Litigation/Expert Support

Strategic Environmental Analysis, L.C. (SEA) is an environmental management consulting firm that serves clients in the hazardous waste, radioactive waste, solid waste, recycling and wastewater fields by analyzing the impact of business, regulatory and technology factors on the environmental services marketplace, and by devising strategies to cope with future market conditions. SEA's areas of practice include custom market surveys, due diligence investigations, regulatory analysis, expert witness testimony and litigation support, technology assessments, multi-client research, policy development and representation projects. Clients of SEA include members of the business, legal, financial, engineering and insurance communities, members of the Fortune 500, environmental groups, as well as the EPA, DOE, and DOJ.

SEA, L.C. specializes in litigation support by serving as a testifying expert; performing targeted research; consulting during case investigation, settlement; developing a cross-examination strategy of other experts; and performing cost/compliance analysis and/or benefits analysis. SEA has worked on behalf of numerous firms in environmental coverage and toxic torts cases involving Federal and State environmental statutes, but specializes in Federal RCRA, CERCLA (Superfund), Clean Water Act (CWA) and related state statutes. SEA expert experience includes numerous cases involving CERCLA (Superfund), and RCRA’s Corrective Action, Lagoon Retrofitting and Closure Provisions. The links listed below summarize some of SEA’s recent and historical Litigation/Expert Witness projects.

The President of SEA, L.C. is Richard C. Fortuna. Mr. Fortuna is considered one of the foremost experts on RCRA and CERCLA’s (Superfund) origins, purposes, provisions and implementation. Mr. Fortuna has been admitted as a RCRA, CERCLA (Superfund), industry practices and/or Clean Water Act Expert witness in Federal and State Court and EPA ALJ proceedings. Mr. Fortuna has served as a hazardous waste regulatory Expert Witness and/or an industry practices Expert Witness in over twenty cases or proceedings involving RCRA, CERCLA (Superfund), remediation, and/or Clean Water Act (CWA) legislation, regulation, policy, purposes or implementation. Mr. Fortuna is one of the few individuals who has: personally developed provisions of the RCRA and CERCLA (Superfund) legislation, followed and affected their implementation for nearly thirty years, and has witnessed firsthand the response of regulated industry to the changing nature of federal and state legislation regulations in this area. Summarized below are SEA’s significant accomplishments as a RCRA, CERCLA (Superfund), Industry Practices or Clean Water Act Expert witness. > RCF Resume

Insurance Coverage Cases – CERCLA Actions

Natural Resources Damages
Landfill Site    
RCRA Cause of Action at CERCLA Site  
Metal Smelter
MTBE Migration Rates and Patterns 
Superfund Site Delisting Policy  

Insurance Coverage Cases – RCRA/CERCLA/CWA Actions

Ethylene Dichloride (EDC) Spill
Electronics Industry Waste
Major Chemical Manufacturer – Nationwide Sites 
Specialty Chemical Manufacturer  
Chemical Manufacturer – Wastewater Lagoons
RCRA Corrective Action
RCRA Corrective Action II
Refinery Wastes I  
Refinery Wastes II            
Dry-cleaning Wastes 
Drycleaning Wastes II
Drycleaning Wastes III
Closure of Wastewater Lagoons at Manufacturing Site   
Surface Impoundment Retrofitting 

Business, Toxic Tort Cases

Role of a Patent
Fraudulent Buyout 
Anti-trust Defense 
Organic Chemical Exposures
Wastewater Litigation Expert Regulatory Support  

Technical, Market Analysis Cases

Hanford Tank Waste Remediation Project 
EPA Steel Industry Wastes Study         
Remedy Selection Under CERCLA
Soil Remediation Technology  

Regulatory Challenge, Enforcement Cases

Agricultural Wastes
High-Level Mixed Radioactive Waste - Permitting
State Financial Responsibility Requirements      
Legal Challenge to State Siting Requirements        
Boilers and Industrial Furnaces      
Petroleum Waste Listing Litigation  
Unpermitted Burning

SEA, L.C. has worked on numerous litigation-related investigations, defenses and rebuttals, including:

Compliance Expense
Compliance Avoidance Expense
Compliance Anticipation Expense
Enforcement Actions
Routine or Voluntary Business Expenses
Maintenance Expense
Equipment Replacement Due to Expiration of Useful Life
Management Initiative to Keep Pace with Competitors, Liability Avoidance, Public  Relations
TRI Reporting
Excessive Cost Billed for Remedial Activities
Sale of Property, Enhance Investment Value
Industry Knowledge (Expected or Intended)
Government Knowledge
"Operational" v. "Remedial"
RCRA Corrective Action = Superfund
"Environmental Harm" = Threat of Contamination