Author: Jeff Carnahan

EnviroForensics Provides Litigation Support Services Nationwide

Posted on by Jeff Carnahan

Written by Justin Gifford, General Counsel, EnviroForensics

Whether you’re an attorney that specializes in complex environmental tort claims or are riding herd over specialized outside counsel, environmental law is unique in its blend of science, regulation and statute. When it comes to defending against EPA claims or pursuing actions against third-party polluters in complicated class actions, few if any individual lawyers or firms are able to successfully carry the day without a strong litigation support team, and that’s where EnviroForensics comes in. Coordinating technical experts with decades of experience with insurance archaeologists and risk managers, EnviroForensics’ full-service environmental Litigation Support Services are unmatched.

EnviroForensics provides a variety of services which can be critical to achieving the desired outcome in environmental litigation. Some of the litigation support services that EnviroForensics provide include determining the fate and transport of subsurface contaminants, human health & ecological risk assessments, Confidential Insurance Archaeology ® to locate coverage, damage assessments, expert witness testimony, coordination of expert witnesses and preparation of courtroom exhibits. When cleanup bills, property damage and responsible party status are on the line, EnviroForensics’ Litigation Support Services can act as a critical part of your legal strategy.

Green mean$ Green!

Posted on by Jeff Carnahan

Can you afford not to go green?

Written by Steve Henshaw, President and CEO of EnviroForensics in collaboration with John Soderberg, PE, Esq. As seen in the September 2012 issue of the Cleaner and Launderer.

Nowadays everyone in business wants to be considered environmentally “friendly” or “green.” The retail dry cleaning industry is no exception.  In fact, given the ecological concern over perchloroethylene or “PERC”, actual or perceived, the retail dry cleaning trade has been at the forefront of the green movement.  However, there is another aspect of an environmentally friendly operation that most cleaners do not recognize, namely, that reducing consumption reduces costs.

The primary reason the trade participates in environmental conservation is because it is part of being a good corporate citizen.  Hence, most retail cleaners are only remotely aware of the potentially positive economic impact “going green” may have, independent of its positive public relations impact.  The purpose of this article is to explore that aspect as well as provide a simple method of prioritizing potentially available “environmentally friendly” or “going green” activities.

Continue reading “Green mean$ Green!”

Identifying Environmental Risk Through Appropriate Due Diligence

Posted on by Jeff Carnahan

Written by Darci Cummings, L.P.G., EnviroForensics

There are many situations that may merit environmental due diligence considerations.  Whether you’re considering purchasing, selling, or re-financing a property; expanding or renovating an existing facility; or just ensuring that your facility is compliant with the myriad of current environmental, health and safety regulations, it is vital that you understand all of the environmental and financial risks involved.

When considering environmental due diligence, it is often thought that a Phase I Environmental Site Assessment (ESA) is sufficient to discover environmental liabilities during a property transaction.  While a Phase I ESA may be sufficient to satisfy a lender or other interested party, environmental due diligence needs can be much more complex and cover a wide variety of potential environmental liabilities that may not be discovered during a Phase I ESA.  EnviroForensics will work with you to develop the appropriate scope of services to help you understand and consider the financial implications of all types of environmental risk, not just CERCLA (superfund) liability, which is the general objective of a Phase I ESA.  EnviroForensics can assess, manage, mitigate, or remediate those environmental risks to ensure that your transaction is a success.

Never is Too Late!

Posted on by Jeff Carnahan

Insurance Companies Runoff Leaves Policyholders Vulnerable

Written by Steve Henshaw, President and CEO of EnviroForensics. As seen in the August 2012 issue of Cleaner and Launderer.

Many business owners or drycleaners and manufacturing companies know that old general liability policies can provide a defense, even an indemnity, against environmental claims.  The net effect of such a defense can translate into payment and funding of necessary site investigation, legal, and remediation costs.  To put it into business terms, a dry cleaner or other manufacturing company that is saddled with the responsibility to pay to respond to expensive environmental claims can find relief, if they can find old general liability policies that were issued before the insurance industry started adding pollution exclusion language to the policies.  To that end, a property that has been impacted with solvents or other hazardous constituents can be restored to its pre-contaminated condition.  A property that was previously considered to be an environmental liability can be turned back into an asset. Continue reading “Never is Too Late!”

Using Conceptual Site Models To Direct Investigations and Cleanups

Posted on by Jeff Carnahan

Written By Steve Henshaw, President & CEO, EnviroForensics

As seen in the October 2012 issue of Cleaner & Launderer.

PDF Version

In the early 1980’s, when the field of environmental consulting was just starting, the United States Congress was busy developing guidance documents to direct how site investigations and cleanup would be conducted.  The science was new and there wasn’t a lot of data to draw from with respect to how chemicals “behaved” in the subsurface.  Everything from our understanding of the fate and transport of chemicals in groundwater to our ability to remediate and contaminated aquifers was in its infancy. Continue reading “Using Conceptual Site Models To Direct Investigations and Cleanups”

Risk Based Closure; What Is It and Is It Right For Your Situation?

Posted on by Jeff Carnahan

Written by Steve Henshaw, P.G., President & CEO, EnviroForensics, in collaboration with Jeff Carnahan, L.P.G., Vice President – Director of Technical Services, EnviroForensics
As seen in the June 2012 issue of Cleaner & Launderer

PDF Version

More and more often, people are talking about “Risk Based Closures”.  It sounds ominous and complicated, but because so many people are throwing the term around, it seems like everyone is supposed to know what it is.

In general terms, a “Risk Based Closure” is nothing more than the process of getting the regulatory body that is overseeing the cleanup of a contaminated property to agree with the responsible party that the contamination on the property no longer poses a risk to human health or the environment.  The result of this process is the issuance of a letter by the regulatory agency stating that “No Further Action” is necessary on the property.

“Risk Based Closures” are nothing new and have been used for decades.  After all, in most instances, some amount of contamination will still remain after remedial actions have been completed.  It is unrealistic, if not impossible to remove every molecule of contamination at a site. Continue reading “Risk Based Closure; What Is It and Is It Right For Your Situation?”

Do You Know Your Company’s Most Valuable Assets?

Posted on by Jeff Carnahan

Written by Steve Henshaw, P.G., President & CEO, EnviroForensics
As seen in the May 2012 issue of Cleaner & Launderer

PDF Version

When executives talk about a company’s assets, they generally refer to people, property, buildings, equipment, clients, job contracts, and intellectual property.  I’m sure there are more, but how often do executives think that some of their greatest and most valuable assets are old insurance policies that were purchased 10, 20, even 50 years ago?  It’s true – old insurance policies, normal commercial general liability (CGL) insurance policies, that were purchased to protect and cover against claims of bodily injury, other physical injury or property damage and to protect your businesses against incidents that may have occurred on your premises or at other locations where you conduct business could be worth millions of dollars.

If you already know this, then I’m sure you have all of your old insurance policies stored safely and securely.  You also have a summary that shows the coverage by year, along with the names of the insurance companies that issued the coverage, the policy numbers and the policy limits.  If you don’t have this information safely stored, protected from fire and water damage, then you should read on. Continue reading “Do You Know Your Company’s Most Valuable Assets?”

What is a Hazardous Communication Plan and Why Do I Need One?

Posted on by Jeff Carnahan

Written By Adam J. Herrmann, Project Manager, EnviroForensics in Collaboration with Stephen R. Henshaw, P.G., President & CEO, EnviroForensics.
As seen in the April 2012 issue of Cleaner & Launderer.

PDF Version

Do you have a Hazardous Communication Program (HazCom Program) in place?  If you are a dry-cleaning facility and use tetrachloroethylene (PERC) and/or other chemicals for dry-cleaning or spotting, then you should have a current and updated HazCom Program in place.

In 1983, the Occupational Safety and Health Administration (OSHA) released the Hazardous Communication Standards, which was expanded to include non-manufacturing employers in 1987.  The Hazardous Communication Standards provide employees with information regarding the hazards of the chemicals they come into contact with during work or have the potential to come into contact with (“Right to Know”).

In order to achieve a safer working environment for employees and to comply with OSHA, the implementation of a HazCom Program is mandatory when employees are or have the potential to be exposed to hazardous chemicals.  Workplace illness and injuries that are chemical related may be prevented by implementing a HazCom Program.  The HazCom Program is designed to aid in the relations between the employer and employee by opening regular lines of communication.  In addition, a HazCom Program will assist the owner/operator to avoid potential OSHA citations, violations, and related compliance costs.  Continue reading “What is a Hazardous Communication Plan and Why Do I Need One?”

Indiana Supreme Court Stays the Course on Pollution Exclusion: General Liability Policies Continue to Provide Coverage in Indiana

Posted on by Jeff Carnahan

Written By David O’Neill, Director of Investigations, EnviroForensics & PolicyFind

The Indiana Supreme Court has issued its long-anticipated decision in State Automobile Mutual Insurance Company v. Flexdar, Inc. and in so doing has re-affirmed its ruling in American States Ins. Co. v. Kiger, 662 N.E.2d 945 (Ind. 1996) that the absolute “pollution exclusion” typically appearing in commercial general liability (“CGL”) policies issued in policy periods beginning in 1986 and later is ambiguous and unenforceable as to most, if not all, types of environmental liabilities. 

Declining to take State Auto’s suggestion that it bring Indiana’s law more in line with those of other states, the Court rejected what it called “literal” as well as “situational” interpretations of the absolute pollution exclusion, opting instead to stay the course and reaffirm its prior rulings regarding the ambiguity of the exclusion. Continue reading “Indiana Supreme Court Stays the Course on Pollution Exclusion: General Liability Policies Continue to Provide Coverage in Indiana”

Green Clean: How “Environmental” is Remediation?

Posted on by Jeff Carnahan

Written By Keith Gaskill, L.P.G., EnviroForensics, in collaboration with Stephen R. Henshaw, P.G., President & CEO, EnviroForensics.
As seen in the March 2012 issue of Cleaner & Launderer.

PDF Version

Environmental impact due to historical drycleaning practices is not a rarity.  In fact, it’s common to find drycleaning solvents in the soil, groundwater and vapor under and around current and former drycleaning facilities.  A big part of our job is to figure out the means to best remediate the environmental impact.

The purpose of remediation is to abate the environmental impact, clean up the contamination and protect human health and the environment.  But just how much are we affecting our overall environment by cleaning your site?  Does removing 50 tons of impacted soil from under a drycleaning facility clean a site?  Where does that soil go?  Does the installation of a mechanical remediation system such as Soil Vapor Extraction (SVE) not have its own environmental impacts?  The systems run on electricity and electricity must be produced, many times by the combustion of coal or hydrocarbons which creates greenhouse gas emissions and sulfur and other non-friendly emissions.  Even the protective Tyvek suits, Latex gloves and disposable sampling equipment creates waste which is landfilled.  On one hand we are cleaning up a problem and on the other we are creating a problem. Continue reading “Green Clean: How “Environmental” is Remediation?”