Environmental Lawsuits

Legal Expert Case Experience and Forensic Case Experience

Examples of environmental lawsuits

1) Client: Environmental Litigation Group (ELG)

Martha Custer, et al., vs. Cerro Flow Products, Inc., 2017 – 2018

Mr. Miller was retained as an expert witness, produced a detailed Expert Report, and was deposed by defendants.  The case is scheduled for trial in February 2018, where Mr. Miller will be an expert witness. Mr. Miller and ZMAssociates provided air dispersion modeling demonstrating the air emission dispersion pattern from historic process air emissions from Cerro Copper secondary copper smelter operations, over a 50-year time span.  Mr. Miller used the U.S. EPA AERMOD air dispersion model to show that Cerro Copper process emissions created an unacceptable dioxin and furan exposure for at least 19 plaintiffs living down-wind of the Cerro operations.

Client Contact: Gregory Cade, Attorney
Environmental Litigation Group
2160 Highland Avenue South
Birmington, AL 35205
(205) 328-9200
gcade@elglaw.com

2) Client: Whitfield & Eddy Law Firm

Tom Johansen, et al. vs. Noranda Mining, Inc., et al, in the District Court of the Sixth Judicial District of the State of Idaho, In and for the County of Bannock, Case No. CV-10-2173-PI., 2012-2013

Mr. Miller was retained as an expert witness, produced a detailed Expert Report. and was deposed by defendant’s attorneys and experts. The case was settled out of court, in part due to Mr. Miller’s expert report and analysis results forcing the mining companies to settle the case rather than go to trial. Mr. Miller and ZMAssociates provided expert forensic chemical research, analysis, dispersion modeling and human health risk analysis supporting plaintiff exposure and medical injury claims of injury due to exposures of toxic metals emitted, transported, and leached from the Blackbird Cobalt mine operations, in Salmon, Idaho.  Mr. Miller’s work was backed with good science, good data, and utilization of state of the art forensic analysis and contaminant modeling protocols.

Client Contact: Tom Reavely, Attorney
Whitfield & Eddy Law Firm
317 Sixth Avenue, Suite 1200
Des Moines, IA 50309
(515) 246-5519
reavely@whitfieldlaw.com

3) Client: Brownstein, Hyatt, Farber, Schreck Law Firm

Rosanne Borsch, et al. vs. Chevron Corporation, et al./ Lead Case No. YC 056077 and Julie Murray, et al. v. Chevron Corporation, et al. Case No. YC 056221, Los Angeles County Superior Court., July 2009

Mr. Miller was retained as an expert witness, produced a detailed Expert Report, and was deposed by defendant’s legal team.  The case was settled out of court, due to Mr. Miller’s in-depth technical report showing that Greka Energy was not culpable for the alleged plaintiff exposures.  In fact, Mr. Miller demonstrated that plaintiff exposures to workplace toxins were more likely to have caused the fatal illness that the plaintiffs experienced.

Mr. Miller and ZMAssociates provided in-depth research on plaintiff claims, potential chemical exposures, routes of exposure, risk analysis, modeling, and a summary expert opinion report.  Due the extensive work by ZMAssociates in concert with great legal representation, the case was settled before going to trial.

Client Contact: Eric Berg, Attorney
Brownfield, Hyatt, Farber, Shreck Law Firm
21 East Carrilo Street
Santa Barbara, CA 93101
(805) 882-1408
eberg@bhfs.com

4) Client: Martin Marietta Corporation

Orchard View Farms, Inc. vs. Martin Marietta Aluminum, Inc., No. 73-3080 (9th Cir. June 23, 1975

Mr. Miller was retained as an expert witness.  Mr. Miller prepared a detailed Expert Report and was deposed by defendant’s legal team.  The case was temporarily referred to mediation by the court.

Mr. Miller provided background research and technical data for legal arguments during the lengthy jury trial. This work included compiling more than 10 years of complex ambient air monitoring data, plant air discharge data, and meteorological data, and literature search, statistical analysis, modeling support, and strategy and opinion papers.

Client Contact: Mr. Joe Byrne, Martin Marietta and Christopher Rycewicz, Attorney
Miller Nash Graham & Dunn Law Firm
3400 U.S. Bancorp Tower
111 S. W. Fifth Avenue
Portland, OR 97202
(503) 224-5858
Christopher.rycewicz@millernash.com