Specialty Service Areas

Real Estate Due Diligence

Industrial Hygiene

Mold Consulting

Petroleum Storage Tank Management

Environmental Compliance & Hazardous Materials Management

NORM & Oilfield Waste Characterization and Management

Risk-Based Closure Remediation

Wetlands, Endangered Species, & NEPA

Litigation Support

Compliance

Some of our projects involve litigation or legal assistance to client counsel. In the context of possible litigation, we rely not only on “good science” to back up our opinions, but utilize intelligent and insightful perspectives to assist in resolution of these matters. Our approach has always been to partner with the client’s team of legal experts and to function as a key resource in communicating information in an understandable, yet technically defendable fashion. We are experienced in the preparation of technical opinions and deposition in both formal and informal settings.

• Drinker Biddle & Reath, L.L.P. - Confidential Freight Forwarding Facility (West Texas)
  As part of a “biological contamination case”, TGE was retained to review file information, visit the facility, inspect the facility and provide an opinion as to the presence and materiality of mold within the buildings. The buildings had been damaged following roof collapse/flooding and the tenants (a railroad company) were claiming ill effects. TGE issued an opinion to the law firm who successfully mediated the case to the benefit of all parties.
  
  

• Locke Liddell and Sapp, LLP - Pre-Trial Case Preparation and Expert Testimony for Industrial Adhesives Manufacturer
  Senior management staff of TGE was retained to assist this firm in representing its client, an industrial manufacturing complex, involved in RCRA contamination to groundwater by solvent, which was related to a spill alleged to have migrated to abutting property. TGE assisted client in conducting groundwater testing, evaluating previous (extensive) data, applying/reviewing critical regulatory requirements, estimating costs to complete remediation/closure, and providing depositions in this case.
  
  

• Benthul, Kean & Woodruff, LLP - Confidential Barge Maintenance Facility, Channelview, Texas
  TGE was retained to conduct site assessment, waste delineation, excavation and disposal for this facility owner (under direction of counsel) following state/TCEQ notification of improper burial of hazardous material upon this property by its employees. TGE worked effectively to locate and manage waste appropriately, communicate efforts with counsel and the state and complete this project with a reasonable time frame.
  
  

• Hospital System - Houston, Texas
  TGE was retained by a large hospital system to assist in determining the possible cause of patient death while under care. Working with the infection control department of this facility, TGE conducted a variety of tests including evaluation for Legionella for the facility. This information was used by client in addressing this case with the family of the deceased and associated counsel.
  
  

• Locke Liddell and Sapp, LLP -Confidential Foundry - Beaumont, Texas
  Due to material concerns with regard to work practices and releases of regulated constituents to the environment via air, storm water and solid waste streams, the management staff of TGE were requested to become involved in assisting this client, with counsel, to rectify environmental concerns and compliance violations which had become of a serious nature to regulating authorities. TGE collected and characterized various samples from the subject property, evaluated in-house procedures, prepared documentation necessary to demonstrate compliance and assisted the owner in coming into compliance within a reasonable time frame.
  
  

• Private Investor - Bankruptcy Hearing/Harris County Court
  Senior management staff of TGE was retained by a confidential investor/developer to assist in providing environmental services related to select restaurant locations which had formerly been in operation as industrial property or gasoline service stations. Project efforts included groundwater testing and characterization, regulatory research and “cost to cure”, estimates as well as timing estimates for remediation and closure of environmental concerns. One such site was formerly owned and operated by a major oil company and was known to have groundwater impact as well as improperly abandoned underground storage tanks. With data available for the hearing, TGE provided expert witness/deposition services in bankruptcy court, which allowed client to successfully argue associated environmental costs into bankruptcy filings.
  
  

• Locke Liddell & Sapp, LLP - Litigation Support, Expert Witness
  TGE was retained to perform litigation support for this firm, and named as an expert. TGE dealt with the accidental discharge of sludge onto the ground at an industrial property along the Port Arthur area of the Ship Channel. TGE conducted extensive sampling and characterization efforts at this property, worked closely with counsel to determine damages, reported data within technical reports and presented opinions relative to the cost of corrective action and closure.
  
  

• Gauntt & Kruppstadt, L.L.P. - Mold-Related Commercial Cases
  The services of TGE have been required on numerous occasions by Gauntt & Kruppstadt, L.L.P., to assist in providing professional consulting and assessment efforts on behalf of its clients during preliminary case review, collection of information for defense/trial, and litigation support. These cases have involved major insurance company claims and defense, and have generally been related to lead-based paint, asbestos and biological (mold) exposure within commercial and residential environments. This law firm is often retained by major insurance companies to manage potential bad faith claims or purported negligence. TGE continues to provid technical skills and regulatory knowledge to successfully assist at settling these cases.
  
  

• Gardere, Wynne, Sewell, & Riggs, LLP - Confidential Plastics Manufacturing Facility - Southeast, Texas
  TGE assisted its client in bringing its waste process water discharge into compliance following violations with the local POTW. Client was being sought after legally by the local municipality for waste water discharge violation. TGE also assisted its client in the design and planning of a waste water treatment plant for use in plant operations. TGE prepared and assisted in implementing various compliance programs, including SPCC and SWP3 planning, to bring this plant into compliance following issuance of agreed orders, fines and penalty. TGE was present, with client counsel, during various hearings and settlement discussions to achieve project objectives.
  
  

• Hirsch & Westheimer, P.C. - Confidential Apartment Lofts, Houston, Texas
  TGE has been named as expert, and is in the process of providing litigation support and testimony for a biological (mold) contamination case which deals with construction defect within this high rise apartment loft development (newly constructed). TGE has been involved in assessment and remediation consulting for this property and its developer/owner for three years and has assisted its client (and counsel) in assessing areas of defect and identifying ensuing mold. TGE has also prepared effective plans and remediation specifications intended as loss prevention measures for further damage.
  
  

• Major Hotel Developer and Operator - Claim of Employee Legionella “Wrongful Death”
  TGE was retained to assist this hotel developer/owner following legal claims of wrongful death by an employee’s family due to possible workplace exposure to Legionella bacterium. TGE collected samples of water from all available sources at the site, analyzed these samples appropriately and provided a report to its client. Following site efforts, TGE met with client and assisted the owners engineering staff in instituting a Standard Operating Procedure for removal of Legionella from the water systems.
  
  

• Hardy & John, LLP - Chlordane Exposure Litigation Support, Confidential School in Central Texas
  As a result of complaints of possible exposure of students within a central Texas school, TGE was retained by counsel to conduct extensive testing of soil, air, and horizontal surfaces for chlordane pesticide within areas of complaint, and throughout the facility. TGE worked closely with counsel in preparing a work plan for comment by all parties, implementation of the work plan and preparation of a corrective action document designed to control possible exposure. TGE also provided information within a summary deposition for client use.
  
  

• Karl C. Hoppess & Associates, P.C. for Private Owner/Estate Heir - RCRA Hazardous Waste Spill
  The staff of TGE assisted the firm in demonstrating the level of impact present at an industrial property (formerly used as a shipyard/barge maintenance facility) located along the ship channel in Port Arthur, Texas. This property was pending sale to a municipality planning to construct a multi-use recreational facility. Under TCEQ agreed order, TGE installed a series of groundwater monitor wells, conducted soil and groundwater sampling and prepared comprehensive cost estimates to address impact to the site by historical use. With TGE’s assistance, the firm was able to negotiate a fair price with commissioners court for sale of the site and to address pending issues with the TCEQ.
  
  

• Eric Carter, Independent Counsel for Manufacturing Facility/Private Investor - Harris County Commissioner’s Court -Condemnation Hearing
  TGE performed environmental assessment, technical review, deposition services/litigation support during a Harris County Commissioner’s Court hearing prior to condemnation of client’s property by others. TGE was charged with estimating the value/cost to remediate contamination from former land use to arrive at a fair market value of the site.
  
  

• Confidential Industrial Soap/Detergent Manufacturer - Inner City Houston, Harris County
  Due to a problematic review of this client by the City Of Houston Fire Marshall, and the assessment of numerous fines and penalties for violations of city/national fire code and hazardous materials management requirements, TGE consulted with client to prepare necessary NFPA documents, a Hazardous Materials Inventory System, and a Hazardous Materials Management Plan. Additionally, TGE and counsel assisted client in negotiating with the city to address penalties and fines to a reduced amount, eliminating many compliance concerns, demonstrating institution of Best Management Practice and implementation of associated required plans. TGE also prepared a summary compliance review of the facility for continued client use.
  
  

• Gardere Wynne Sewell & Riggs, L.L.P. - Confidential National Financial Management Firm - Biological (IEQ/Mold) Consulting
  Over a period of two years, TGE has performed multiple comprehensive surveys to identify and manage biological contamination of building materials within clients financial centers, and has overseen abatement of impacted materials for this firm nationwide. Attorneys for the building owner have reviewed TGE’s work products and directed projects which require assessment and abatement of mold concern. Much of the work has been performed in an effort to alleviate heightened awareness and tenant concerns with regard to mold, and provide timely and easy to understand reports for client use.
  
  

• Client Negotiation for Assessment of Penalty - State and Local Institutions
  As a result of clients needs following non-compliance notices from state and local regulating agencies, as well as following state agreed order filings and assessment of fines and penalties, TGE has on numerous occasions prepared plans, specifications, best management practice documents and conducted assessments to bring clients into compliance with applicable rules and regulations. TGE has also attended and assisted during numerous formal and informal hearings with state representatives following assessment of financial penalty, and successfully negotiated to lessen or eliminate client fees imposed by the state (following demonstration of good faith and corrective action efforts).