Wednesday, March 10th, 2021

The Invisible Gorilla in the Courtroom:
Managing the Expert Hydrogeologist In the Wake of the
SCOTUS Functional Equivalent Test


Expert hydrogeologists are convinced they are uniquely possessed of the definitive conceptualization of hydrogeologic conditions at any site...and so is every other hydrogeologist representing other parties at those same sites. Risks to your clients escalate when the arbiter of the hydrogeologists' disparate opinions is a non-geologist regulator, or, even worse, a judge. The Site Remediation arena continues to be plagued by uncertainty and decisions devoid of scientific basis because groundwater is a fugacious, transient medium which is never actually observed by either hydrogeologists or regulators.

Faced with defending clients when the decisions pertain to an invisible world flowing beneath their feet site remediation attorneys must synthesize hydrogeologists' esoteric and indirect measurements into a reasoned, compliant, and ultimately defensible site remediation strategy. To most attorneys, judges, and regulators, however, the science of hydrogeology is a black box, into which the recent SCOTUS Functional Equivalency Test has cast an even deeper umbra.


In this half-day live web-based program, an expert hydrogeologist provides site remediation attorneys and environmental professionals with jargon-free explanations of the hydrogeologic factors relevant to defending Functional Equivalency Tests and how those factors can be leveraged into an integrated technical/regulatory strategy to achieve successful closures of site remediation cases and defensible technical cases in the event of legal challenges.