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I2M Associates, LLC offers experienced engineers, geologists, hydrogeologists, and other scientists with many years in environmental assessments, including remediation management, mineral exploration and mining, project management, and mergers and acquisitions. Related areas of expertise include forensic and feasibility studies in the environmental and mining industries, and environmental site assessments, due diligence assessments, and impact assessments in addition to brownfield redevelopment and management (as well as grant application assistance) in the U.S, and for state and the U.S. governments, and the legal community around the U.S.

Case Histories

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1810 Elmen Street, Houston, Texas 77019

Phone: 713.807.0021

Mobile: 713.248.1708

Fax: 713.807.0985

Litigation Support

Litigation Support 2017-02-14T02:16:29+00:00

In addition to consulting-project activities, Mr. Bost and Mr. Campbell of I2M Associates have provided litigation support and expert witness testimony over more than 20 years and have been involved in cases in Texas, Louisiana, Oklahoma, Arizona, Kansas, Ohio, Georgia, Kentucky, Pennsylvania, North Carolina, Oregon, Virginia, Indiana, Nevada, Tennessee, New York, California, Washington, and Washington, D.C.

court roomI2M personnel have performed investigations and provided technical support and associated reports on contaminant transport and hydrogeological conditions of hazardous constituents in a variety of geographical and geological settings. They have provided opinions on drilling and monitoring well installation and sampling, sampling of soils and sediments, on CERCLA and RCRA issues, including activities related to the National Contingency Plan (NCP), and also on forensic investigations of contaminated water supplies involving E. coli, Naegleria fowleri, and metals. Other types of projects include investigations on PCE contamination from dry-cleaning facilities and other common sources of soil and groundwater contamination.

Mr. Bost is a licensed environmental engineer and geoscientist (in soils) in Texas and is considered an expert in historically accepted practices and evolution of environmental regulations in North America, including Alaska, Hawaii, Canada, Mexico and Latin America. Mr. Bost has withstood Daubert-like challenges as testifying expert in multiple cases, in South Carolina, Mississippi, Louisiana, Arkansas, Oklahoma and Texas. Designated expert for cases in over 32 states. Lead expert teams for major plaintiff tort claim cases on behalf of PPI, Vertac, Hardage, Koppers, Conoco and Kerr McGee. Designed remedial plans for chromium and other metals in soils and groundwater, chlorinated solvent and petroleum hydrocarbon plumes in complex and multiple-aquifers settings. Utilized modeling to document effectiveness of active remediation and passive in situ bioremediation. Background level sampling and source forensics for multiple projects. Developed advanced site investigation and groundwater remediation technologies. Engineering and permitting for chemical plants, refineries, pipelines, terminals. and power plants. Provided testimony in two federal cases in which Federal Judge overturned EPA remedy selection.

Based on extensive interdisciplinary experience, the I2M team also has substantial experience in projects for industry and in litigation involving mining, mineral exploration, and mining-property assessment and development, mine de-watering, and ground-water supply projects. I2M Associates personnel have held senior-level industrial management positions in the mining and petrochemical industries and associated engineering consulting firms. Mr. Campbell and his team presented a three-part paper on litigation and the geosciences, see Part I (here), Part II (here), and Part III (here). More recently, similar issues were addressed regarding environmental, health, and property damage issues confronted by litigants opposing hydraulic fracturing and oil and gas production in Texas (more).

Mr. Campbell is a licensed geologist and hydrogeologist in numerous states and overseas (see his CV), and has undertaken a variety of cases, 99% of which have been settled long before trial. In one plaintiff case, ranch and stock-water supply wells had been impacted by brine from an evaporation pit owned by an oil and gas production company operating in West Texas. Other cases involved alleged groundwater contamination of local, rural water supply wells adjacent to a large petrochemical complex, and project-cost allocations of groundwater investigations originating in and around an operating plant handling PCBs and solvents such as PCE, TCE, and PCA. For a review of selected projects and cases undertaken by I2M Associates personnel over the years, see the summaries below.

Mining and landfill cases have involved assessments of cost and activity of a mining contractor on a project in Nevada and a landfill-permitting case, the former engaged by plaintiff attorney and the latter for the defendant. Other cases have included reviews of expert reports (both defendant and plaintiff), and analyses of expert witness testimony during and after depositions, case structure, and technical execution of consultant activities. I2M personnel also have supervised field investigations to provide independent validation of the hydrogeologic and geologic conditions present for a variety of objectives. Mr. Campbell served as a member of the Editorial Board of the International Journal of Environmental Forensics during the period: 2000 to 2003.

Cases by Mr. Bost:

Mr. Bost is a licensed environmental engineer and a licensed geoscientist (in soils) in Texas. His cases also represent a wide variety of issues.

A summary of selected cases undertaken by the I2M team (with Mr. Bost as lead expert) over the past 20 years are included below:

  • Prepared expert reports or testimony in CERCLA Superfund Site litigation regarding groundwater-impact issues in multiple states.
  • Provided expert consultation for litigation regarding oil well blowouts, pipeline spills, salt water intrusion, aquifer depletion and mineralization and remedial planning for impacted aquifers in multiple states.
  • Provided expert assessment for a patent infringement case regarding wastewater treatment technologies.
  • Provided expert testimony regarding chlorinated solvent plume and treatment systems for recovered groundwater for Silicon Valley clients.
  • Critiqued plaintiffs’ hydrogeologic and risk/IH expert reports for toxic tort cases associated with chemical plants, wood-treating facilities, solvent sites, fabricating and manufacturing and other industrial facilities in U.S. and Mexico.
  • Assisted several clients with remediation liability estimation and portfolio management and Sarbanes Oxley reporting taking into account the different regulatory requirements in the different states in the U.S., different provinces in Canada and different states in Mexico.
  • Provided critique of government experts and supported Daubert challenges of regulatory experts, challenged successfully notices of violations in response to NEIC audits, refuting agency claims.
  • Modeled innovative groundwater remediation systems for lagoons, impoundments, land farms, landfills and waste areas using agricultural drainage system and oil extraction technologies for the purposes of litigation.
  • Provided expert testimony in industrial redevelopment hearing regarding disposal and treatment alternatives, public interest, geological considerations, sustainability and market demand issues. Expert consulting relative to hazardous waste unit design and management, retrofitting, permitting, and closure, including closure of lagoons, ponds and landfills in multiple states.
  • Expert services regarding surface water, groundwater and air release damage claims related to power plant and lignite mining operations, oil and gas production activities, refinery, petrochemical and chemical plant upsets and releases, pipeline releases and derailments.
  • Expert consultant to investigation and remediation teams for over 40 industrial plant areas at Superfund Sites in Oklahoma, California, Washington, Pennsylvania, Indiana, Texas, Louisiana, South Carolina, Arkansas and New Jersey; expert reports were cited in Associates, LLC Environmental, Inc.
  • Mr. Bost has withstood Daubert-like challenges as testifying expert in multiple cases, in South Carolina, Mississippi, Louisiana, Arkansas, Oklahoma and Texas. Designated expert for cases in over 32 states. Lead expert teams for major plaintiff tort claim cases on behalf of PPI, Vertac, Hardage, Koppers, Conoco and Kerr McGee. Designed remedial plans for chromium and other metals in soils and ground water, chlorinated solvent and petroleum hydrocarbon plumes in complex and multiple-aquifers settings. Utilized modeling to document effectiveness of active remediation and passive in situ bioremediation. Background level sampling and source forensics for multiple projects. Developed advanced site investigation and ground water remediation technologies. Engineering and permitting for chemical plants, refineries, pipelines, terminals. and power plants. Provided testimony in two federal cases in which Federal Judge overturned EPA remedy selection.
  • Provided expert testimony regarding hydrogeologic characterization and remedial requirements for Superfund Sites with complex geology and mass transport pathways in Oregon, Washington, California, Colorado, Oklahoma, Texas, South Carolina, Indiana, Ohio, Mississippi and Pennsylvania.
  • Prepared expert reports and affidavits supported state and federal court decisions regarding cost recovery cases in Texas, California, Oregon, Colorado, Illinois, Indiana, Oklahoma, Louisiana, Mississippi and South Carolina.
  • Withstood Daubert-like challenges in federal courts in California, Oregon, South Carolina, Arkansas, Oklahoma, and Texas regarding risk, property damage claims, and accepted practices, and assisted over a dozen clients obtain successful court rulings or reasonable settlements regarding alleged and non-compliance matters.
  • Provided expert testimony in several state and federal cases regarding accepted practices, environmental regulations, remediation, comparative risk, and air and hydrogeologic issues.
  • Withstood Daubert-like challenges in federal courts in South Carolina, Arkansas, Oklahoma, and Texas regarding historical accepted practices and environmental regulatory issues and risks at Federal Superfund sites and non-Superfund sites.
  • Critiqued plaintiffs’ hydrogeologic and risk/IH expert reports for toxic tort cases associated with chemical plants, wood-treating facilities, solvent sites, fabricating and manufacturing and other industrial facilities in U.S. and Mexico.
  • Provided critique of government experts and supported Daubert challenges of regulatory experts, challenged successfully notices of violations in response to NEIC audits, refuting agency claims.
  • Provided technical assistance to legal counsel regarding regulatory requirements and risks re remediation in residential areas near oil service companies and industrial operations in Texas, South Carolina, Louisiana, Mississippi, including the United Creosote Superfund Site, a refinery in Lake Charles and the Hardage and Vertac Superfund Sites.
  • Provided testimony regarding state and federal remediation requirements, costs and risk issues as sole defense expert for a South Carolina Superfund site. Testimony was cited by Federal District Judge and Appeals Courts in ruling in favor of clients.
  • Managed hydrogeologic study and remedial design for the Vertac Superfund site north of Little Rock, Arkansas, a former Agent Orange manufacturing facility. Provided expert testimony re regulatory requirements, risks in EPA remedy and remedial /compliance costs. Federal Judge overruled EPA’s remedy selection in Federal Court rulings in favor of clients and overrule of EPA remedy selection, resulting in savings of over billion dollars for clients.

Cases by Mr. Campbell:

A summary of selected cases undertaken by the I2M team (with Mr. Campbell as lead expert) over the past 20 years are included below:

  • A previous owner of an electroplating company sold the operations, and after 7 years, the new owner accused previous owner of major offsite spill of metal-rich process water or wastewater. I2M Associates personnel were engaged to investigate the available data and opine on the likely causes(s) of the metals contamination once present in the soil before removal operations were conducted by the present owner. The investigation has been completed.
  • A prominent agricultural producer allowed a major natural gas company to drill, produce, and distribute natural gas from company lands. I2M Associates personnel were engaged to investigate the likely environmental impact to lands and associated ground water and surface water now that production has ceased if a network of pipelines is not removed from below sensitive agricultural soils according to an original agreement between the parties. The investigation has been completed.
  • A company dealing in oil and gas field equipment had applied brine over the past few years in a State-permitted activity to reduce dust on their property. Adjacent property owners have indicated that drinking water from their original, shallow water wells tasted salty and have brought suit against the company for contaminating their drinking water with brine. I2M Associates personnel were engaged to conduct hydrogeologic investigations to determine the likely cause(s) of the alleged contamination. The investigations have been completed.
  • A commercial real-estate transaction came under dispute on the basis of the identification of asbestos materials in the subsurface after the transaction had closed. I2M Associates personnel were engaged to evaluate the environmental consultant’s activities during its Phase I Environmental Site Assessment, in light of the consultant’s responsibility, experience, staff capability, field procedures and associated ASTM guidelines and industry standard of care. The evaluation has been completed.
  • A manufacturer of stainless steel casing engaged I2M personnel to conduct preliminary investigations and to review available information on the likely cause(s) of casing failures in two large-diameter, high-capacity water wells during completion activities of wells located in an agricultural district of the western U.S. The investigation has been completed.
  • A rancher in the southwest U.S. reported his private water well system began pumping bad water after a work-over on a nearby producing gas well. I2M Associates personnel were engaged to investigate the likely source of the contamination. A hydrogeologic evaluation has been completed.
  • Lead has appeared in anomalous concentrations in drinking water within the home from a domestic rural water system located in the northeast U.S. I2M Associates personnel were engaged to sample and evaluate likely source(s) of the lead and associated constituents, some of which may have played a role in the learning disabilities reported in the youngest child of the rural family. Case settled.
  • A large real estate company engaged an environmental consulting firm to conduct Phase I and Phase II Environmental Site Assessments for a large multi-property shopping center transaction. Initial findings by the consultant led the real-estate company to close on the deal. Subsequent investigations by a second consultant found DNAPL associated with dry-cleaners located on the properties. I2M Associates personnel were engaged to evaluate the initial consultant’s activities in light of the consultant’s experience, staff capability, field procedures and related ASTM guidelines and industry standard of care. Case went to trial and then settled.
  • A pathogenic variant of E. coli, O157:H7, has appeared as the likely source of illness in a rural family. I2M personnel were engaged to assess the likely source(s) of the pathogenic bacteria. The area is characterized by numerous, closely spaced, small farms, with cattle, sheep, wildlife, septic tank systems, and a stream, all in the immediate vicinity of a water well used as a source of drinking water. Investigations have been completed. Case settled.
  • A service station proprietor was accused by the land owner of contaminating soil and ground water with BTEX and MTBE. I2M personnel were engaged to review the available sampling and hydrogeologic data and determined that the the owner’s consultant was less than forthcoming concerning the data used to characterize the groundwater conditions and the configuration of the plume of contamination. When using all of the relevant data, the source of the contamination was found to be more likely an adjacent car wash facility. Parties have settled the dispute.
  • A major sand and gravel company’s consultant drilled on portions of a potential lessor’s land without permission on the basis that “the company was doing the land owner a favor.” The company is suing the land owner for breach of contract (i.e., alleged failure to honor their rights to conduct mining operations on the subject land). I2M personnel reviewed the issues of the case and found that the company overstepped the agreement and violated the landowner’s rights to limit ingress according to standard industry practice. Settled.
  • The failure of a high-capacity water well owned by municipal utility district prompted management to turn to their insurance company for funds to replace the well, according to the terms of the policy. I2M Associates personnel conducted a preliminary investigation and found evidence to suggest that regional soft-sediment faulting caused the well structure to fail. As a result of more than 25 years of vertical stress caused by land subsidence associated with groundwater production with minor lateral movement in the subsurface, the well screen ruptured and catastrophic failure of the well resulted. Case settled in pre-trial.
  • A major chemical plant is suing its previous consultant for exacerbating DNAPL contamination below its production facility during and after an ill-conceived monitoring well drilling program. I2M Associates personnel were asked to review the relevant information and to determine if the consultant’s activities were likely responsible for the DNAPL contaminating the deep aquifers. I2M personnel found that the consultant and their contractors were culpable and should be held responsible for contributing funds for assisting in the clean-up of the deep aquifers below the plant. Case settled.
  • The National Contingency Plan (NCP) of the 1970s was invoked in an attempt to force an industrial company to join a group of PRPs to clean up a Midwest dump. I2M personnel were engaged to evaluate claims made by ex-EPA consultants for the plaintiffs that the NCP carried weight when applied to inland contamination in the mid-1970s. I2M Associates personnel found that the NCP had no impact on parties involved in ground-water contamination occurring some distance away from the waters of the United States because the NCP had not been equipped yet with the necessary capabilities to implement such intentions and associated provisions. Case settled.
  • A municipal water supply operator was sued by the community it served for allowing benzene to be distributed in the water supply. I2M Associates personnel were engaged to investigate the possible source of the benzene and determined that 1) testing was not required by the operator, and hence did not know of the presence of benzene, and 2) the source of the benzene was likely the gas-producing formation below the drinking-water aquifer breached by over drilling in the confining unit separating the aquifer from the gas-producing sand below. A jury trial found in favor of the plaintiff, but the finding is under judicial review.

Additional case summaries are available (more).

Feel free to contact us to discuss your project needs or to arrange a speaking engagement by one of our Associates for a professional training session, a technical conference, society meeting, or for a graduation ceremony or other function where the knowledge and experience of our Associates may be of interest to your group.

The I2M Principal responsible for this discipline’s activities is:

Richard C. Bost, P.E., P.G.

Michael D. Campbell, P.G., P.H.

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