LITIGATION SUPPORT AND EXPERT WITNESS EXPERIENCE

UHL & Associates, Inc. provides litigation support and expert testimony for municipal, industrial, commercial, and private parties involved in water rights and contamination matters.  Principals of Uhl have prepared numerous technical documents, expert reports, and affidavits for litigation purposes; given depositions and have provided expert courtroom testimony; and have participated in technical/cost apportionment settlement negotiations.

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION (NJICLE)

In 2013, the firm put together a Technical Seminar for the New Jersey Institute for Continuing Legal Education (NJICLE) titled "Groundwater & Remediation Science for Lawyers" moderated by Lewis Goldshore, Esq. This seminar was given in 2013 and 2014 and is planned for 2015.

PARTIAL LISTING OF CLIENTS

COURT-RELATED TESTIMONY

Corden v. Anderson: 1985, Waterbury, CT
Represented the Cordin family in a matter involving a property transfer and gasoline contamination of a domestic well in Bethlehem, CT.

Key Areas: Groundwater Contamination; Petroleum Products; Contaminant Source and Migration; Domestic Well.

Attorneys: Grady and Riley; Waterbury, CT

Town of Bloomfield v. URS/MSR Engineers, Inc.: 1987, Newark, NJ
Represented URS/MSR Engineers, Inc. in a matter involving well design, capacity, and water-quality issues for a municipal production well.

Key Areas: Municipal Production Well Design in Bedrock; Aquifer Pumping Test and Safe Yield Analysis; Drinking Water Quality Evaluation.

Attorneys: Whipple, Ross & Hirsh; Parsippany, NJ

Carr v. Getty Oil and Magnus Construction Co.: 1988, Doylestown, PA
Represented Magnus Construction Co. in a case involving gasoline contamination at a service station.

Key Areas: Petroleum Product Contamination; Product Differentiation; Apportionment of Responsibility; Soil and Groundwater Contamination.

Attorneys: Power, Bowen & Valimont; Doylestown, PA

A&W Artesian Well Co. v. Leo O’Hara and Marilyn O’Hara: 1998, Dedham, MA
Represented the O’Hara’s in a case involving residential well problems as a result of well redevelopment.

Key Areas: Well Construction; Well Redevelopment Practices.

Attorneys: Griffin & Goulka, Boston, MA. William P. Lenahan, Mansfield, MA

Trustees of Northside Sanitary Landfill Site Trust Fund v. Commissioner IDEM and Boone County Resource Recovery Systems, Inc.: 1998, Indianapolis, Indiana
Represented Northside Sanitary Landfill Trustees in a case involving permitting issues for an adjacent landfill facility and potential impacts.

Key Areas: Groundwater Flow; Depth to Top of Water Table; Groundwater Flux.

Attorneys: Barnes & Thornburg; Indianapolis, IN

J&D Development v, Bethlehem Township: 2002, Belvedere, NJ
Represented J&D Development in a case involving lot size and groundwater recharge issues.

Key Areas: Groundwater Recharge; Lot Size Calculations; Groundwater Sustainability.

Attorneys: Garofalo & Pryor

Pio Costa v. Township of Montville: 2007, Morristown, NJ

Represented Montville Township, NJ in a water rights case with ramifications for the Township’s sole source of water supply.

Key Areas: Aquifer/Groundwater Sustainability; Municipal Well Impacts; Glacial and Bedrock Aquifer Systems.

Attorneys:  Johnson Murphy, Riverdale, NJ

DEPOSITIONS

Township of Bloomfield v. URS/MSR Engineers, Inc.: 1987

Case Details Provided Above.

Old Bridge Environmental Commission v. NJDEP et al.: 1988, New Brunswick, NJ
Represented the Old Bridge Environmental Commission in a case against the NJDEP in regard to implementation of a proposed cleanup plan for a major Superfund Site.

Key Areas: Municipal Wellfield Impacts from Industries; Chlorinated Solvent and Metals Sources; Remedial System Appropriateness; Timing Issues.

Attorneys: Ball, Livingston & Tykulskar; Newark, NJ

Laezza v. Exxon et al.: 1990, Ocean County, NJ
Represented Wassau Insurance Company in a case involving contamination of groundwater from a service station and related contamination of a nearby municipal wellfield.

Key Areas: Municipal Wellfield Contamination; Contaminant Migration and Timing; Apportionment; Costs and Applicability of Remedial Technologies.

Attorneys: Bumgardner, Hardin & Ellis; Springfield, NJ

The Reliance Insurance Co. v. Lumbermans Mutual Casualty Co. and AVX Corporation: 1990, Western District of New York
Represented AVX Corporation in an insurance matter related to the contamination of soil and groundwater media at an industrial facility in Western New York State.

Key Areas: Timing and Mechanism of Chlorinated Solvent Contamination; Contamination Sources; Groundwater Flow and Quality; Cost Recovery.

Attorneys: Nixon, Hargrave, Devans & Doyle; Rochester, NY

Lutz et al v. Chromatex, Inc. et al.: 1991, Hazleton, PA
Represented homeowners whose private wells had been impacted by volatile organic constituents.

Key Areas: Groundwater Flow in Bedrock (Fracture Flow); Source Delineation; Apportionment of Responsibility; Timing of Chlorinated Solvent (VOC) Contamination.

Attorneys: Williams & Cuker, Philadelphia, Pa

J. T. Baker v. Aetna Insurance Company et al.: 1989-1997, Warren County, NJ
Represented Aetna Insurance Company in a matter related to contamination of soil, river sediment and groundwater media from historical operations at a major chemical facility in Western New Jersey.

Key Areas: Timing and Mechanism of Impact to the Soil, Sediment and Groundwater Media from Chlorinated Solvents, Metals and Pesticides; Groundwater-Surface Water Interaction; Extent and Severity of Impact to Various Media at 17 Areas of Concern.

Attorneys: Harwood Lloyd; Hackensack, NJ

Nappi Colonial Concrete Co., et al. v. Westchester Colprovia Corporation, Inc. et al.: 1992, Southern District of New York
Represented Nappi Colonial Concrete Co. in a matter concerning groundwater quality impacts to the property from an adjacent facility.

Key Areas: Groundwater Flow Analysis; Chlorinated Solvent (VOC) Contaminant Source and Migration Determination; Assessment of Impacts.

Attorneys: Berle, Kass & Case; NY, NY

EQ at Bedminster, L.P. v. Texaco, Inc. et al.: 1992, Bedminster, NJ
Represented EQ at Bedminster in a matter concerning gasoline product occurrence and interference with construction of a new office building.

Key Areas: Groundwater Flow Conditions in Bedrock; Fracture Flow; Vertical Groundwater Flow; Responsibility in Multi-Party Suit; Construction Damages.

Attorneys: Podvey Sachs; Newark, NJ

Big V Supermarkets, Inc. and Somers Development Corporation v. General Industries et al.: 1994, Southern District of New York
Represented Big V Supermarkets in a CERCLA cost recovery case involving soil and groundwater contamination from a dry cleaner and related contamination of nearby private and commercial supply wells.

Key Areas: Private and Commercial Well Contamination; VOC (PCE) Source Delineation; DNAPL Potential; Groundwater Flow Conditions in Bedrock Aquifer System Under Sustained Pumping; Timing of Impact; Contaminant Transport Modeling; Apportionment.

Attorneys: Whiteman, Osterman & Hanna; Albany, NY

Gussack Realty Corporation v. Xerox: 1996-1998, Southern District of New York
Representing Xerox Corporation in a case involving alleged groundwater trespass.

Key Areas: Groundwater Flow in Fractured Bedrock; VOC Contaminant Plume Evaluation; DNAPL Issues; Fundamentals of Bedrock Hydrogeologic Systems.

Attorneys: Kelley, Drye & Warren; NY, NY

Pio Costa v. Township of Montville: 2007
Case details provided above.

OTHER CASES

North Penn Water Authority v. Leeds & Northrup et al.: 1995-97, Philadelphia, PA Represented Leeds & Northrup, one of four defendants, in a case involving a municipal well contaminated with chlorinated solvents. Hydrogeologic conditions were characterized by fracture flow in bedrock and complex historical pumping stresses from multiple pumping centers.

Key Areas: Municipal Wellfield Contamination with Chlorinated Solvents; Groundwater Flow Conditions in Fractured Bedrock; Capture Zone Analysis for Production Wells; Multiple Defendants; Apportionment.

Attorneys: Nixon, Hargrave, Devans & Doyle; Rochester, NY

Irene Jones v. Township of South Orange: 1998, South Orange, NJ
Represented the Township of South Orange in a case involving residential basement flooding.

Key Areas: Shallow Groundwater Flow; Water-Level Response to Precipitation Events; Water-Level Response to Pumping Stresses.

Attorneys: Gaccione, Pomaco & Beck

Franklin Court Condominium v. Edwards Supermarkets Inc, Giant Food Stores Inc., Whitestone Association, Anco Environmental Services et al.: 1999 – 2003. Hudson County, NJ Represented the Franklin Court Condominium in a case involving release of fuel oil next to a condominium

Key Areas: Fuel Oil Contamination; Impacts to Soil and Groundwater; Vapor Impacts; OSHA Requirements.

Attorneys: Korona, Beides & Eaton

Township of Montville, NJ v. Lotta Lettuce Farms, LLC.  2005 – Present
Represented the Township of Montville, NJ in a case involving water rights in a sole source aquifer system for public use.
Key Areas: Aquifer Sustainability, Sole Source Aquifer.
Attorneys:  Laddey, Clarke & Ryan, Sparta, NJ

Morris Commons, LLC v. Township of Rockaway and Township of Rockaway Planning Board. 2013 to Present
Court appointed Independent Hydrogeologist for the Special Master and Judge - Superior Court of New Jersey, Morris County.
Key Areas: Municipal Production Well Design; Well Efficiency Evaluation; Well Redevelopment.

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