Experience > Damage Analysis > Environment

Environmental claims involve complex damage measures that often include (i) the delay or alteration of real estate development, (ii) appraisal, and (ii) assessment of the possibility of long-term stigma. We also investigate remediation cost claims, which often involve cost auditing, complex cost allocations, and/or assessments of the reasonableness of purchasing decisions.

Representative Projects

• On multiple occasions, reviewed the cost reimbursement claims of environmental remediation. Addressed issues such as:
  • Where the moneys were actually spent on the clean-up at issue?
  • Did the claimant use prudent purchasing practices?
  • Were related parties used in the clean-up efforts? Were the costs associated with the related parties equivalent to what could have occurred with unrelated parties?
  • What reimbursements are appropriate, if any, for use of internal resources that were devoted from other claimant’s efforts?
• On multiple occasions, addressed stigma damages associated with prior environmental clean-up activities. This generally involved gathering market evidence of comparable transactions that were not affected by the prior environmental challenges.
• On multiple occasions, calculated damages resulting from delayed real estate development occurring because of the need to first clean-up the underlying land. This necessarily involves reviewing changed market conditions that occurred at the time of the planned and eventual development.
• Addressed cost allocation issues between PRPs in a large clean-up allocation. This involved building a large data base of the costs involved, and running alternative algorithms based on (i) date, (ii) location within the larger clean-up zone, and (iii) materials being cleaned-up.
• On multiple occasions, calculated damages associated with land subsidence involving allegedly substandard retaining walls, and/or grading and infill in an improper/unsafe manner. This work involves assessing the market value of the real estate at multiple points in time.
• Calculated natural resource damage claims associated with a toxic spill.