City of Santa Monica vs. Shell Oil Company, et. al.

We have provided technical support to litigation including participation in mediation and expert testimony as described in the following:

• Providing technical support to and participating in mediation between the city and a major oil company client.
• Evaluating drinking water treatment alternatives for the removal of MTBE and TBA.
• Preparing process flow diagrams, equipment layout drawings, and capital and operational cost estimates for a number of proposed MTBE/TBA treatment trains, utilizing both GAC and advanced oxidation processes, to be incorporated into a 7,000 gallon per minute municipal drinking water facility.

Following execution of the Settlement Agreement between the plaintiff, our client, and two other major oil companies, we participated as a representative on the Technical Committee created by the Settlement Agreement to evaluate and recommend additional site characterization, modeling (including basin yield, plume migration, and particle tracking to identify source area impacts, evaluate and define mass residue in the aquifer, and develop flush out curves to define predicted concentrations and impacts over time), and development of treatment options to meet Settlement Agreement objectives. As a consultant to all three major oil companies, we participated in issue-specific alternative-dispute resolution activities subsequent to the Settlement Agreement, which included evaluating options for final settlement with the city assuming a "cash-out" requiring:

• Review of life-cycle costs for the selected potential treatment options
• Review of technical issues for the selected treatment option and flush-out curve
• Calculation of break-even costs with respect to retention or cash-out

Based on a series of cost estimates we worked with one of our client's legal and treasury department representatives to develop low end, best estimate and high end cost ranges and to assign likelihoods to each range. We reviewed cost estimates prepared by others, including an engineering company and an independent appraisal panel of academic and technical experts appointed by the judge in the City of Santa Monica vs. Baron and Budd, et al litigation regarding fees and the cost of the planned treatment facility as a component of fees. Our cost estimates by scenario were comparable to those prepared by them.

South Tahoe Public Utility District vs. Atlantic Richfield Co., et. al.

The project involved the evaluation of multiple source locations and water supply well locations operated by the plaintiff. Initial review was completed under agreement between our client and another company to fund our research and evaluation jointly. Later work was performed under agreement solely for our client. The plaintiff's wells were claimed to be impacted or pending impact by MTBE. The well network is adjacent to Lake Tahoe, California. Complex geohydrologic conditions limited the placement and production of ground water wells for municipal supply. Naturally occurring COCs, including arsenic and radon, are associated with wells constructed in the nearby Sierra Nevada mountains. We provided deposition testimony and technical support during settlement negotiations leading to a favorable settlement by our client prior to trial.

California Attorney Generals Office and Solano County vs. Exxon, Refinery, Benicia, California

The project involved the collection and review of environmental data from multiple release areas within the refinery and subsequent negotiations with the RWQCB and the plaintiff. The goal of the plaintiffs was to require installation of an interceptor trench pumping system along the entire boundary of the refinery with waters tributary to Suisun Bay. The plaintiffs technical arguments were refuted with regard to the majority of the refinery perimeter and settlement was reached that included a payment of $75,000 to the plaintiff and implementation of a limited interceptor trench and optimization of enhanced bioremediation utilizing injection of oxygen enhancing compounds in limited areas during discrete events.

Solano County vs. Exxon, Refinery, Benicia, California

The work involved collection and review of environmental data associated with the Benicia marketing terminal, negotiations with the RWQCB and the plaintiff to develop enhancements to the existing remedial system at the marketing terminal to allow settlement of the lawsuit for a payment of $25,000 to the plaintiff and implementation of limited enhancements to the existing remedial system. The work and settlement were accomplished following the sale of the site to another major oil company and required careful coordination with that company's operating and environmental technical staff.

City of Oakland/Port of Oakland vs. ExxonMobil Oil Corporation

We provided technical support to mediation to resolve environmental issues related to prior operation of a bulk fuel terminal at a site redeveloped into an intermodal cargo facility. We provided preliminary design and cost estimates for remedial options including soil vapor extraction and air sparging to mitigate acute risk posed by methane vapors and chronic risks to human health and the environment posed by the presence of petroleum hydrocarbons in soil and ground water. We are implementing the selected remedy as required by the Settlement Agreement resulting from the mediation.

Sandra Dornfeld, et al. vs. ExxonMobil Corporation

The task involved the review and compilation of site characterization data, development of remedial strategies to obtain closure under Oregon Department of Environmental Quality guidelines and development of cost allocation based on operating and release history and chemical characteristics of residual hydrocarbons and additives including tetraethyl lead, ethylene dibromide and ethylene dichloride. A Data Review and Cost Allocation, report was prepared for submittal to plaintiffs and court. Subsequent mediation led to satisfactory settlement of the case.

Communities for a Better Environment vs. Unocal Corporation, et. al.

We evaluated the environmental conditions at over 80 UST sites throughout California. We evaluated constituent concentration trends and ground water transport rates at each location. We provided affidavit describing plume migration and composition as well as affidavit related to chemical analytical procedures resulting in false positive identification of gasoline oxygenates.

Communities for a Better Environment vs. Tosco Corporation, et. al.

We provided technical support to mediation regarding remediation progress and future needs for a major refinery in Torrance California. We actively participated in the mediation presenting current and historical data and identified additional investigation and remediation activities that the plaintiffs agreed would offset their claims of environmental impairment. The activities also provided enhanced mitigation of impacts resulting from hydrocarbon releases allowing settlement without unwarranted remedial activities required.

Napa Flood Control District vs. Arco et al, Napa, California

The work involved technical data review, including a joint work plan among three major oil companies for data collection during construction excavation for floodplain enhancements along the Napa River. We reviewed the data generated, developed costs for remedial activities and costs associated with the construction project unrelated to remedial activities, and participated in mediation.

Overall Petroleum vs. Mobil et al., Prineville, Oregon

The work involved review of inventory records to determine that multiple inventories were maintained by the plaintiffs with varied entries. We evaluated additional sources of site impact. We conducted field inspection of the removed tanks to verify age claimed and develop arguments with regard to installation and inventory practices of plaintiff. The case was dismissed with no cost to our client.

Port of San Diego vs. Mobil et al

We were retained to complete a cold eyes review of data prepared by consultants for both the plaintiff and our client. Our review identified possible questions regarding the use of archeostratigraphic lead dating for use in a heavily industrial site where motor oil and other vehicle maintenance related fluids had been routinely used. The lawsuit was settled prior to trial.

City of Dinuba vs. ExxonMobil et al

We investigated sites named in the lawsuit for history of ownership and operations including regulatory records relating to environmental incidents, regulatory and owner responses and residual impacts. We evaluated the city well production and history of impact by agricultural pesticides and developed possible treatment alternatives, capital and life cycle costs. We participated in technical review sessions with consultants for site owners, representatives of the city and other major oil company defendants. We participated in mediation between our client and plaintiffs counsel that led to a cash only settlement by our client eliminating long-term liability and involvement in municipal water treatment facility construction and operation.

D. J. Nelson Trust dba Fruitridge Vista Water Company vs. Arco et al

We researched location release histories, ownership and operating histories of multiple service station operations named in the lawsuit. We also evaluated chemical and well production data to develop capture zones for each well to define the possible sources and pathway of COC transport to each well over a 25 year period. The data were presented to major oil company defendants who were part of a joint defense group. One of our professionals has been designated as a person most knowledgeable to discuss the history of MTBE use within our client's organization during the mid 1980s to mid 1990s before the oxygenate requirements required MTBE use. Trial has been delayed until 2007 pending appeal of various motions including product liability claims associated with gasoline containing MTBE.

Alameda Corridor Transportation Authority vs. Mobil

The project involved review of data collected by other consultants to our client and the plaintiff and development of a conceptual model of COC source and dispersal along the proposed portion of the ACTA corridor adjacent to our client's pipeline. The data review showed that MTBE detections using gas chromatographic methodology were false positives and that MTBE data using gas chromatography/mass spectrometer data did not confirm the presence of MTBE. These data were used to develop source and allocation data that were used by counsel to set parameters for appropriate settlement negotiations.

Nirvair Corp. vs. ExxonMobil, Seal Beach California

We investigated the site named in the lawsuit for history of ownership and operations including regulatory records relating to environmental incidents, regulatory and owner responses and residual impacts. We met with real estate professionals retained by defendants and completed evaluations of remedial activities required for closure. We developed technical questions with regard to plaintiff operations for use by counsel in depositions. We solicited subcontractors to complete geophysical investigations at the site to dispute current owner and plaintiff claims that there were abandoned tanks on the site. We completed a site visit to observe the owner testing tanks and completing dispenser modifications. Case settled prior to trial.

Southland Corporation vs. Exxon,

We provided technical support during mediation between our client and Southland regarding claims by the plaintiff that releases of aviation gasoline at our client's former site had impacted the downgradient 7-Eleven. The plaintiff contended that our client's aviation gasoline impact to the shallow ground water underlying the 7-Eleven increased their remediation costs. They maintained that alkylate constituents in ground water at the 7-Eleven are from aviation gasoline. On behalf of our client, we presented information during the mediation that supported the position that our client's aviation gasoline did not impact the 7-Eleven. We presented data showing that the chemical evidence was not conclusive that aviation gasoline had impacted the 7-Eleven, that five aviation gasoline and automotive gasoline sources exist upgradient of the 7-Eleven other than our client's, that automotive gasoline releases from the 7-Eleven were extensive, and that MTBE was widespread at the 7-Eleven, was the driver for regulatory action, and was not a component of aviation gasoline. Settlement was reached with the plaintiff for close to 25 percent of their initial demand.

Davenport vs. Exxon

We reviewed site data and ownership including the history of spills, leaks, and remedial actions conducted by owners subsequent to our client and the public spill response agencies. Our review of the history and chemical characteristics of the site COCs were presented in a report to the RWQCB. Based on our report, the RWQCB issued a letter to our client stating that they would not hold our client responsible for the investigation or remediation of MTBE. We supported outside counsel for our client in preparation of the Petition of ExxonMobil Corporation for Review of Action by the California Regional Water Quality Control Board North Coast Region Cleanup and Abatement Order No. R1-2005-0104.

Public Service Company of Colorado d/b/a Excel Energy vs. Schrader Oil Company, Schrader Land Company LLLP, and Wayne K. Schrader

One of our professional staff provided technical analyses in the litigation Public Service Company of Colorado d/b/a Excel Energy vs. Schrader Oil Company, Schrader Land Company LLLP, and Wayne K. Schrader. He participated in pre-trial settlement discussions. Technical issues involved impacts of commingling petroleum hydrocarbon and coal tar plumes.

City of Santa Monica vs. Baron & Budd, P.C. et al.

One of our professional staff provided technical assessment of methyl tertiary butyl ether COC transport to the Court-Appointed Appraisal Panel on Persistence of COCs in the litigation City of Santa Monica vs. Baron & Budd, P.C. et al. LASC Case No. BC 315186. Opinions were provided as an oral presentation and written submittals. Technical issues were related to the concentration levels and duration of methyl tertiary butyl ether concentrations at the Charnock Wellfield in the City of Santa Monica. Staff from our El Dorado Hills, California location also participated in this project.

Schleicher Land Co. et al., Deb Knudsen et al., City of Mandan, vs. The Burlington Northern and Sante Fe Railway Company

One of our professional staff testified in court and provided written report in the litigation Schleicher Land Co. et al., Deb Knudsen et al., City of Mandan, vs. The Burlington Northern and Sante Fe Railway Company ( North Dakota ). He provided opinions on the source and migration of light nonaqueous phase liquid occurring beneath the City of Mandan, North Dakota. He used visual imagery and physical models in court before a jury. His testimony provided support for a favorable judgment for the client.

North Dakota Department of Health et al. vs. The Burlington Northern and Sante Fe Railway Company

One of our professional staff provided a written report in the litigation North Dakota Department of Health et al. vs. The Burlington Northern and Sante Fe Railway Company ( North Dakota ). His report documented multiple sources and light nonaqueous phase liquid movement beneath the City of Mandan, North Dakota. The technical analysis provided support for a favorable settlement for the client.

Retail Site, Allegheny, New York, Major Oil Company

Potential MTBE impacts to a municipal wellfield were evaluated from a residual NAPL source at a former retail site. The work involved pump test and capture zone analyses, transport and fate modeling, and visual imagery assessment. Results were presented to the regulatory agency.

Retail Site, Barranquita, Puerto Rico, Major Oil Company

A technical review and LNAPL analyses were conducted at a high profile litigation site. It was determined that LNAPL flow and dissolved transport was controlled by bedrock fractures. The results of the analyses provided an accurate site conceptual model from which remedial efforts could be focused and arguments developed to mitigate the perceived perception of a major LNAPL release.