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Litigation Support

What technical information do we need to successfully present our case?

Is your company being sued for alleged, significant off-site air toxic impacts? BlueScape will assist you through the litigation process:

  • We will provide you with expert support for air toxic tort litigation cases, including Proposition 65.
  • We will review the plaintiff's air toxics health risk and exposure assessment assumptions for scientific validity.
  • We will determine methods needed to refine predicted health risks, using the latest air dispersion modeling tools and exposure assessment techniques.

Whether your case is dropped, goes to settlement, or to court, BlueScape will work with you and your attorney to establish and present the facts.

When your company faces litigation due to:

  • California Proposition 65
  • Toxic tort class action lawsuits
  • Air quality rules and regulations

Turn To BlueScape...

We provide the necessary technical services:
  • Health risk assessments (HRAs) and exposure assessments
  • Pretrial or settlement preparation
  • Technical refinements advisement
  • Expert witness testimony

We help to ease the burden of legal issues by providing critical documentation to support your operations.

Sample Projects

Industry: Metal Plating and Finishing
Client: Confidential
Prime Contractor: BlueScape

Proposition 65 Litigation; Perchloroethylene Emissions. Prepared a Proposition 65 health risk assessment for a confidential metal polishing and plating facility that uses perchloroethylene in a vapor degreasing operation. A citizen's group (plaintiff) contended that the facility failed to warn off-site receptors of perchloroethylene exposures above the no significant risk level (NSRL), including a school, residences, and commercial locations. Used refined analysis methods to show that, given very conservative exposure assumptions that overstate actual risk, exposure values above the NSRL were confined to commercial locations very near the emissions source. Case did not go to trial, and the client settled with the plaintiff.

Industry: Metal Parts Manufacturing
Client: Confidential
Prime Contractor: BlueScape

Proposition 65 Litigation; Perchloroethylene Emissions. Client sells seating equipment to the aerospace industry and is currently being sued by a citizen's group under Proposition 65 for perchloroethylene emissions. Although the facility provided clear and reasonable warnings to the community in the local newspaper, the plaintiff contends that the warnings were not adequately provided to the exposed community. The plaintiff's health risk assessment shows impacts above the NSRL at many nearby residential locations. Working with the client and another consultant, BlueScape identified emissions and modeling refinements that can be reasonably made to limit the extent of risk isopleth.

Industry: Building Materials Manufacturing
Client: Confidential
Prime Contractor: BlueScape

Proposition 65 Litigation; Formaldehyde Emissions in Southern California. A confidential building materials manufacturer in Southern California was notified by a citizen's group that formaldehyde emissions led to community exposures above the no significant risk level (NSRL). Met with the citizen's group counsel and presented a community exposure assessment, which showed that cancer risks due to formaldehyde emissions from the facility were insignificant at all offsite locations. Given this fact, and the fact that the facility planned to shutdown within the next year, the citizen's group pursued no further legal action.