Recycling Plant Sued After Failing To Comply With Environmental Regulations

This case involves a recycling plant that was recently shut down for various breaches of environmental regulatory codes. A class of investors filed suit against the plant’s corporate executives asserting that the plant made misleading statements about their level of compliance with environmental regulations. The plant repeatedly violated air quality standards with their improper storage practices, contaminated drainage channels, and failed to sufficiently protect against spills of hazardous waste. The plant received an order suspending operations at the facility and filed for bankruptcy. An expert in environmental regulations was sought to discuss the various environmental issues that this facility faced and provide an opinion on whether or not the regulators would have taken material adverse action against the plant if not for the non-prosecution claim.

Question(s) For Expert Witness

1. Please describe your experience as it relates to environmental regulation.

2. Can you discuss the background and reasons for these regulations?

Expert Witness Response E-008419

For the last 16+ years, my job has been the environmental, health, and safety management for the county of a western state. I manage a group of eight risk management and environmental professionals. No serious OSHA or EPA/DTSC regulatory citations or fines have been issued to the county during my time as the environmental, health, and safety manager. My county is the largest local employer and largest landowner in the state and has an annual budget of over $5 billion. I participated in the billion-dollar litigation effort led by the county that successfully sued for the decontamination and remediation of many homes. My work history includes working on health and safety issues with several environmental consulting companies along with major construction and manufacturing corporations. For the last 4-5 years, I have been doing outside expert witness/consulting work. I am very familiar with environmental regulations including the background for these regulations and specifically environmental compliance and remediation. I can speak to toxic substance regulations and air quality management regulations and their enforcement.