Environmental Litigation and Expert Services

Environmental Litigation and Expert Services overview

DBS&A provides technical expertise to attorneys and mediators in support of environmental, water resource, and water rights legal disputes.

We offer technical expertise in:

  • Providing technical assistance during litigation, mediation, settlement negotiations, or alternative dispute resolution (ADR)
  • Developing expert opinion reports and declarations
  • Providing expert testimony and depositions
  • Providing confidential consulting during all phases of dispute resolution
  • Developing and managing environmental databases, courtroom exhibits, and visualizations

DBS&A experts have a reputation for possessing technical integrity and offering expert opinions based on sound science. Our staff includes specialists in hydrology, hydrogeology, geochemistry, and contaminant fate and transport, and has presented expert testimony and deposition in cases involving:

  • Indoor air vapor intrusion of chlorinated solvents (e.g., trichloroethene [TCE]) and petroleum hydrocarbons)
  • Water rights, groundwater resources transfers, disputes, and basin adjudication
  • Due diligence for real estate and business transactions and land development
  • Groundwater and soil contamination and site remediation, including for chlorinated solvents, DNAPL, perchlorate, pesticides, heavy metals, radionuclides, coal ash constituents, petroleum hydrocarbons, and LNAPL
  • Federal environmental regulatory programs (e.g., CERCLA, RCRA) and state regulatory programs
  • Environmental damages and human health risk assessment
  • Oil and gas production and brine discharge
  • Forensic environmental investigations (e.g., age-dating of environmental releases)
  • In-situ uranium-leaching operations
  • Total maximum daily load (TMDL) and waste load allocations
  • Identification of potentially responsible parties (PRPs)
  • Multi-party remedial and site-investigation cost allocation
  • Toxic torts
  • Waste disposal facility closure, including evapotranspiration (ET) and water balance covers
  • State and federal regulations and permit applications, including New Mexico’s Water Quality Control Commission (WQCC) Copper Rule; U.S. EPA underground injection control (UIC) regulations relating to in-situ uranium leaching, geologic sequestration of carbon dioxide (carbon management services) and brine injection; and National Pollutant Discharge Elimination System (NPDES) waste discharge requirements.
  • Contaminated sediment source investigations and remedial programs (e.g., for poly-chlorinated byphenyls [PCBs]) in contaminated waterways.

Technical Experts

Expertise

  • Groundwater contamination
  • Water resources
  • Groundwater modeling

Expertise

  • Groundwater and contaminant transport modeling
  • Water rights analysis
  • Water supply investigations

Expertise

  • Geographic information systems (GIS)
  • Aerial and satellite imagery analysis
  • Environmental database development

Expertise

  • Quantitative contaminant hydrogeology
  • Environmental Investigation and remediation
  • Environmental liability management and consulting

Expertise

  • Well design and construction
  • Well evaluation
  • Well rehabilitation

Expertise

  • Geotechnical engineering
  • Geoenvironmental engineering
  • Earthquake engineering

Expertise

  • Groundwater supply development
  • Sustainable Groundwater Management Act (SGMA)
  • Water rights

Expertise

  • Groundwater and vadose zone flow and transport modeling
  • Contaminant fate and transport
  • Basin-scale hydrologic studies and safe-yield analysis

Expertise

  • Hydrogeology
  • Environmental forensics
  • Remedial action programs

Expertise

  • Hydrogeology
  • Environmental forensics
  • Contaminant fate and transport

Expertise

  • Watershed modeling for water rights
  • Contaminant fate and transport modeling

Contaminated Sites

Working closely with clients to develop effective strategies to resolve environmental concerns related to contaminated soil, groundwater, sediment, and indoor air, our experts are able to quickly integrate complex technical and legal issues to provide efficient solutions. We have provided expert support to clients on contaminant issues at landfills, industrial facilities, refineries, gasoline stations, and dry cleaning facilities. Our experts often utilize technical tools, such as databases, GIS, environmental forensics, and modeling, to perform complex technical analyses that stand up to technical and legal scrutiny. DBS&A staff members have provided expert opinions and testimony in both state and federal court to resolve a wide range of environmental characterization, monitoring, and remediation problems.

For example, we routinely perform quantitative evaluation of non-aqueous phase liquid (NAPL) migration and groundwater impacts from solvent releases, leaking tanks, and pipeline leaks; site investigations and remedial action alternatives analysis associated with RCRA  and CERCLA corrective action programs; vapor intrusion risk assessment consistent with U.S. EPA and state protocols; and development of cost allocations for remedial cost recovery.

Indoor Air Vapor Intrusion and Risk Assessment

The potential for subsurface vapor migration and vapor intrusion into indoor air has in recent years become the primary regulatory driver at many volatile organic compound (VOC) contamination sites. For more than 20 years, DBS&A’s scientists and engineers have provided expert witness support on vapor intrusion-related matters. Read more about DBS&A’s experience with environmental risk characterization, site investigation, modeling, and navigating regulatory guidance on vapor intrusion.

Air Vapor Intrusion

Mining

DBS&A staff members have provided expert testimony in support of permit acquisition, renewal, or variances, and development of regulations, such as for the New Mexico Copper Rule.

PFAS Investigations

DBS&A’s team of scientific experts and environmental professionals have experience investigating poly- and perfluoroalkyl substances (PFAS) impacts to groundwater, soils, and sediment. Since 2002, DBS&A has provided expertise related to litigation on several PFAS matters and supported several municipalities in delineating PFAS contamination in Arizona, California, Michigan, New Mexico, and West Virginia. Our experts have lectured on PFAS forensics methodology to several professional organizations including Law Seminars International (LSI), American Groundwater Trust (AGWT), and the National Groundwater Association (NGWA), and are members of the NGWA PFAS Working Group.

Learn more about PFAS and DBS&A’s project experience.

PFAS landfill

Vadose Zone Hydrology

DBS&A is distinguished by an established expertise in vadose zone processes, an often overlooked but necessary field of study for full understanding of contaminant fate, as well as transport and water resources planning. We have provided expertise on technical issues related to litigation and other investigations that have included characterization of the vadose zone, including numerical modeling of volatile organic compound (VOC) transport, identifying the source and distribution of contaminants attributed to numerous Potential Responsible Parties (PRPs), and groundwater recharge from precipitation and waste-discharge activities. Read more.

Water Rights and Disputes

The process of applying for or transferring water rights can be technically complex and legally cumbersome, and disputes over water rights can be highly contentious. DBS&A professionals have the technical expertise and experience with legal and regulatory programs to assist clients with negotiation for purchase, lease, or transfer of water rights, and provide expert testimony when necessary. Read more about DBS&A’s capabilities related to technical hydrologic analyses and water rights.

Technical analyses may include development of groundwater models; identification or evaluation of the potential water resources and water rights available to support new or existing needs; hydrogeologic analyses to establish well yields, water quality, and safe yield of groundwater basins; and negotiation for purchase, lease, or transfer of water rights. In addition to our technical expertise, our staff have expertise in working within the frameworks of state adjudication and administrative processes, interstate water compacts, pueblo and tribal water rights, and other agreements and operational protocols under which water rights are administered. Read more about how our water resource professionals provide litigation support related to state-specific water laws, such as the Sustainable Groundwater Management Act (SGMA).