Strategic Environmental Analysis, L.C.
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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

bullet Radioactive Waste Remediation
bullet Remediation Cost Allocation
bullet Natural Resources Damages
bullet Landfill Site    
bullet RCRA Cause of Action at CERCLA Site  
bullet Metal Smelter
bullet MTBE Migration Rates and Patterns 
Superfund Site Delisting Policy  

Insurance Coverage Cases – RCRA/CERCLA/CWA Actions

bullet Ethylene Dichloride (EDC) Spill
bullet Electronics Industry Waste
bullet Major Chemical Manufacturer – Nationwide Sites 
bullet Specialty Chemical Manufacturer  
bullet Chemical Manufacturer – Wastewater Lagoons
RCRA Corrective Action
bullet RCRA Corrective Action II
bullet Refinery Wastes I  
bullet Refinery Wastes II            
bullet Dry cleaning Wastes 

bullet Dry cleaning Wastes II
bullet Dry cleaning Wastes III
bullet Closure of Wastewater Lagoons at Manufacturing Site   
Surface Impoundment Retrofitting 

Business, Toxic Tort Cases

Remediation Waste Arbitration
bullet Role of a Patent
bullet Fraudulent Buyout 
bullet Anti-trust Defense 
Organic Chemical Exposures
bullet Organic Chemical Exposures II
bullet Wastewater Litigation Expert Regulatory Support  

Technical, Market Analysis Cases

bullet Hanford Tank Waste Remediation Project 
bullet EPA Steel Industry Wastes Study         
bullet Remedy Selection Under CERCLA
Soil Remediation Technology  

Regulatory Challenge, Enforcement Cases

bullet Coal Combustion Residuals Rulemaking
bullet RCRA Non-compliance at a Steel Plant
bullet RCRA Corrective Action
bullet Agricultural Wastes
bullet Unpermitted Burning
bullet High-Level Mixed Radioactive Waste - Permitting
bullet 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:

bullet 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