Environmental Litigation Associates (ELA)
Selected Recent Investigations
Updated: January 1, 2006

19. A previous owner of an electroplating company sold the operations, and after 7 years, the new owner accused previous owner of major offsite spill of metal-rich process water or wastewater. An ELA Principal (MDC) was engaged to investigate the available data and opine on the likely causes(s) of the metals contamination once present in the soil before removal operations were conducted by the present owner. The investigation is presently under way.

18. A prominent agricultural producer allowed a major natural gas company to drill, produce, and distribute natural gas from company lands. An ELA Principal (MDC) was engaged to investigate the likely environmental impact to lands and associated ground water and surface water now that production has ceased if a network of pipelines is not removed from below sensitive agricultural soils according to an original agreement between the parties. The investigation has been completed.

17. A company dealing in oil and gas field equipment has applied brine over the past few years in a State-permitted activity to reduce dust on their property. Adjacent property owners have indicated that drinking water from their original, shallow water wells tasted salty and have brought suit against the company for contaminating their drinking water with brine. An ELA Principal (MDC) was engaged to conduct hydrogeologic investigations to determine the likely cause(s) of the alleged contamination. The investigations are presently under way.

16. A commercial real-estate transaction came under dispute on the basis of the identification of asbestos materials in the subsurface after the transaction had closed. An ELA Principal (MDC) was engaged to evaluate the environmental consultant's activities during its Phase I Environmental Site Assessment, in light of the consultant's responsibility, experience, staff capability, field procedures and associated ASTM guidelines and industry standard of care. The evaluation has been completed.

15. A manufactuer of stainless steel casing engaged an ELA Principal (MDC) to conduct preliminary investigations and to review available information on the likely cause(s) of casing failures in two large-diameter, high-capacity water wells during completion activities of wells located in an agricultural district of the western U.S. The investigation has been completed.

14. A rancher in the southwest U.S. reported his private water well system began pumping bad water after a work-over on a nearby producing gas well. An ELA Principal (MDC) was engaged to investigate the likely source of the contamination. A hydrogeologic evaluation has been suspended.

13. The unexplained deaths of a number of calves led a rancher in the mid-continent U.S. to initiate investigations downstream from a commercial disposal well facility used by the oil & gas industry in the region for possible causes of the deaths. An ELA Principal (MDC) was engaged to conduct Phase I and II investigations involving monitoring well installation, stream sampling, and hydrogeologic analysis of the area. Investigations presently underway.

12. Lead has appeared in anomalous concentrations in drinking water within the home from a domestic rural water system located in the northeast U.S. An ELA Principal (MDC) was engaged to sample and evaluate likely source(s) of the lead and associated constituents, some of which may have played a role in the learning disabilities reported in the youngest child of the rural family. Case settled.

11. A large real estate company engaged an environmental consulting firm to conduct Phase I and Phase II Environmental Site Assessments for a large multi-property shopping center transaction. Initial findings by the consultant led the real-estate company to close on the deal. Subsequent investigations by a second consultant found DNAPL associated with dry-cleaners located on the properties. An ELA Principal (MDC) was engaged to evaluate the initial consultant's activities in light of the consultant's experience, staff capability, field procedures and related ASTM guidelines and industry standard of care. Case went to trial and then settled.

10. A major environmental consulting firm was concerned about the accuracy of a large electronic database. An ELA Principal (DAF& WSH)) was selected to provide and manage a team of professionals to compare the electronic database with original laboratory reports and third-party validation reports. The project team reviewed and verified sample ID, result, CAS number, analyte, result, qualifiers, location, and units. The review resulted in over 200,000 recommended changes. Case settled.

9. Another major environmental consulting firm had concerns about the quality of environmental data produced by a client-contracted laboratory. An ELA Principal (WSH) was engaged to audit the laboratory. The subsequent audit confirmed that the laboratory's Quality Assurance Program (QAP) was not implemented. Severe deficiencies were found in the laboratory's software package and QAP. Case settled.

8. An environmental consulting and engineering firm was under pressure to finish a large field investigation very quickly. An ELA Principal (WSH) was engaged to coordinate the activities of several chemist and to ensure that the project was completed satisfactorily and on schedule. The Principal also conducted laboratory audits, field and sampling audits, electronic database review, and coordinated third-party data validation. Case settled.

7 . A pathogenic variant of E. coli, O157:H7, has appeared as the likely source of illness in a rural family. An ELA Principal (MDC) was engaged to assess the likely source(s) of the pathogenic bacteria. The area is characterized by numerous, closely spaced, small farms, with cattle, sheep, wildlife, septic tank systems, and a stream, all in the immediate vicinity of a water well used as a source of drinking water. Investigations have been completed. Case settled.

6. A service station proprietor was accused by the land owner of contaminating soil and ground water with BTEX and MTBE. An ELA Principal (MDC) was engaged to review the available sampling and hydrogeologic data and determined that the the owner's consultant was less than forthcoming concerning the data used to characterize the ground-water conditions and the configuration of the plume of contamination. When using all of the relevant data, the source of the contamination was found to be more likely an adjacent car wash facility. Parties have settled the dispute.

5. A major sand and gravel company's consultant drilled on portions of a potential lessor's land without permission on the basis that "the company was doing the land owner a favor." The company is suing the land owner for breach of contract (i.e., alleged failure to honor their rights to conduct mining operations on the subject land). An ELA Principal (MDC) reviewed the issues of the case and found that the company overstepped the agreement and violated the landowner's rights to limit ingress according to standard industry practice. Settled.

4. The failure of a high-capacity water well owned by municipal utility district prompted management to turn to their insurance company for funds to replace the well, according to the terms of the policy. An ELA Principal (MDC) conducted a preliminary investigation and found evidence to suggest that regional soft-sediment faulting caused the well structure to fail. As a result of more than 25 years of vertical stress caused by land subsidence associated with ground-water production with minor lateral movement in the subsurface, the well screen ruptured and catastrophic failure of the well resulted. Case settled in pre-trail.

3. A major chemical plant is suing its previous consultant for exacerbating DNAPL contamination below its production facility during and after an ill-conceived monitoring well drilling program. An ELA Principal (MDC) was asked to review the relevant information and to determine if the consultant's activities were likely responsible for the DNAPL contaminating the deep aquifers. The Principal found that the consultant and their contractors were culpable and should be held responsible for contributing funds for assisting in the clean-up of the deep aquifers below the plant. Case settled.

2. The National Contingency Plan (NCP) of the 1970s was invoked in an attempt to force an industrial company to join a group of PRPs to clean up a Midwest dump. An ELA Principal (MDC) was engaged to evaluate claims made by ex-EPA consultants for the plaintiffs that the NCP carried weight when applied to inland contamination in the mid-1970s. The Principal found that the NCP had no impact on parties involved in ground-water contamination occurring some distance away from the waters of the United States because the NCP had not been equipped yet with the necessary capabilities to implement such intentions and associated provisions. Case settled.

1. A municipal water supply operator was sued by the community it served for allowing benzene to be distributed in the water supply. An ELA Principal (MDC) was engaged to investigate the possible source of the benzene and determined that 1) testing was not required by the operator, and hence did not know of the presence of benzene, and 2) the source of the benzene was likely the gas-producing formation below the drinking-water aquifer breached by overdrilling in the confining unit separating the aquifer from the gas-producing sand below. A jury trial found in favor of the plaintiff, but the finding is under judicial review.

Other case summaries are available upon appropriate request.