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Expert Witness/Litigation Support
Strategic Environmental Analysis, L.C. (SEA) is an environmental management consulting firm that serves clients in the hazardous waste, radioactive waste, solid waste, recycling and wastewater fields by analyzing the impact of business, regulatory and technology factors on the environmental services marketplace, and by devising strategies to cope with future market conditions. SEA's areas of practice include custom market surveys, due diligence investigations, regulatory analysis, RCRA expert witness testimony, Superfund expert witness testimony, general litigation support, technology assessments, multi-client research, policy development and representation projects. Clients of SEA include members of the business, legal, financial, engineering and insurance communities, members of the Fortune 500, environmental groups, as well as the EPA, DOE, DOJ, and the State Department.
SEA, L.C. specializes in litigation support by serving as a testifying expert; performing targeted market or regulatory research; consulting during case investigation, settlement; developing a cross-examination strategy of other experts; and performing cost/compliance analysis and/or benefits analysis using the EPA BEN Model and other metrics. SEA has worked on behalf of numerous firms in environmental coverage, compliance and enforcement cases, arbitrations, cost allocation cases and toxic torts cases involving Federal and State environmental statutes, but specializes in Federal RCRA, Superfund (CERCLA), Clean Water Act (CWA), TSCA and related state statutes. SEA expert experience includes numerous cases involving groundwater contamination from chlorinated solvents and other contaminants at Superfund (CERCLA) and RCRAs Corrective Action sites or cases involving RCRAs Lagoon Retrofitting, Land Disposal Restriction and Closure Provisions among many others.
The President of SEA, Mr. Richard Fortuna has served as a RCRA Expert Witness, Superfund Expert Witness (CERCLA Expert Witness), Hazardous Waste Regulation Expert Witness, Hazardous Waste Management Expert Witness, and/or Industry Practices Expert Witness in over 20 legal, administrative and regulatory proceedings in Federal, state and local courts for a variety of clients over the past 32 years. These cases typically require expertise in the origins, purpose, policy and implementation history of the relevant statute, particularly RCRA, CERCLA and the Clean Water Act. Mr. Fortuna has been admitted as a RCRA, CERCLA (Superfund), industry practices and/or Clean Water Act Expert witness in Federal, State and local courts and EPA ALJ proceedings. In addition, SEA maintains a vast archive on historical industry waste management practices and state-level regulatory programs.
Mr. Fortuna is considered one of the foremost experts on RCRA and Superfund (CERCLA) origins, purposes, provisions and implementation. Mr. Fortuna is one of the few individuals who has: 1) personally developed provisions of the RCRA and CERCLA (Superfund) legislation; 2) followed and affected their implementation for nearly thirty years; and, 3) witnessed firsthand the response of regulated industry to the changing nature of federal and state legislation and regulations in this area. Summarized below are SEA’s significant accomplishments as a RCRA Expert Witness, Superfund Expert Witness (CERCLA), Industry Practices Expert Witness, or Clean Water Act Expert witness. > RCF Resume
Superfund (CERCLA) Cases
Radioactive Waste Remediation
Remediation Cost Allocation
Natural Resources Damages
Landfill Site
RCRA Cause of Action at CERCLA Site
Metal Smelter
MTBE Migration Rates and Patterns
Superfund Site Delisting Policy
Insurance Coverage Cases – RCRA/CERCLA/CWA Actions
Ethylene Dichloride (EDC) Spill
Electronics Industry Waste
Major Chemical Manufacturer – Nationwide Sites
Specialty Chemical Manufacturer
Chemical Manufacturer – Wastewater Lagoons
RCRA Corrective Action
RCRA Corrective Action II
Refinery Wastes I
Refinery Wastes II
Dry cleaning Wastes
Dry cleaning Wastes II
Dry cleaning Wastes III
Closure of Wastewater Lagoons at Manufacturing Site
Surface Impoundment Retrofitting
Business, Toxic Tort Cases
Remediation Waste Arbitration
Role of a Patent
Fraudulent Buyout
Anti-trust Defense
Organic Chemical Exposures
Organic Chemical Exposures II
Wastewater Litigation Expert Regulatory Support
Technical, Market Analysis Cases
Hanford Tank Waste Remediation Project
EPA Steel Industry Wastes Study
Remedy Selection Under CERCLA
Soil Remediation Technology
Regulatory Challenge, Enforcement Cases
Coal Combustion Residuals Rulemaking
RCRA Non-compliance at a Steel Plant
RCRA Corrective Action
Agricultural Wastes
Unpermitted Burning
High-Level Mixed Radioactive Waste - Permitting
State Financial Responsibility Requirements
Legal Challenge to State Siting Requirements
Boilers and Industrial Furnaces
Petroleum Waste Listing Litigation
SEA, L.C. has worked on numerous litigation-related investigations, defenses and rebuttals, including:
Compliance Expense
Compliance Avoidance Expense
Compliance Anticipation Expense
Enforcement Actions
Routine or Voluntary Business Expenses
Maintenance Expense
Equipment Replacement Due to Expiration of Useful Life
Management Initiative to Keep Pace with Competitors, Liability Avoidance, Public Relations
TRI Reporting
Excessive Cost Billed for Remedial Activities
Sale of Property, Enhance Investment Value
Industry Knowledge (Expected or Intended)
Government Knowledge
"Operational" v. "Remedial"
RCRA Corrective Action = Superfund
"Environmental Harm" = Threat of Contamination
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