Project: Litigation Support - Airport Jet Fuel Release
Hart & Hickman conducted a peer review and value-engineering review of proposed remedial actions to address jet fuel impacts at a major international airport. The scope of the airport remediation includes multiple terminals, multiple remedial technologies, and consideration of extensive concurrent airport renovation activities. The review first addressed the appropriateness of the chosen remedial methods and identified proven remedial alternatives. The review then addressed capital costs and long-term operating costs estimated by others.

To ensure the accuracy of our comparative cost estimates, Hart & Hickman contracted a local construction engineer with over thirty years of experience in the area and remediation construction experience at the subject airport to assist with the cost estimating tasks. Capital cost estimates also addressed major construction efforts related to airport renovation, as some of these costs were included by others as remedial costs. Our cost estimates were not conceptual costs, but rather they included precise tonnage estimates and material take-offs, crew sizes and man-hours, specific equipment requirements and local equipment rates, full consideration of union staffing requirements, and other detailed capital cost components.

Our analysis of long-term operating costs identified reductions in the number of monitored wells, the type of analyses performed, union staffing requirements for system operations, and other detailed operating costs issues.

The results of our analysis identified an over-estimate of $19.6 MM for the proposed remedial activities, as well as a possible savings of an additional $9.0 MM if the construction schedule were modified.

Hart & Hickman has been contracted to perform similar value-engineering reviews for over 100 additional airports across the US.

Project: Various Litigation Cases
Below are examples of litigation support activities provided by Hart & Hickman personnel:

• Represent a group of defendants in a proposed class-action lawsuit involving the gasoline additive MTBE. Activities included review of over 600 incident files with a contaminated water supply well at State regional offices, and review of over 12,000 water supply well samples from the State toxicologist to determine the occurrence, concentration, and sources of MTBE, other petroleum hydrocarbon compounds, and other contaminants in water supply wells. Expert affidavits prepared.

• Represent a major pharmaceutical plaintiff in a cost recovery case against a former owner of a research and development facility in North Carolina. The site soil and ground water are impacted with chlorinated solvents, PCBs, and metals. The site is being managed under the RCRA corrective action program and the plaintiff is seeking recovery of costs for response actions related to certain solid waste management units (SWMUs). Activities have included a detailed review of extensive soil and ground water assessment data, and an evaluation of historical waste management practices of the former and current occupant to formulate opinions regarding the source and timing of the impacts, appropriate assessment and remedial activities in accordance with North Carolina program guidance and regulations (current and former), consistency with the National Contingency Plan (NCP), and future remedial activities and costs.

• Served as expert for a major oil company in claims by an adjacent property owner for nuisance, trespass, and property devaluation in association with a bulk petroleum distribution terminal in North Carolina. Activities performed include soil and ground discovery site investigations, free product characterization, and a detailed review of products handled by the property owner in operation of its business. Testified in two depositions and in Federal court trial as to the nature and extent of the impacts found on the properties, ground water flow, fate and transport of compounds, and the likelihood of need for remediation.

• Represented a retail gasoline station operator in a cost recovery claim by the State of North Carolina for response actions related to assessment and installation of water supply well treatment systems for a nearby community where over 20 water supply wells had been impacted by petroleum hydrocarbons. A detailed review of the data was conducted, including an analysis of gasoline additives, to demonstrate that the source of the impacts was related to two nearby gas stations and the adequacy of the State investigation. Deposition testimony was provided which resulted in the case being dismissed by the State.

• Expert for a group of major oil companies with regard to claims by nearby property owners in the area of a petroleum distribution complex. Assisted with original class action lawsuit which resulted in the class not being certified by the court. The case was re-filed as 400+ individual plaintiffs. A detailed review of assessment and remedial activities at all of the terminals was conducted to evaluate the presence of soil, ground water, and surface water impacts in association with the terminals, the extent and future migration potential of the impacts, and the adequacy of the response actions. Expert report prepared.