA, and 1,4 Dioxane plumes from the clients operations as well as other on-site and adjacent operations. The fate and transport models enabled better resolution of areas with distinct PRP plumes of contamination and areas of comingled plumes of contamination. Chemical fingerprint and degradation analyses of the chlorinated solvents enabled further apportionment of PRP contribution, even in areas of comingled plumes of contamination. Court dismissed case based on lack of evidence of threat to groundwater.


Landfill Groundwater Contamination

Doug Swanson

Michigan

Roux was retained by the defendant and current owner of a parcel of land formerly used as landfill to evaluate the current and potential future impacts of groundwater contamination migrating from the former landfill on nearby residential wells. Nearby residential landowners had filed a class action lawsuit seeking damages for exposure to toxic substances allegedly emanating from the former landfill site. Roux evaluated potential exposure pathways, including groundwater, and provided expert opinions as to the quality of groundwater downgradient of the former landfill, and the current and potential future extent of any impacts to residential and municipal well water. Roux opined that none of the residential wells downgradient from the former landfill was currently impacted, and the more distant regional municipal wells were too far away to be impacted now or in the future. The class was ultimately not certified, and the case was settled and dismissed.


Source of Herbicide Causing Property Damage

Adam H. Love, PhD

California

Client was the plaintiff in a lawsuit against the adjacent property owner suing for damages related to herbicide impact on mature trees along property boundary. The client was just a few months from trial and realized they were going to need a fate and transport expert to determine and testify to the possible locations from where herbicide could have been dispersed to cause the damage observed. Dr. Love was retained as the testifying expert. He performed a series of measurements of site conditions and impacts and tested the how far (vertically and horizontally) relevant dispersal technologies could direct a potential spray of herbicide. This information was integrated with atmospheric transport analysis and fate and transport analysis of herbicide after impacting the tree canopies and ground. His analyses enabled him to provide trial testimony that eliminated all locations, other than the defendant’s property, as the source locations for the herbicide impacts. Dr. Love was also able to describe to the court a reasonable scenario where the herbicide impacts observed could all be the result of actions on the defendant’s property using equipment/supplies available at residential hardware stores. Court found defendant was liable for the damages. Plaintiff awarded triple damages.

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