Major Chemical Manufacturer – Nationwide Sites
SEA prepared Expert and Rebuttal Reports and was deposed on two occasions in a case involving unit closures, groundwater monitoring, site investigation, corrective action, surface water discharges, and enforcement actions at multiple sites of a major chemical manufacturer. Opinions focused on distinctions between RCRA Corrective Action and CWA permit compliance and discretionary CERCLA actions. A model was also developed to distinguish between permit-related enforcement actions and “endangerment” actions. Research was conducted into historical industry and government knowledge of groundwater contamination by waste disposal practices. Also assisted in developing Deposition questions for and analyzing Reports of plaintiff's experts. Case settled in a manner favorable to the coverage group.