Law Firms
The vast majority of environmental cases settle out of court. However, when forced to litigate, attorneys who win favorable decisions, judgments, and settlements need irrefutable technical expertise, legal acumen, and unrelenting presentation of case facts. Federated Environmental is able to provide experienced scientists, Professional Engineers (P.E.), Professional Geologists (P.G.), Licensed Site Remediation Professionals (LSRPs, NJ), Licensed Environmental Professionals (LEPs, CT), hydrogeologists, chemists, regulatory specialists, and groundwater computer modeling experts to develop powerful successful litigation strategies.
Environmental Laws Are Extremely Complicated and Often Contradictory. Your Legal Counsel Should Work With An Environmental Professional Keenly Familiar With The Regulations.
Among the best strategies to avoid environmental liability is to retain the services of a competent, experienced real estate attorney. Because your attorney is keenly familiar with real estate law and can offer an objective opinion, they will provide sound advice and guidance through the due diligence process. Many discovered environmental conditions and concerns can be managed ”across the settlement table” contractually. Don’t go it alone.
The need to synthesize and communicate technical concepts and opinions has never been greater in the arena of environmental litigation. Lawyers and potentially responsible parties need experts with a combination of credentials, experience and great communication skills to bridge the gap between law and science. Like a great professor, the expert must be able to communicate complex technical information to non-technical audiences. Federated Environmental experts have earned the reputation for clear communication using compelling scientific visualization tools.
Federated Environmental’s litigation support skill set includes:
- Alternative dispute resolution – arbitration, mediation and facilitation
- Expert testimony (deposition and trial)
- Environmental forensic analysis
- Technical data analysis, research and investigations
- Case strategy development
- Federal and state regulatory negotiation
- Document inventory and management
- Expert reports, deposition, affdavits, and declarations
- Remediation/damages cost estimates
- Strategic planning
- Trial exhibits and graphics, including animation and 3D visualizations
Collaborative Expertise
We have successfully demonstrated our expertise in several environmental areas, including:
- CERCLA cost disputes and RCRA citizen suits
- Toxic tort class-action lawsuits
- NCP, NRD and environmental damages claims
- Water rights claims
- Insurance cost recovery
- Health risk assessment
- Multiple-party responsibility and cost allocation
- Property transfer cost recovery
From coast to coast, Federated Environmental litigation support experts build winning relationships with leading attorneys advocating on behalf of industrial companies, government agencies, landowners, developers and insurance firms.
Sample Litigation Support Projects
Project: County Condemnation and Taking of Private Property Adjacent to a Municipal Sanitary Landfill
Client: Private Property Owner vs. Baltimore County
Project Location: Baltimore District Court, Baltimore, Maryland
Federated Environmental was retained to provide Professional Testimony regarding the regulatory disposition and potential risks posed to the environment as related to Baltimore County’s proposed condemnation and taking of an acre of privately-owned land adjacent to the Hernwood Sanitary Landfill in Hernwood, Maryland. Baltimore County wanted to take the additional land for landfill perimeter testing purposes. Federated Environmental reviewed and commented on over 5,000 pages of environmental reports, maps, air photographs, legal documents, and reported testimony of nearby property owners. The Maryland District Court found sufficient evidence to support the legal taking of the property for landfill testing and monitoring purposes. Baltimore County compensated the private property owner by paying “fair market value” for the land.
Project: Cost Recovery Law Suit Against Contaminated Shooting Gallery Owners
Client: Chrysler First Business Credit Corporation vs. Private Business Owners
Project Location: Richmond County District Court, Augusta, Georgia
Federated Environmental was retained to provide Professional Testimony regarding the regulatory disposition and potential risk posed by lead-contaminated groundwater associated with a shooting gallery. The owners of the shooting gallery regularly flushed the shooting gallery floor clean with water that drained into an on-lot septic system. The shooting gallery property was serving as collateral for a loan. The owners, a man and his wide, co-owned the gallery and were in divorce proceedings. As a result of the divorce, the gallery owners were in arrears to their mortgage payments to the bank on the gallery. In addition to initiating foreclosure proceedings, the bank sued the property owners for the cost of investigating and remedial activities associated with the cleanup of the property including the groundwater, soils, air vents and ducts, and carpeting.
Federated Environmentalprovided Professional Testimony on the behalf of the lender and the State of Georgia. The Richmond County District Court awarded the lender the costs of investigating and remediating the subject property, in addition to completing the foreclosure and asset recovery proceedings.