Aries provides expert testimony and litigation support to our clients when there are differences of opinion that require mediation or litigation. We have successfully provided expert witness and consulting expert services to both plaintiff’s and defendant's legal counsel for insurance companies, state agencies, private corporations, municipalities and federal agencies. Aries is respected by state and federal environmental agencies, as well as our peers.
Aries relies on scientific and factual information and unbiased data analysis to assist our clients and their counsel. Aries’ site analysis may be coupled with evaluations of probable outcomes to test the magnitude of the environmental issue providing a basis for negotiation for our clients and their counsel during mediation or litigation. We have provided litigation and expert witness testimony services country-wide for Superfund sites, former manufactured gas plants (MGP), railroads, wood treatment facilities, mines, petroleum and hazardous waste bulk storage facilities, industrial manufacturing facilities, hazardous waste generators, air pollutant emitters, and properties experiencing flooding and erosion.
As all projects differ in scope and complexity, Aries provides project technical services that are flexible, tailored to the individual project and designed to inform our clients regarding complex technical and regulatory issues. Our consulting services generally provide value-added engineering, often finding savings greater than our fees. Examples of Aries’ expert testimony and litigation support include:
- Evaluating investigation and/or remedial costs for reasonableness, and appropriate remedial response;
- Allocating environmental damages among various parties, or various years for both simple and complex projects;
- Assisting with trigger issues for policies that are “triggered” by a contaminant release.
- Evaluating contaminant release(s) timing, which may be compared to an insurance policy period(s);
- Conducting environmental forensic studies that may include groundwater, surface water and sediment modeling to investigate claims. Aries' technical assistance with contaminated sediment claims sometimes requires sediment modeling, surface water column studies, and often forensic sediment analyses to separate out background contamination and arrive at reasonable remedial standards and budgets;
- Providing toxic tort technical assistance to questions regarding chemical exposure and likelihood of injury. This work often involves tracing a chemical release and testing to learn whether the chemicals transferred from one media to another such as soil to indoor air. This work often includes estimating chemical half-lives in a specific environment to prepare a reasonable chemical exposure assessment;
- Assisting our clients navigate through Natural Resource Damage (NRD) claims where damages were sought for injury to and restoration of the state’s natural resources. Aries has carefully reviewed historical environmental information on NRD claims to aid in sorting out contamination issues where others have contributed. We can assist with allocation for other responsible parties for alleged damaged areas as well as testing the State’s assumptions for arriving at the alleged damages;
- Conducting source evaluations and impact analyses for air pollution claims. Ambient air standards for lead, silicon dioxide, trichloroethylene (TCE), and silica have decreased potentially resulting in more claims. And mold issues, which do not have standards, have had a steady increase in claims requiring technical assistance.
- Providing technical assistance with stormwater, flooding and erosion claims, which have become more prevalent.