Class Action Toxic Tort Case: Methane Gas Contamination in Water Supplies
Multiple Clients and Stakeholders

Supporting the defense in a class action toxic tort case, Destiny’s Ken Spitze (working for Morrison Knudsen) developed key exhibits while working closely with legal and technical teams. The case was slated for trial in Colorado, New Mexico, and Federal Courts. The result was a denial of the motion for class action certification with subsequent claims dropped in favor of the client defendant. The presiding judge cited Mr. Spitze’s maps and technical support in helping the court to secure an expeditious settlement that proved favorable to our client.

Case defendants included Amoco, represented by Holland and Hart, and Meridian Oil, represented by Holme Roberts and Owen LLP. The primary issue was methane contamination in local water supplies with methane sources, impacts, potential damages, and principal responsible parties (PRPs) as central questions.
Heading a GIS-based investigation, Mr. Spitze worked closely with co-counsel and co-defendants to develop a comprehensive GIS database of geologic feature mapping; theme, causal, and proximity mapping; and the development of cross-referenced views interrelating gas wells, water wells, methane sources, groundwater concentrations, claimed damages, and property values.

Making extensive use of GIS, Mr. Spitze analyzed and mapped key relationships examining claimed damages compared to potential contaminant sources, the locations of surface concentrations and sub-surface plumes, claimant properties, and regional background data including topography, drainage, water table, water receptor data, well locations, and other hydrologic features. Producing a number of detailed visualization, Mr. Spitze used GIS to produce a time-series of “snap-shot” views illustrating property valuations and other criteria at key locations and key times. The snapshots, related reports, and map products proved instrumental in winning the denial of class certification, and in determining potential risks or liabilities, including source and potentially responsible parties (PRPs) for all of the claimed damages.

 

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