Expert Testimony and Litigation Support

Scientific experts often provide crucial facts and opinions for litigation related to environmental science and policy, permitting, and contamination events. Downstream Strategies offers expert testimony, litigation support, and subject-matter expertise for a wide range of environmental issues. Our team of highly-credentialed environmental professionals works with a number of law firms and individual clients on cases involving water, soil, air, and dust contamination.

We provide skilled experts with strong backgrounds in environmental science, federal and state environmental laws and regulations, field data collection and interpretation, complex remediation projects, analysis and interpretation of large environmental data sets, and GIS-based spatial analysis and cartography. We have testified in federal and state court, before appeals boards, and before a state public service commission. We offer expert and fact witnesses, expert reports, and written and oral testimony on issues related to:
  • National Pollutant Discharge Elimination System (NPDES) permits, including antidegradation requirements
  • Surface Mining Control and Reclamation Act (SMCRA) mining permits
  • Quarry permits
  • Public Service Commission certificates of convenience and necessity and siting certificates

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An Overview of Voluntary Remediation Programs

Most states oversee voluntary remediation programs to address old industrial sites or sites that have been impacted by environmental contaminants. These programs vary by state and are referred to by a variety of names, but they all follow specific regulatory frameworks guided by the U.S. Environmental Protection Agency (U.S. EPA).

These programs allow individuals, organizations, or businesses to address environmental contamination voluntarily, rather than being compelled to do so by regulatory authorities. They are designed to encourage proactive environmental stewardship and facilitate the remediation of polluted sites by providing a structured, often incentivized framework.

What are the key features of these voluntary remediation programs?

Voluntary participation

Participation in these programs is not mandated by law; instead, those who wish to take responsibility for environmental issues on their property can apply. Participants may be interested in addressing contamination from past activities, managing hazardous materials, or improving environmental conditions.

Regulatory collaboration

While participation is voluntary, these programs typically involve collaboration with environmental regulatory agencies. Participants work closely with these agencies to ensure that remediation efforts meet or exceed regulatory standards and are conducted in a manner that protects human health and the environment.

Incentives and benefits

Voluntary remediation programs often offer various incentives to encourage participation, such as:

  • Liability protection: Participants may receive some level of protection from future legal liability related to the contamination.
  • Expedited regulatory review: Programs may provide faster or more predictable regulatory review processes.
  • Tax benefits or grants: Some programs offer financial incentives, including tax credits or grants to help offset remediation costs.

Public and environmental health

The primary goal of these programs is to improve public and environmental health by addressing and cleaning up contaminated sites. Remediation efforts can reduce risks to human health, restore natural resources, and enhance the overall quality of the environment.

Site closure or reuse

Successful completion of a voluntary remediation program can lead to the formal closure of a contaminated site or enable its reuse. This can increase property values, support redevelopment efforts, and contribute to community revitalization initiatives.

The U.S. EPA Brownfields Program is a great example of this type of program,  which provides grants and technical assistance to help clean up and redevelop brownfield sites—properties where contamination is present or suspected. The program supports voluntary cleanup efforts and helps to transform these sites into productive community assets.

Downstream Strategies has worked with clients within the voluntary remediation programs in West Virginia, Ohio, and Pennsylvania. If you have a site that may be a good candidate for voluntary remediation, reach out to our environmental remediation team leader Marc Glass, Licensed Remediation Specialist, by emailing mglass@downstreamstrategies.com

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