Successful Use of Environmental Fate & Transport Models in Litigation

Environmental fate and transport modeling is a scientific tool used by environmental consultants for years. Until now, it was widely employed as a technical tool to analyze data. This technique has recently moved into the courtroom as a learning tool to help judges and juries better understand the complex environmental factors at play in a given case. First Environment has successfully supported our clients with customized, dynamic modeling that is tailored to their needs. Whether to support equitable allocations at multi-party sites or determine the time of a petroleum release from an underground storage tank, First Environment’s fate and transport modeling provides a complete understanding of the physical, chemical, and biological processes responsible for moving and depositing contaminants.


Our environmental fate and transport modeling experts provide the following scalable and adaptable techniques to support a winning strategy in litigation, mediation, and allocation:


– Relative weighting factor modeling calculates the nature, extent, and timing of environmental contamination; denotes each factor’s relative importance; and calculates a site’s percent allocation.


– Nexus modeling evaluates data to rate and grade the environmental factors that contributed to contaminant migration.


– Volume and mass usage modeling takes known information (such as production data, air emissions, and manufacturing metrics) and converts it into volumes and masses of hazardous substances used at a site over a defined timeframe


– Engineering forensic modeling determines waste generation and egress routes to the environment that can result in a discharge. Combined with usage data, it can be used to demonstrate historical mass loadings and establish a percentage share of the cleanup costs for each party at a multi-party site.


– Mass balance and loading modeling evaluates contaminant concentrations and quantities associated with historic industrial processes to determine the mass amounts of a contaminant added to a system over a fixed period.


First Environment’s fate and transport modeling has achieved proven and supportable results in the courtroom. These models have passed judicial scrutiny and been accepted by the trier of fact as reliable and helpful in understanding the facts of the case. If you think environmental fate and transport modeling may provide the winning strategy for your case, please contact us.