Regulatory/Litigation Support
Increasingly, higher levels of technical support is called for during the regulatory process in anticipation of challenges and litigation. As a general rule, once the regulatory record is complete, it becomes more difficult to submit additional information that may change the picture. It is tempting for owners to cut corners on technical submissions, but once decisions are made and challenges launched, you are stuck with the technical information and positions that were used as the basis for decisions. Do-overs are difficult. Consequently, it is critical to submit well supported technical information in the beginning of the process, including site specific data whenever possible, all of which is backed up by an underlying analysis of the technical methods and data quality.
For some projects litigation is anticipated from the onset. A good example are commercial/industrial properties where there is concern that pre-existing, but unreported contamination, may be present. During facility changes or expansion when contamination is encountered a critical component of investigations is establishing contaminant source age and liability, and documenting why current facility operations could not be the source. Consequently, defining investigation goals and objectives, appropriate sampling location, sampling methods, sample analysis methods, QA/QC, and detailed documentation of the investigation process, are all important. Regulatory and Litigation Support