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Litigation Support

QES supports legal counsel and clients in litigation involving land contamination, from discovery and deposition phases through mediation and settlement.

Ms. Quinn has managed more than 25 litigation cases through discovery and deposition, and in mediation to achieve settlement. The work ranges from preparing testifying experts on fast-track schedules to critiquing an opposing party’s remediation cost estimates and presenting the technical argument directly to a mediating judge.

Because the same people who run the field programme also stand behind the analysis, the record stays consistent from data collection through deposition.

A 1965 black and white aerial survey photograph of an industrial and residential district, annotated with a north arrow and scale bar.
Historical aerial photography supports forensic reconstruction of land use where investigation data is thin.

Representative projects

Former oil production well field

As project manager for a confidential petroleum client, QES reviewed more than 15 years of historical data to prepare two testifying experts. The fast-track project covered over 500 areas of concern, including more than 150 former oil production wells, sumps and methane gas compressor stations, along with over 75 monitoring wells, 2,600 borings and 700 trenches. QES supported attorneys and testifying experts through both plaintiff and defendant depositions until settlement.

Former gun range, San Diego

QES reviewed a potential purchaser’s assessment of lead impacted soil and lead shot remaining on the property, and the cost to remediate. The review covered past land use records, periods of operation by various parties and lead shot reclamation activities to derive an estimate of remaining shot volume and associated impacted soil. QES prepared an expert report and supported expert witness testimony in deposition.

Active horse racing track facility

To negotiate reduced environmental damages and minimize property devaluation, QES evaluated site investigation data including a methane gas assessment related to a former oil production well field, plus petroleum and solvent impacted soil and groundwater data, to identify areas requiring further work for closure under the RWQCB Los Angeles Region. QES critiqued the buyer’s proposed approach and costs and developed an independent opinion. The transaction settled favourably for the client.

Former agricultural property

As project manager for a case involving land to be redeveloped for residential use, QES supported counsel in negotiations with the County District Attorney over the representative average concentrations of organochlorine pesticides in stockpiled soil and its proper disposition. QES characterized the stockpile in accordance with EPA SW-846 guidance. The case settled favourably and the soil was buried at a municipal landfill.

Former waste oil recycling facility

QES provided oversight of data collection by a neutral tester to develop discovery evidence in a dispute involving two properties and multiple parties, their counsel, technical consultants and insurance carriers. QES represented the claim defendant on a technical committee of the joint parties’ consultants, presented the case to the mediating judge, and was deposed as a percipient witness.

Industrial client ending a 50-year lease

QES reviewed property development and land use history to distinguish chemical impacts to soil that likely occurred during the lease period from those that predated it. Much of the case relied on forensic analysis of historical aerial photographs with limited investigation data available. Remediation costs attributable to the lease period were assessed and considered in settlement negotiations.

Superfund operable unit oversight

QES provided technical oversight and guidance to a team of attorneys, client executives in environmental and government affairs, and consultants for a potentially responsible party in a Superfund operable unit involving volatile organic compounds and emergent contaminants including hexavalent chromium, 1,2,3-trichloropropane, perchlorate, 1,4-dioxane and n-nitrosodimethylamine.

Eminent domain, Port of Los Angeles

Where eminent domain was exercised to acquire a truck loading facility as part of the Alameda corridor widening, QES managed litigation support, liability control, and site investigation and remediation at a multiple source site including a 25,000-gallon underground storage tank. Environmental liabilities and costs were negotiated into the acquisition price and pollution legal liability insurance was secured before purchase.

Tell us about the site and the deadline

Call or write and you will speak with the people who will do the work. We will tell you plainly what a defensible path forward looks like.