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Electronics Industry Waste
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| SEA Served as
a RCRA/CERCLA regulatory and cost expert. Provided Expert Trial testimony,
and prepared Trial exhibits and an Expert Report in a State-level insurance
coverage case involving unit closures, groundwater monitoring, site investigation,
corrective action, enforcement actions, and historical knowledge of groundwater
contamination at an electronic manufacturer in the West. Also, provided
a breakdown of RCRA compliance-related costs at Trial, and assisted in cross-examination
of plaintiff's experts. Trial testimony was instrumental in a Bench
ruling that all costs associated with RCRA closure, monitoring, permitting
and RCRA corrective action investigation and assessment activities were considered
compliance costs needed to maintain business operations. Testimony
also: 1) distinguished enforcement actions that are the functional
equivalent of regulatory compliance from those which go beyond compliance
requirements; and 2) detailed the individual elements of the claim that were
attributable to RCRA or state regulatory compliance or business maintenance
costs. Bench ruling reduced the claim by over 60% based on my testimony
and Report. |
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