Client:  Gasoline Service Station Owner

Project:  Expert Testimony and Litigation Support

Location:  New Jersey

 
Description:  EWMA's client, a former gasoline service station owner, was being sued because the potable wells that supplied water to an entire nearby residential community were impacted by a gasoline related volatile organic compounds (VOCs) discharge that was emanating from the service station that they formerly owned.  The station was located upgradient from the residential community.  EWMA was retained to provide expert witness services during the ongoing litigation regarding responsibility for the discharge from the service station.
 
When EWMA became involved with the case, it was believed that the potable wells had been contaminated as the result of a discharge from an older underground storage tank (UST) system that was in place when EWMA's client owned the service station.  To determine responsibility for the discharge and the subsequent potable well contamination, EWMA conducted a detailed analysis of the area-wide hydrogeological conditions.  After conducting the hydrogeological analysis and reviewing the analytical results from ongoing remedial investigations, EWMA was able to utilize a plume dating technique to provide expert witness testimony that demonstrated that the gasoline discharge was the result of problems with a newly installed UST system that was installed after EWMA's client sold the property.

The expert witness testimony provided by EWMA was instrumental in assigning liability for the gasoline discharge to the new property owner; thereby placing the responsibility for the remedial cleanup of the discharge on the new property owner, thus releasing our client from responsibility and further litigation.