October 21, 2016: The Green Room, WEMU 89.1 "Your Community NPR Station," Ypsilanti, Michigan. David Fair and Barbara Lucas go in search of answers in the 24th series installment of the “The Green Room." This episode explores the rising concern about the detection methods used to identify 1,4-Dioxane in water sources across the country. Philip Simon and Sarah Stubblefield are prominently featured in this episode discussing the in-house expertise and laboratory instrumentation used to test for 1,4-Dioxane at Ann Arbor Technical Services.
Lower Fox River Apportionment Litigation
September 25, 2014: Chicago, Illinois. The U.S. Court of Appeals for the Seventh Circuit ruled in two important cases that the district court erred in its consideration of NCR’s divisibility defense, and its decision to enter a permanent injunction barring cost recovery by NCR and ACPC for remediation they have undertaken of PCB contamination in sediments of the Lower Fox River.
At the same time the Court affirmed the lower court ruling that NCR was not liable for this contamination through arranger status. These are major victories for NCR and ACPC, and for proponents of divisibility of costs and responsibility in matters involving environmental remediation. ATS provided technical support and expert witness testimony for both NCR and ACPC in these matters. Ann Arbor Technical Services, Inc.
"NCR Wins CERCLA Appeals" Cravath, Swain, and Moore, LLP. http://www.cravath.com/NCR-Wins-CERCLA-Appeals/
"NCR Wins Trial on Arranger Liability under Superfund Statute" Cravath, Swain, and Moore, LLP. http://www.cravath.com/NCR-Wins-Trial-on-Arranger-Liability-under-Superfund-Statute/
“Fox River Superfund Litigation, Seventh Circuit Opinions” David A. Rabbino. Tonkon Torp, LLP, E-Outlook, Year 2014, Issue 4, Environmental & Natural Resources Law Section, Oregon State Bar. http://www.tonkon.com/assets/documents/news//Fox%20River%20Superfund%20Litigation%20E-Oulook%202014.pdf
"Seventh Circuit Addresses UAO Enforcement and CERCLA Arranger Liability in Fox River PCB Litigation" Alston & Bird, LLP. http://www.alston.com/files/Publication/75a385c1-d56b-4507-82a5-7675206400f1/Presentation/PublicationAttachment/1dc19edd-68cd-4034-abaa-83c10edf6c01/14-798-CERCLA-Advisory.pdf
“The Seventh Circuit Breathes New Life Into The Divisibility of Harm” William Hyatt. American College of Environmental Lawyers. November 19, 2014. http://www.acoel.org/post/2014/11/19/THE-SEVENTH-CIRCUIT-BREATHES-NEW-LIFE-INTO-THE-DIVISIBILITY-OF-HARM-DEFENSE-TO-JOINT-AND-SEVERAL-LIABILITY-.aspx
“Superfund Divisibility and Allocation in the Seventh Circuit” Carey S. Rosemarin, P.C. October 23, 2014. http://www.rosemarinlaw.com/superfund-divisibility-and-allocation-in-the-seventh-circuit/
"7th Circuit sorts out Fox River Liability" Enviro.BLR.com October 21, 2014. http://enviro.blr.com/environmental-news/waste/PCB-polychlorinated-biphenyls-management/7th-Circuit-sorts-out-Fox-River-liability/
"Seventh Circuit Expands Apportionment Defense, Potentially Limiting Joint and Several CERCLA Liability" Bingham McCutchen LLP. October 15, 2014. http://www.bingham.com/Alerts/2014/10/Seventh-Circuit-Expands-Apportionment-Defense
"7th Cir. Superfund Opinions Likely Mean Reduced Share for NCR, Attorney Says" Bloomberg The Bureau of National Affairs, Inc. Toxics Law Reporter. October 4, 2014. http://www.riddellwilliams.com/uploads/pdf/articles/article20141004-7thcir-superfund-ncr.pdf
“The Expanding Availability of Apportionment To Limit Liability in Superfund Cases” Robby Sanoff. Law & The Environment. Foley Hoag, LLP. September 29, 2014. http://www.lawandenvironment.com/2014/09/29/the-expanding-availability-of-apportionment-to-limit-liability-in-superfund-cases/
"Seventh Circuit Issues Two Decisions Involving Cleanup of Wisconsin’s Lower Fox River and Green Bay Superfund Site" Environmental Law Professor Blog. Todd Aagaard. September 28, 2014. http://lawprofessors.typepad.com/environmental_law/2014/09/seventh-circuit-issues-two-decisions-involving-cleanup-of-wisconsins-lower-fox-river-and-green-bay-s.html
Tittabawassee River Remedial Investigation
November 2008: Midland, Michigan: In 2006, a multi-year river process-based, Remedial Investigation (RI) was initiated by ATS on the Tittabawassee River for The Dow Chemical Company to characterize the distribution of chlorinated furans and dioxins (primary constituents of interest or primary COI) and more than 200 other chemicals (secondary constituents of interest or secondary COI) in the river and floodplain. In 2008, the Tittabawassee River RI was successfully completed under collaborative work plans and agreements between The Dow Chemical Company and the State of Michigan Department of Environmental Quality and U.S. Environmental Protection Agency (USEPA) Region 5.
The GeoMorph process proved to be both highly cost-effective and well accepted by State and Federal Regulators. During the unprecedented 3-year field investigation of the Tittabawassee River, this process was successfully used to map the river morphology and characterize the nature and extent of primary and secondary COI in river sediments and floodplain soils along 24 river miles and covering more than 8,000 floodplain acres.
Ann Arbor Technical Services, Inc.
“The detailed sampling and mapping in the Tittabawassee River has been phenomenal, I think the Saginaw River and Saginaw Bay are entitled to the same level of sampling, so the resources also could be restored.”
Midland Daily News, November 7, 2008 - Michelle Hurd Riddick, Lone Tree Council.
“Dow’s contractors ATS did a great job utilizing GeoMorph for sampling in the Tittabawassee River and floodplain, Dow need not re-invent the wheel on the Saginaw River and Bay”
Midland Daily News, October 11, 2008 - Michelle Hurd Riddick, Lone Tree Council.
“The MDEQ hereby approves the 2008 SAP and QAPP subject to modification and clarification identified…”
Letter, July 10, 2008 - George Bruchmann, Chief, Waste and Hazardous Material Division, MDEQ.
“…application of the GeoMorph process to the Tittabawassee River appears to be successfully defining the extent of contamination for remedial and risk management purposes.”
Letter, February 1, 2008 - George Bruchmann, Chief, Waste and Hazardous Material Division, MDEQ.
“…everyone has agreed with the effectiveness of the GeoMorph river mapping system in locating deposits, with thousands of data points already collected along the Tittabawassee River. Soon, the only point of contention will be the toxicity of dioxin and furans.”
Midland Daily News, January 31, 2008 - Ralph Dollhopf, Assoc. Director, Region 5 Superfund Division, US EPA.
“The MDEQ hereby approves the 2007 SAP and QAPP subject to the modifications and limitations identified…”
“…the MDEQ has determined that the pilot phase of the GeoMorph based investigation has been successful and that the GeoMorph process, subject to the limitations and clarifications identified below, is approved for use to complete the site characterization for the balance of the Tittabawassee River Study Area and the upper portion of the Saginaw River.”
“The agencies are, however, both in support of the "GeoMorph" process. The DEQ approved the plan in July and sampling began late that month.”
Midland Daily News, August 10, 2006 - Kathie Marchlewski.
“We believed it was a more comprehensive approach that we could conceptually get behind.”
Midland Daily News, August 10, 2006 - Allan Taylor, Waste and Hazardous Material Division, MDEQ.
“The MDEQ Hereby approves the SAP and the associated QAPP as a pilot methodology to characterize sediment and floodplain soils in the Upper Tittabawassee River (GeoMorph reaches A-O), subject to the exclusions and limitations identified…”
Letter, July 12, 2006 - George Bruchmann, Chief, Waste and Hazardous Material Division, MDEQ.
In the News
ATS's testimonials of success are often conveyed through public channels and media.
2010 - present
2010 - present