Regulatory Strategies

The Problem

The multiplicity of environmental issues, complex and sometimes overlapping regulatory requirements from federal, state, and local governments makes environmental compliance a challenge. When regulatory agencies find a permittee or property to be out of compliance with laws and regulations, experienced help is needed.

The Solution

SAI has been providing expert testimony and litigation support services for more than a decade. Many of our employees have held key positions in various regulatory agencies and possess firsthand knowledge of the background, intent and implementation of environmental laws. This experience with historical background is uncommon, and allows our staff of experts to provide unique perspectives in a regulatory context.

SAI has an outstanding complement of individuals with "state-of-the-art" knowledge in their fields, enabling SAI to provide an exceptional blend of regulatory comprehension supported by sophisticated scientific expertise. Examples of successful outcomes in expert services include:

  • Allocation/Cost Analysis – SAI has provided expert services in the apportionment of responsibility for environmental impacts and/or remediation costs associated with large and small sites, using factors such as toxicity, the type and/or volume of contaminants, and the impact of such contamination on third parties. In addition, SAI has evaluated the appropriateness of cost claims for environmental damages, from remediation of UST discharges to remediation of complicated industrial sites, and provided testimony regarding remedial costs to challenge tax assessment. Cost analyses performed by SAI have involved claims up to $300 million.
  • Insurance Coverage Litigation – SAI has provided expert services in defense of insurance companies involved in coverage suits regarding claims forenvironmental damage. SAI has performed extensive research in support of the theory of "good industrial practice"; using references from historical chemical/industrial safety literature, as well as historical laws and regulations, in one case providing proof that contamination for which an insurance claim had been filed should not be covered due to "expected or intended" exclusion. These cases have involved claims up to $400 million.
  • Regulatory Compliance – On behalf of its Clients, SAI experts have provided testimony concerning alleged violations of laws and regulations, such as allegations involving violations of both air and surface water discharge permit conditions and assistance in defense of criminal indictments under the State Spill Act. Penalty assessments up to $20 million settled favorably.
  • Environmental Damage – SAI experts have provided expert assistance and testimony for a wide variety of cases, such as: fuel spill damage caused by a gas station to a homeowner’s property; litigation against a property seller claiming that contractual conditions of sale related to cleanup had not been met; an outstanding damage claim due to a former property owner’s illegal disposal of 150 drums; and cost recovery for a developer due to past contamination by a rendering facility.
  • Technical Analysis – SAI has also provided expert assistance and testimony for a wide variety of cases involving technical analysis of data. For example: claims involving evaluation of the direction of groundwater flow and migratory direction of a contaminant plume; the misrepresentation of underground storage tank integrity tightness test results; whether the appropriate technical approach was used by another consulting firm in its Phase I environmental Assessment; adequacy of Phase I and Phase II Environmental Site Assessments for the transaction of property; and adequacy of environmental investigations of a former manufacturing building converted to residential use.


    Our Range Of Sevices

  • Environmental Regulatory Requirements and Compliance
  • Fate and Transport Modeling
  • Solid and Hazardous Waste
  • UST/AST Issues
  • Wastewater & Groundwater
  • Allocation/Cost Analysis
  • Air
  • Site Evaluation
  • "State-of-the-Art" Issues
  • Due Diligence
  • Forensic Engineering & Fingerprinting Techniques
  • Dredge Management
  • ECRA/ISRA Process