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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 and DOE. 

SEA, L.C. specializes in litigation support by serving as a testifying expert and/or performing targeted research or counsel during case investigation, settlement or cross-examination of other experts. SEA has worked on behalf of numerous firms in environmental coverage cases involving most 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 and Lagoon Retrofitting Provisions. The links listed below summarize some of SEA’s recent Litigation/Expert Witness projects.

The President of SEA is Richard C. Fortuna.  For the past 23 years, Mr. Fortuna has been one of the principal architects of the nation's preventive hazardous waste management policies.  Mr. Fortuna is best known for his work in developing key provisions of the 1984 RCRA Amendments,  including the land disposal restriction, corrective action and “hammer” provisions, while serving on the House Energy and Commerce Committee under Congressman James  Florio.  In addition, he participated in the enactment of the original Superfund Act in 1980, while a member of Congressman John J. Dingell’s personal staff, and contributed to the 1986 Superfund Reauthorization (SARA).  See Staff Profiles Link.

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), remediation and/or Clean Water Act Expert witness in Federal and State Court and EPA ALJ proceedings.  Mr. Fortuna has served as a RCRA, CERCLA (Superfund) remediation and/or Clean Water Act (CWA) 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 over twenty years, and has witnessed first hand the response of regulated industry to the changing nature of federal and state legislation regulations in this area.
Summarized on this site are the significant accomplishments of Mr. Fortuna in all of SEA’s areas of practice including market studies, compliance strategies, policy development, technology evaluation, and as a RCRA, CERCA (Superfund) or remediation Expert witness.  Also included are links to summaries of the cases and proceedings in which Mr. Fortuna has served as a RCRA, CERCLA (Superfund), remediation or Clean Water Act Expert witness.

Wastewater Litigation Expert Regulatory Support 

Provided expert support in two cases involving apparent violations of local, state, and/or Federal Clean Water Act requirements.  Cases involved research and analysis of all applicable CWA requirements and local rules, and selected research into the effects of the chemical and biological agents involved.  Both cases were resolved to the satisfaction of the client group.

Clean Water Act Regulations

 Incorporated analysis of relevant Clean Water Act requirements in numerous due diligence and expert case work since 1994.

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Insurance Coverage Cases – CERCLA Actions
bullet Landfill Site    
bullet RCRA Cause of Action at CERCLA Site  
bullet Metal Smelter
bullet MTBE Migration Rates and Patterns    
   
Insurance Coverage Cases – RCRA/CERCLA/CWA Actions
bullet Electronics Industry Waste
bullet Major Chemical Manufacturer – Nationwide Sites 
bullet Specialty Chemical Manufacturer  
bullet Chemical Manufacturer – Wastewater Lagoons
bullet Refinery Wastes I  
bullet Refinery Wastes II            
bullet Dry-cleaning Wastes  
bullet Closure of Wastewater Lagoons at Manufacturing Site   
   
Business Tort Cases
bullet Fraudulent Buyout 
bullet Anti-trust Defense 
   
 Technical/Market Analysis Cases
bullet Hanford Tank Waste Remediation Project 
bullet EPA Steel Industry Wastes Study         
bullet Remedy Selection Under CERCLA:
   
Regulatory Challenge Cases
bullet State Financial Responsibility Requirements      
bullet Legal Challenge to State Siting Requirements        
bullet Boilers and Industrial Furnaces      
bullet Petroleum Waste Listing Litigation          



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








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







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SPACE
RICHARD C. FORTUNA, President   Voice: (301) 299-6013  Fax: (301) 299-9824
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