Litigation Support

Providing Persuasive in-depth Scientific Analyses and Expert Testimony for Litigation

Roux's team of experts has evaluated complex technical issues in dispute during litigation and formulated expert opinions for presentation in reports, depositions, and trial. Team members have provided expert witness testimony over a broad range of issues including the source and timing of chemical releases, groundwater contaminant fate and transport, the necessity and appropriateness of site cleanup costs, equitable allocation among PRPs, risk assessment, data validity, and compliance of response actions with federal and state regulations.

Market Leader

Expert Opinion Topics
  • Determining the source and timing of contaminant releases to soil and groundwater
  • Chemical fate and transport analysis to determine groundwater migration pathways and receptors
  • Evaluating whether response actions are substantially consistent with the NCP
  • Evaluating whether response actions are/were necessary and appropriate
  • Projecting future response action costs to bring the sites to regulatory closure
  • Determining equitable cost sharing among PRPs
  • MGP sites: Calculating historical tar production
  • Fraudulent conveyance evaluation in bankruptcy proceedings: Determining life-cycle cleanup costs for portfolio of contaminated sites
  • TR-55 analysis of changes in land use and stormwater flows
  • Evaluating the source and impacts of air pollutants and point source releases
  • Historical standard-of-care and industry state-of-knowledge​​​​​​​
  • Consultants’ compliance with ASTM Standard Practice E1527 during the performance of Phase I environmental site assessments
  • Evaluating mechanistic, animal toxicology, and epidemiological studies for potential associations between exposures and health outcomes (both cancer and non-cancer)
  • Evaluating potential exposures and health risks associated with chemicals/agents in environment, workplaces, and consumer products
Related Services/Tools:
  • 2-D and 3-D Data Visualization
  • Georeferencing current and historical site features to soil and groundwater data
  • Chemical fingerprinting to identify sources of contamination
  • Preparing affidavits, declarations, and expert reports
  • Assisting in document discovery
  • Assisting in preparing for fact and expert witness depositions
  • Assisting in preparing for opposing expert depositions
  • Trial preparation and demonstratives​​​​​​​
  • Development of trial exhibits

Recent Rulings

Dorrell v. Woodruff Energy Inc.

In a six-hour oral ruling, Superior Court Judge David W. Morgan of Gloucester County rejected the plaintiff’s claims that Woodruff Energy was responsible for any spill events after testimony from William Silverstein. The lawsuit, filed in 2011, claimed a Woodruff employee was responsible for discharges of gasoline and kerosene on company property in the 1960s, as well as an overfill of heating oil during the 1990s.

To read full ruling click here
Sunoco, Inc. (R&M) v. 175-33 Horace Harding Realty Corp.

Judge Seybert ruled in favor of Sin Senh, Principal Hydrogeologist of Roux, who testified on behalf of Sunoco, Inc. (R&M). “Specifically, Senh thoroughly and persuasively testified that...a New Release of contaminant occurred between September 2001 and January 2002. During that time, the Site was under HHR's control.”

To read full ruling click here
Tronox v. Anadarko Matter

Judge Gropper based his ruling in part on testimony given by Dr. Ram on behalf of Tronox. The judge relied on Dr. Ram’s valuation of the environmental liability for cleaning up hundreds of contaminated sites across the U.S., “It is significant that Ram’s analysis is the only comprehensive valuation in the vast record of this case of Tronox’s environmental liabilities.” (see pages 104-111 of Court’s ruling).

To read full ruling click here