Disputed Groundwater Withdrawal Permit in South-Central Oklahoma

In November 2002, Meridian Aggregates Co., a wholly owned subsidiary of Martin Marietta Materials Inc., applied for a permit to withdraw groundwater from the Arbuckle-Simpson in south-central Oklahoma at a rate of 1,400 acre-feet/yr for dust suppression and crushed stone washing at the company’s aggregate mining operations in Johnston County, Oklahoma. A local grassroots organization, Citizens to Protect the Arbuckle-Simpson Aquifer (CPASA), which arose when local citizens acted in response to man-made threats to the Arbuckle Simpson aquifer and the springs and streams which flow from it, opposed this permit application.

Although Arbuckle-Simpson aquifer, a sole-source bedrock aquifer which lies beneath a surface area of about 500 square miles in south-central Oklahoma, contains a vast amount of high quality groundwater, its rate of recharge is low (less than one-acre foot/yr). Consequently, CPASA was and remains concerned that water withdrawal from the aquifer in excess of recharge could threaten municipal water supplies, more than 100 springs and streams whose flow depends solely on the flow of groundwater. Loss of the groundwater resource for these uses would adversely impact numerous commercial, recreational, municipal and federal facilities rely on the waterways fed by spring flows of the Arbuckle Simpson aquifer.

Lithochimeia worked on behalf of CPASA to review and analyze data as well as numerous technical studies regarding the hydrogeology and geology of the Arbuckle-Simpson aquifer. Lithochimeia developed a geological interpretation regarding the hydro-geologic behavior of that portion of the Arbuckle-Simpson aquifer that would be impacted by Meridian Aggregates’ proposed groundwater well and quarrying operation that indicated potential for adverse impact to local springs at the proposed groundwater withdrawal rate. Lithochimeia’s work included a geologic inspection of the quarry under development and the area surrounding the quarry. Lithochimeia provided an written expert opinion, deposition testimony and live testimony at an Oklahoma Water Resources Board (OWRB) administrative law hearing.

In mid-2006, and after a lengthy administrative law process, the OWRB granted Meridian a permit to withdraw 274 acre-feet/yr, or approximately 20% of the 1,400 acre-ft/year in Meridian Aggregates’ original permit application.

NPDES Permit Dispute near Hot Springs, Arkansas

In March 2006, an individual citizen filed a request for review with the Arkansas Pollution Control and Ecology Commission of a National Pollutant Discharge Elimination System (NPDES) Permit issued to Umetco Minerals Corporation for wastewater discharge from the Wilson Vanadium Mine. The Wilson Vanadium Mine is a 375-acre site located about 8 miles east of the city of Hot Springs, Arkansas in Garland County, Arkansas. The NPDES permit review was requested because the citizen believed that the permit would allow the discharge of wastewater that would create an environmental hazard, would allow the pollution of Wilson Creek and would adversely impact his property interest and his use and enjoyment area waters.

Lithochimeia worked on behalf of the individual citizen to review an extensive collection of documents obtained from UMETCO and from the Arkansas Pollution Control and Ecology Commission. These documents included technical reports, surface water, groundwater and soil sampling data, discharge monitoring reports, administrative correspondence and others. In addition, Lithochimeia undertook a limited field sampling effort focused on better defining the distribution and occurrence of contaminated soils on the site. After extensive file review and two site visits, Lithochimeia developed an opinion that the wastewater discharged from the Wilson Vanadium Mine was process wastewater that contained nickel, that the road right-of-way on the site was contaminated by metals and that non-permitted discharges were taking place from the mine site. Lithochimeia prepared an expert report and offered deposition testimony and testimony before an administrative hearing officer for the Arkansas Pollution Control and Ecology Commission.

Oilfield NORM Defense, Southwestern Mississippi

Assisted in the technical defense of a large multinational oil company which was a predecessor in interest Mississippi oil fields in which NORM-related claims were brought.

The first matter involved assertions of NORM, hydrocarbon and hazardous substance contamination of soil and surface water at an historic production location in Adams County, Mississippi. The second matter involved claims of field-wide groundwater contamination and widespread surface contamination with NORM and nonhazardous oil field wastes in the Brookhaven oil field (~20 square miles in Lincoln County, Mississippi).

Assisted in the defense of Chevron in a series of actions involving allegations Worked with legal team to define the approach to technical defense of the case, located and retained expert witnesses, provided liaison with technical experts, reviewed and analyzed plaintiffs and experts opinions and documents, provided near-real-time technical analysis of plaintiffs’ experts’ testimony during depositions and hearings, drafted defense expert
witness affidavits, managed and directed field sampling efforts, managed and directed data compilation of geologic and petroleum engineering data, drafted and presented mock trial testimony, and managed and directed production of geologic and petroleum engineering trial exhibits.

Assisted in the defense of Chevron in an action in the Baxterville oil field in Lamar County, Mississippi. The case involved allegations of field-wide groundwater contamination and widespread surface contamination with NORM and non-hazardous oil field wastes. Worked with legal team to define to define the approach to technical defense of the case, located and retained expert witnesses, provided liaison with technical experts, reviewed and analyzed plaintiffs’ experts’ opinions and documents, provided near-real-time technical analysis of plaintiffs’ experts’ testimony during depositions and hearing, managed and directed data ompilation of geologic and petroleum engineering data, and managed and directed production of geologic and petroleum engineering exhibits.

Worked with legal team to define the approach to technical defense of the case; located and retained expert witnesses; provided liaison with technical experts; reviewed and analyzed plaintiffs, experts’ opinions, and documents; and organized field sampling efforts.

Natural Resource Damages, Calcasieu Estuary, Louisiana

The Calcasieu Estuary includes the area of the Calcasieu River from northern Moss Lake to the salt water barrier at Lake Charles. The Calcasieu Estuary is an industrialized area where several petrochemical and agrochemical plants manufacture and process diverse products including, petroleum fuels, lubricating oil, chlorinated solvents, synthetic rubber, olefins and pigments. Industrialization of this area took place beginning in the 1920s, but greatly intensified during the Second World War and expanded even more in the post-war period.

In the early 1990s federal and state natural resource trustees began a natural resource damages action against industrial concerns that discharged to the estuary. Lithochimeia provided technical assistance to counsel for a predecessor in interest to numerous industrial sites surrounding the Calcasieu estuary. Assistance provided included construction of current and waste profiles for all industrial sites surrounding the estuary from a consideration of the processes employed at these sites, review of environmental sampling data, air photo review of GIS mapping.