Representative Project Descriptions:

  • Litigation Support through Deposition and Settlement – As project manager for a confidential petroleum client, QES reviewed more than 15 years of historical data related to a former oil production well field to prepare two testifying experts. This fast-track project involved review and evaluation of data collected at over 500 areas of concern (more than 150 former oil production wells, and sumps, methane gas compressor stations, and other oil production support facilities), including over 75 monitoring wells, 2,600 borings, and 700 trenches. QES directly supported attorneys and the testifying experts through both plaintiff and defendant depositions until settlement was achieved.
  • Litigation Support through Deposition – For a former gun range in San Diego, QES reviewed a potential purchaser’s assessment of the extent of lead impacted soil and lead shot remaining on the property, and the cost to remediate impacted materials. The assessment included review of past land use records, including gun range periods of operation by various parties, and lead shot reclamation activities, to derive an estimate of the potential volume of lead shot remaining on the property and extent of associated lead impacted soil. QES reviewed several years of investigation data throughout the 5-acre site and considered regulatory agency thresholds and site specific risk levels for lead in soil to critique the cost analyses. QES prepared an expert report and supported an expert witness testimony in deposition.
  • Litigation Support and Settlement – In order to successfully negotiate reduced environmental damages and minimize property devaluation related to an active horse racing track facility, QES evaluated available site investigation data, including a methane gas assessment related to former oil production well field, and petroleum and solvent impacted soil and ground water data, to identify areas potentially requiring additional investigation and/or remedial action in order to achieve site closure under the RWQCB-LA Region. QES critiqued alternative potential investigation and remedial action approach and associated costs proposed by the buyer, and developed an impendent opinion. Based on third party review, the transaction was settled favorably for the client.
  • Litigation Support, Agency Negotiation – As Project Manager for a litigation case involving a former agricultural property to be redeveloped for residential use, QES supported legal counsel in negotiations with the County District Attorney to resolve a dispute about the representative average concentrations of organochlorine pesticides in stockpiled soil and its proper disposition. QES characterized the stockpiled soil in accordance with the EPA SW-846 guidance. The case was settled favorably for the client and the soil was buried at a municipal landfill.
  • Mediation – For a former waste oil recycling facility, QES provided oversight of data collection by a “neutral tester” to develop discovery evidence in a dispute involving two properties and multiple parties and their legal counsel, technical consultants, and insurance carriers. QES represented claim defendant on a Technical Committee of the joint parties’ consultants to implement site characterization. QES presented the case to the Mediating Judge, and has represented the defendant in joint party negotiations and discussions with the Special Master overseeing the data collection effort to support the litigation. Deposed as percipient witness on this case.
  • Mediation – For an industrial client ending a 50-year lease, QES reviewed property development and land use history to identify and characterize chemical impacts to soil at the property that likely occurred during the lease period, and those that likely occurred prior to the lease. Much of the case relied upon forensic analysis of historical aerial photographs, with limited investigation data available. Remediation costs for impacts resulting during the lease period were assessed and considered in settlement negotiations. QES presented the technical argument and cost basis before the mediating judge, and the case was settled favorably for the client.
  • Oversight – QES provided technical oversight and guidance to a team of attorneys, client executives in environmental and public/government affairs, and consultants for a Potentially Responsible Party (PRP) in a Superfund operable Unit involving volatile organic compounds (VOCs) as well as emergent contaminants (hexavalent chromium, 1,2,3 trichloropropane [1,2,3 TCP], perchlorate, 1,4,-dioxane, and n-nitrosodimethylamine [NDMA]). Project involved multiple stake holders, including other PRPs, local, state and federal environmental agencies, and municipal ground water purveyors.
  • Eminent Domain – For the Port of Los Angeles where eminent domain was exercised to acquire a property occupied by a truck loading facility as part of the Alameda corridor widening, QES managed litigation support, liability control, and site investigation and remediation at a multiple source site including a 25,000-gallon underground storage tank. As part of this comprehensive project, litigation support was provided to the City Attorney for purchase of a former truck loading facility. Environmental liabilities and costs were successfully negotiated into the property acquisition price and Pollution Legal Liability Insurance was secured for the client prior to the purchase of limited liability insurance.