VERTEX was retained as an expert by a national law firm with regard to a lawsuit relating to a pollution insurance claim. The matter involved a fire that occurred at a chemical container recycling facility which resulted in impacts to subsurface soil and groundwater with volatile organic compounds, metals, and petroleum hydrocarbons.
VERTEX was asked to review the results of several phases of subsurface investigation that had been performed at the site following the fire to characterize the nature and extent of the impacts and to review and opine on a proposed scope of work and cost estimate prepared by the plaintiff’s expert to further investigate and remediate the impacts from the fire.
VERTEX’s expert review concluded that significant portions of the proposed scope of work were not reasonable or necessary to comply with applicable Texas Commission on Environmental Quality (TCEQ) regulations given the previously acquired site data, that the proposed scope of remedial activities was excessive and inadequately supported, and that the total estimated cost to address the impacts from the fire in accordance with applicable TCEQ regulations could potentially be as much as 50% less than the $540,800 estimate presented by the plaintiff’s expert.
