EXPERIENCE
Proven Results
ENVIRONMENTAL MANAGEMENT
Financial Responsibility and Liability Management
Project Manager and/or Professional Responsible in Charge for Multiple Clients and Project Locations Throughout U.S. Work included financial forecasting and project lifecycle plans based on potential laibility and business plans. Professional Responsible in Charge for assessments of gasoline and diesel fuel hydrocarbons and volatile organic compounds in soil and groundwater at over 600 retail service stations, bulk distribution plants and terminals, refineries, upstream oilfields, mid-stream pipeline facilities, gas plant, truck stops, airports, and municipal properties.
CLAIMS SUPPORT
Maximizing Claims Outcomes for Matters Across the United States
Reviewed technical data upon receipt of environmental claims for over 200 cases to evaluate the merit of the claim, potential environmental responsibility, recommend denial, settlement offers or financial allocations, and pertinent financial responses supported by technical rationale. Includes attending settlement meetings and mediations, and mediation brief support, as applicable.
Alternative Dispute Resolution
Dispute between 2 Fortune 500 Major Oil Companies:
Technical expert for over 30 binding (baseball style) arbitration hearings, which included preparing position outlines, position papers, rebuttals, proposed allocations, and presentations to arbitrators. Projects consisted of retail service stations, bulk distribution plants, terminals, and manufactured gas plants (MGP).
TRANSACTIONS AND DUE DILIGENCE
A Story of Success
Liability Transition:
Assisted client in transition of liability of environmental cases in the Pacific Northwest to former operator. Work included review of existing environmental status, review of baseline activities performed by others, development of Lifecycle Clean-up costs, statistical analyses in accordance with contract to establish 80% upper confidence level (UCL), preparation of pertinent information to include in Request for Qualifications (RFQ) submitted to insurance companies (i.e., to allow quoting of environmental policies), and assisting client in final settlement negotiations. Project liability was successfully transitioned to the former property operator.
Liability Buy-Outs
Prepared Lifecycle Cost to Closure forecasts for singles and portfolios of sites (ranging from 6 to 134) to allow ongoing dialogue between various corporations regarding potential liability buy-outs.
Due Diligence Prior to Purchase, Facilities throughout US
Summary of Findings: Reviewed summary of compliance performance, regulatory compliance, and receptors. Prepared a summary of findings for approximately 55 facilities prior to purchase by client
OUR PROJECTS
TECHNICAL LEGAL AND LITIGATION SUPPORT
Lawsuit filed against confidential Fortune 500 Major oil company in United States District Court, Central District of California. The operative complaint in the Action is for response cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
Work included ongoing advice based on technical data review, mapping, source identification, age dating, and preparation of remedial lifecycle cost estimates. Also includes review and rebuttal of other expert opinions.
Lawsuit filed against a confidential Fortune 500 major oil company in Superior Court for the State of California for Equitable Contribution and Equitable Indemnity. Work includes technical review, source(s) identification, and development of position and writtent position and conclusions.
Lawsuit filed in Superior Court of Washington in and for King County against confidential Fortune 500 major oil company for Damages and Declaratory Judgement. Work included review of Discovery Material, development of financial models, review and comment on Experts Reports, and attending Mediation, which accomplished a settlement.
EXPERT WITNESS
Expert Witness:
Outside Counsel for Confidential Fortune 500 Major Oil Company
Santa Rosa, California property:
Represented defendant for legal suit brought against client for claimed environmental costs incurred during development of property, including removal and disposal of soil containing lead. Prepared Expert Report for counsel use on behalf of client. Parties Settled.
Expert Witness:
Outside Counsel for Confidential Fortune 500 Major Oil Company
West Hollywood, California property:
Represented defendant for suit brought against client for claimed environmental costs incurred during excavation to about 50 feet below grade to facilitate underground parking at a proposed hotel site, including excavation and soil transport and disposal. Parties Settled
Expert Witness:
Outside Counsel for Fortune 500 Major Oil Company
State of Washington property:
Represented defendant for suit brought against client for claimed environmental costs incurred during development. Work included data review and preparation of Expert Report and attending deposition.