Environmental forensics is the systematic examination of environmental information that is used in litigation to allocate responsibility for contamination. The science has evolved during the past five to ten years to include a wide range of scientific disciplines that are combined to evaluate common denominator issues such as identification of the source of contamination and when a contaminant release occurred.

Disciplines relied upon to answer these questions include forensic geochemistry, hydrogeology, geology, historical aerial photo interpretation, chemical use history for specific compounds and the ability to model the transport of contaminants in various subsurface environments. The successful use of environmental forensics therefore encompasses an understanding of these disciplines and the wisdom to understand which forensic tools are best suited for different sets of facts.

Forensic Cost Accounting

DPRA assists clients in evaluating expenses incurred at sites undergoing investigation and remediation for purposes of determining the reasonableness of costs incurred in relation to the scope of work performed. In this context, DPRA was retained to conduct audits of past costs for numerous, multi-million dollar insurance coverage disputes. Audits of past costs were performed at over 70 sites, including chemical manufacturing, petroleum refining, rail yards, third-party landfills, and mineral processing, and ranging in cost from less than $1 million to $100 million per site.

In each case, a detailed analysis of invoice-level documentation was conducted to identify and evaluate the type of costs incurred (e.g., investigation, remediation, operational, etc.). Vendor invoices were reviewed and coded. The information extracted from the invoices was entered into a database to create a cumulative chronology of expenses by vendor and year. Work orders/authorizations, regulatory enforcement orders, technical reports, and contractor bids also were reviewed to verify the scope of the work performed. Additionally, expenses were classified and quantified by activity type and allocated between defense and indemnity.

In several cases, deposition and trial testimony regarding the reasonableness of past costs incurred and preparation of expert opinions quantifying remediation and operational-related expenses were provided.