Case Study

Electronics Industry Waste

SEA Served as a RCRA/CERCLA regulatory and cost expert. Provided Expert Trial testimony, and prepared Trial exhibits and an Expert Report in a State-level insurance coverage case involving unit closures, groundwater monitoring, site investigation, corrective action, enforcement actions, and historical knowledge of groundwater contamination at an electronic manufacturer in the West. Also, provided a breakdown of RCRA compliance-related costs at Trial, and assisted in cross-examination of plaintiff's experts. Trial testimony was instrumental in a Bench ruling that all costs associated with RCRA closure, monitoring, permitting and RCRA corrective action investigation and assessment activities were considered compliance costs needed to maintain business operations. Testimony also: 1) distinguished enforcement actions that are the functional equivalent of regulatory compliance from those which go beyond compliance requirements; and 2) detailed the individual elements of the claim that were attributable to RCRA or state regulatory compliance or business maintenance costs. Bench ruling reduced the claim by over 60% based on my testimony and Report.