Summary of Environmental Quality
Litigation Support, Permitting, & Regulatory
Expertise and Experience
G. Fred Lee, PhD, PE, AAEE BCEE, F.ASCE, President
R. Anne Jones-Lee, PhD, Vice President
G. Fred Lee & Associates
27298 E. El Macero Drive
El Macero, California 95618-1005
tel (530) 753-9630
[email protected]
Hazardous, Solid Waste and Water Quality Litigation and
Permitting of Solid Waste, Hazardous Waste and
NPDES Discharges/Runoff
Dr. G. Fred Lee & Dr. Anne Jones-Lee specialize in assisting attorneys, industries, governmental agencies and others in environmental quality litigation and hearings, and in permitting of solid waste and hazardous waste facilities and wastewater discharges/runoff. Drs. Lee and Jones-Lee have extensive experience in many aspects of these areas including,
Survey of Examples of Litigation, Permitting, and Regulatory Work
Drs. G. Fred Lee and Anne Jones-Lee's experience in these areas includes work with:
In addition to being active in the above litigation, hearings, and other legal proceedings, G. Fred Lee and Anne Jones-Lee have been active in a variety of other activities related to hazardous and solid waste management; water supply water quality; water, wastewater, and leachate treatment; water pollution control; and evaluation of impacts of contaminants on receiving water quality for surface waters, groundwaters, and marine waters.
Brief Description of Selected Recent Activities in
Review of PCB Pollution of Upper Fox River, WI
Thorhild County, Alberta, Canada
Clinton Landfill, DeWitt County, IL
US Gypsum Facility, Port of Stockton, CA
Carleton Farm Landfill, Detroit, MI
Cortina Landfill, Colusa County, CA
Turkey Run Landfill, Meriwether County, GA
Landfill Liner Leak Detection System, Dallas, TX
Tulane University Environmental Law Center, New Orleans, LA
Campo Landfill, San Diego County, CA
Sydney, Nova Scotia, Canada Tar Ponds Remediation
San Joaquin River and Delta, CA
Dr. Lee has been involved in water quality issues of the San Joaquin River and Delta system in the Central Valley of California, for the past two decades. In the sping of 2006 he presented an invited paper at the Great Valley Conference Center, Modesto, CA, summarizing current issues for this system. The PowerPoint slides used for this presentation, and the report upon which it was based can be viewed with Adobe Reader.
Peoria County, IL
Morrow County, OH
Kankakee Landfill, Kankakee, IL
Pottstown Landfill, Pottstown, PA
Turkey Run Landfill - Meriwether County, GA
Culverton Plantation Landfill - Hancock Co., GA
Gentilly Landfill, New Orleans, LA
Sunshine Canyon Landfill, CA
Palos Verdes Landfill, CA
Grand Forks Landfill, Turtle River Township, ND
Southpoint Landfill, Mobile, AZ
Coventry Landfill, VT
Hammond Sanitary District, IN
DeltaKeeper/California Sport Fishing Protection Alliance, Stockton, CA
California Sportfishing Protection Alliance
UCD/DOE LEHR National Superfund Site
Dr. Lee serves as the US EPA-supported Technical Assistance Grant advisor to the public (Davis South Campus Superfund Oversight Committee) on the adequacy of investigation and remediation of the UCD/DOE LEHR national Superfund site on the University of California-Davis campus. This site includes soils, groundwater, and surface water that are contaminated by radioactive wastes, solvents, heavy metals and nutrients. The reports of findings of this work can be viewed with Adobe Reader.
Lava Cap Mine Superfund Site - Nevada City, CA
State of Michigan Attorney General and Sierra Club Environmental Legal Program
California Department of Health Services (DHS)
Central Valley Regional Water Quality Control Board
California State Water Resources Control Board
Ypsilanti Township, Michigan
Coyote Flats, Inc. v. City of San Mateo, CA
Adams Mine Site Landfill Development
Dr. Lee was appointed as a peer reviewer for the Public Liaison Committee for review of the development of the Adams Mine site proposed municipal solid waste landfill. The Adams Mine was a former iron ore mine located near Kirkland Lake, Ontario. Metropolitan Toronto proposed to construct a municipal solid waste landfill in the large pits that exist at the Adams Mine site. Dr. Lee assisted the Public Liaison Committee in review of the adequacy and reliability of the information developed by Metro Toronto and its consultants in connection with the proposed development of this landfill. Based on Dr. Lee's review and other information, Metro Toronto decided not to go ahead with the development of that landfill because of the potential for it to cause groundwater pollution and otherwise be adverse to the owners/users of properties near the proposed landfill.
Dr. Lee assisted the Algonquin nation in review of the Adams Mine site environmental assessment with respect to potentially impacting fisheries and other resources of concern to the Algonquin nation.
Monterey County Housing Authority v. Construction Company
The Monterey County Housing Authority purchased land in Salinas, California that was owned by a former construction company that was supposed to have been remediated for contaminated soils prior to purchase. After purchase, it was found that the soils still contained high levels of lead and some other contaminants. Dr. Lee worked with the Housing Authority attorney in formulating an approach that would enable the Authority to develop the property for low-income housing and protect children who would have contact with the soils at the property from excessive blood lead levels. The Housing Authority and the former property owner have reached a settlement on further cleanup of the property to eliminate potential adverse impacts to low-income housing residents that would use this property after its development.
SOLVE v. Arizona Department of Environmental Quality
SOLVE, a consortium of environmental groups, filed litigation against the Arizona Department of Environmental Quality (AZ DEQ) for inadequate protection of groundwaters associated with the remediation of copper mine tailings located in the Arizona Verde Valley. The company owning the tailings proposed, with AZ DEQ permission, to cover the tailings with a plastic sheeting liner and construct a golf course above the tailings pile. Dr. Lee served as an advisor to SOLVE on the inadequacies of the proposed approach with particular emphasis on the potential for groundwater pollution associated with irrigation of the golf course with reclaimed domestic wastewaters. He found that the proposed barrier (high density polyethylene liner) would not be effective in preventing moisture from entering the tailings which would lead to the leaching of hazardous and otherwise deleterious constituents that could cause groundwater pollution.
Department of Justice v. Calamco, Inc.
The US Department of Justice initiated criminal action against Calamco, Inc. for alleged releases of ammonia that violated chemical release regulations. Dr. Lee assisted Calamco's attorneys in evaluating whether the ammonia releases that occurred were of sufficient magnitude to violate federal chemical release reporting requirements.
Mercury-Contaminated Soils
Dr. Lee assisted a property developer and the developer's attorney in review of the potential problems associated with managing metallic mercury found in soils in the area of proposed property development for residential housing. The property is located near Folsom, California in a former gold mining area. Dr. Lee advised on how the developer should proceed to manage the mercury-contaminated soils that would enable property development and the protection of public health and the environment.
CROWD v. Pierce County, Washington
CROWD represents a consortium of citizens concerned about the proposed development of a municipal solid waste landfill located near Tacoma, Washington. Dr. Lee advised CROWD on the potential public health, environmental and other problems that this landfill could cause property owners and others within the sphere of influence of the landfill. Dr. Lee testified in a Pierce County hearing on the results of his findings concerning the inappropriateness of developing that landfill as proposed.
Cott Company v. Sutherlands
The Cott Company of Canada filed suit against the Sutherlands of Pembroke, Ontario for alleged breech of contract in connection with the lease/sale of the Sutherlands' property. The Sutherlands found that Cott had disposed of wastes on the property that represented a significant threat to the high-quality groundwaters that were used as a bottled water source in eastern Canada. Dr. Lee evaluated the potential for the Cott waste disposal activities to impair the use of the groundwaters as a source of high-quality bottled water.
City of Winnipeg v. BFI
Dr. Lee assisted the City of Winnipeg, Manitoba in review of a BFI proposed landfill in evaluating the threat that this landfill represented to groundwater quality. Dr. Lee found in this review that the landfill would eventually lead to groundwater pollution. He testified at a hearing before the provincial government on these issues.
Miller Brewing Company v. San Gabriel Upper District
The Miller Brewing Company utilizes groundwaters from the San Gabriel Basin in Southern California as a source of water for its beer production. The San Gabriel Upper District proposed to recharge reclaimed domestic wastewaters into the groundwaters of concern to Miller Brewing. Dr. Lee assisted Miller Brewing attorneys in review of the potential for groundwater pollution to occur based on the characteristics of the reclaimed wastewater and the potential for wastewater constituents to pollute groundwaters in the San Gabriel Basin.
Yukong Gas Company Hazardous Waste Landfill Issues
The Yukong Gas Company of Seoul, Korea has constructed several gas storage caverns in southeastern Korea. An adjacent property owner proposed to construct a hazardous waste landfill that represented a potential threat to groundwater quality that could impair the use of the gas storage caverns. These caverns utilized a groundwater-based curtain for containment of the gas. Pollution of the groundwater by hazardous waste leachate could impair the functioning of this curtain. Dr. Lee advised the Yukong Gas Company on the potential for groundwater pollution by the proposed hazardous waste landfill and helped develop a monitoring and management approach that would protect the gas caverns from pollution by landfill leachate.
Hong Kong Environmental Protection Department
The Hong Kong Government utilizes the mining of sand from Hong Kong Harbor as a source of fill for new property development in Hong Kong. The sand is overlain by highly contaminated sediments. Dr. Lee advised the Hong Kong Government on revised regulatory approaches that would more reliably assess the potential for heavy metals and other constituents in the polluted overburden that would more reliably protect public health and the environment and minimize the unnecessary costs associated with managing the overburden in sand mining.
Sacramento San Joaquin River Delta
Dr. Lee advised the Sacramento - San Joaquin River Delta DeltaKeeper on the development of an aquatic life toxicity monitoring program to detect aquatic life toxicity that can be adverse to aquatic life within the Delta and the upper parts of San Francisco Bay. Of particular concern was the pollution of Delta waters by organophosphorus pesticides, such as diazinon, that cause significant toxicity to zooplankton which serve as important sources of larval fish food. This monitoring program will provide the data needed by the DeltaKeeper to initiate regulatory action to protect Delta aquatic life from pesticide toxicity.
Mountain View Golf Company v. City of Mountain View
Drs. G. Fred Lee and Anne Jones-Lee worked with an attorney on behalf of the Mountain View Golf Company in a lawsuit against the City of Mountain View for failing to properly maintain the landfill upon which the Mountain View Golf Course was constructed. The Court awarded the golf course company $4 million in damages for failing to maintain the golf course properly. Dr. Lee was the technical expert witness on this issue on behalf of the golf course company. The key issues upon which he testified were landfill gas production, impact of moisture on gas production rates, differential settlement of waste leading to ponding and disruption of the gas collection system, landfill cover cracking, impact of landfill gas on turf, and the potential public health hazards associated with VOCs in landfill gas on those who use the golf course.
NRDC v. CalTrans
Dr. Lee assisted CalTrans (California Department of Highways) in litigation support in a lawsuit filed by NRDC against CalTrans for failing to properly implement a stormwater NPDES permit for the CalTrans highways in the Santa Monica Bay watershed. He was the technical witness concerned with the water quality significance of runoff of chemical constituents from highways on Santa Monica Bay water quality. He showed in the trial that NRDC statements about significant adverse impacts of highway runoff-associated contaminants were not technically valid.
Stanford Ranch v. Placer County
Dr. Lee worked with attorneys in Sacramento on behalf of a property developer who filed suit against Placer County, California for failing to properly design, operate and maintain the Placer County's Western Regional Sanitary Landfill. The property developer wants the landfill operated in full regulatory compliance. Dr. Lee developed comments on improper design and operations of this landfill that are adverse to those who own or use properties near it. This litigation involved consideration of all potential adverse impacts of air, water and solid waste emissions from a municipal solid waste landfill on public health and the environment and the interests of those who own or use properties near the landfill.
Citizens' Group v. UCD
Dr. Lee worked with a citizens' group and its attorney in the initial phase of litigation evolving from inappropriate landfilling of campus wastes by the University of California, Davis (UCD). He prepared a detailed critique of the EIR and CVRWQCB Order covering the proposed landfill expansion and management of polluted groundwaters involving discharge after minimal treatment to a local stream. He also submitted petitions to the State Water Resources Control Board on this issue for the purpose of encouraging the Board to take action against UCD for failing to properly protect surface and groundwaters from pollution by UCD's waste management practices.
New Haven, Indiana v. Waste Management, Inc.
Dr. Lee has worked with attorneys in Fort Wayne, Indiana on behalf of the City of New Haven, Indiana on litigation against Waste Management Incorporated in an effort to stop the expansion of a hazardous waste landfill that is polluting groundwaters of importance to the City of New Haven. Dr. Lee provided expertise on the adequacy of design and monitoring of that landfill in protecting public health and the environment. In the spring of 1996 he testified in a state of Indiana Hazardous Waste Facilities Siting Authority hearing on the proposed continued operations of that landfill. Based in part on Dr. Lee's testimony, the Authority voted eight to one not to allow that landfill to continue to operate because of the long-term threat that it represented to groundwater resources of importance to the City of New Haven, Indiana.
US EPA v. Hammond, Indiana Sanitary District
Dr. Lee assisted the Hammond, Indiana Sanitary District in litigation initiated by the US EPA Region V in an effort to try to force the District to spend about $50 million to clean up the contaminated sediments in the Grand Calumet River. The District, through its combined sewer overflows, was alleged to have contributed to this contamination. Dr. Lee worked with attorneys in Indianapolis where he was the chief technical witness assisting the District on this matter. The key issues addressed by him were the benefits that would be derived from contaminated sediment cleanup on water quality in the River.
Water Utilities v. BFI
Drs. Lee and Jones-Lee have been active on behalf of the Metropolitan Water District of Southern California and the San Gabriel Basin Watermaster in opposition to BFI's expanded operations and now continued operations of the Azusa Landfill located in the San Gabriel Basin. He has testified before the State Water Resources Control Board and LA Regional Water Quality Control Board on this matter several times since 1989. Dr. Lee assisted attorneys representing the Azusa Task Force to assist in opposing the continued operation of that landfill by performing a critical review of BFI's proposed waste discharge requirements for the landfill's continued operations.
Citizen's Group v. BFI
For a several-year period, Dr. Lee was involved periodically, first with the Metropolitan Water District of Southern California, and then subsequently on behalf of a group of concerned citizens, on BFI's proposal to construct a landfill at the Eagle Mountain iron ore mine located near the Salton Sea. This landfill would have taken about half the garbage of Los Angeles for 100 years. On behalf of MWD, Dr. Lee reviewed the proposed design and found that this landfill would ultimately pollute groundwater. The citizen's group filed suit using his materials as technical justification for opposition to the landfill. The judge ruled in favor of the citizen's group.
Citizen's Group v. Waste Management, Inc.
Dr. Lee assisted a citizen's group in critical review of the public health and environmental impacts of the proposed Bolo Station Rail Cycle Landfill in the California desert near Barstow. A citizen's group and a large property owner asked for assistance in the review of a draft EIR for that landfill. Dr. Lee submitted a detailed set of comments on the deficiencies in the proposed design of that landfill and the deficiencies in the EIR discussing its impacts. Waste Management Incorporated, the sponsor of that landfill, is now preparing a final EIR.
Hidden Valley, Inc. v. BKK
Dr. Lee assisted a firm in performing a critical review of a proposed hazardous waste landfill located near Barstow, California. His review was used in litigation by opponents to this landfill in an attempt to stop it from being developed. Dr. Lee critically reviewed the design of the proposed landfill relative to the characteristics of the playa lake area where the landfill was proposed to be located.
Citizen's Group v. Interim Waste Authority
Dr. Lee was active with attorneys in the Toronto, Canada area in opposition to a siting of three mega-landfills outside of Toronto. He prepared a report covering the potential problems that these landfills would represent to those who own or use properties near the landfills.
Regional Water Quality Control Board v. Port of San Diego
Dr. Lee worked with attorneys representing the Port of San Diego for a two-year period in developing cleanup objectives for a copper ore concentrate spill that occurred in part of San Diego Bay. Some of the sediments in the Bay had 50,000 ppm of copper. On behalf of the Port's legal department and working with the Port's outside attorneys, he and Dr. Jones-Lee conducted a public health and ecological risk assessment of the copper in the Bay sediments. Based on this work he was able to convince the Regional Board that the copper cleanup objectives should be raised from 1000 to 4000 ppm.
RR&C v. LA County Sanitation Districts
In 1993 for a period of about six months Dr. Lee worked with an attorney representing a realty company and property developer in opposition to the LA County Sanitation Districts' Puente Hills Landfill expansion. That landfill is the second largest landfill in the US, which accepts about 12,000 tons a day of waste. Dr. Lee testified at a number of LA County hearings in opposition to the landfill.
Menominee Township v. State of Michigan Dept. of Natural Resources
Dr. Lee worked with attorneys in Lansing, Michigan in litigation filed against the State of Michigan for permitting a proposed landfill in the upper peninsula of Michigan. The client was the Board of Supervisors for the township in which the proposed private landfill was to be located. Dr. Lee testified in a trial in Lansing on this matter.
Insurance Companies v. East Bay Municipal Utility District
Dr. Lee worked with attorneys representing a group of insurance companies in litigation filed by EBMUD against the companies concerning the blue water problems that EBMUD had in parts of its system due to excessive copper corrosion. Dr. Lee assisted the insurance companies on evaluating the "pollution" caused by the copper corrosion of household plumbing.
Northern California Legal Services v. City of Sacramento
Drs. Lee and Jones-Lee have been assisting Northern California Legal Services in evaluating the adequacy of the Southern Pacific Railyard Superfund site cleanup for redevelopment of the site for low-income housing. Of particular concern is the residual lead left in the soils after the proposed remediation has been completed as it may affect the health of children who play in the soils.
Aerojet v. Insurance Company
Dr. Lee assisted a law firm in San Francisco that represented an insurance company for Aerojet in litigation filed by Aerojet against the company for failing to pay the claim. This assistance was devoted to determining what Aerojet should have known at the time that they were dumping TCE on the ground associated with their rocket motor testing. Dr. Lee was able to show that Aerojet was specifically told not to allow TCE to contaminate groundwaters by the Regional Board in the 1950s.
Dr. Lee has been involved in a number of other projects of this type on behalf of insurance companies where he has assisted the insurance companies' attorneys in determining what the company responsible for the pollution should have known at the time that the pollution occurred. He has worked in Washington, DC with a law firm on this type of matter for a landfill in Delaware that has subsequently become a Superfund site. Dr. Lee also assisted attorneys representing an insurance company that had a client in Pittsburgh, Pennsylvania in a similar situation.
Superfund PRP Settlement
Dr. Lee assisted attorneys representing ASARCO in evaluating the relative responsibility of PRPs for the arsenic in the sediments of the Hylebos Waterway located near Tacoma, Washington. This Waterway is a national Superfund site.
State of Illinois v. Clayton Chemical Co.
In 1994, Dr. Lee worked with a firm and their attorneys in the St. Louis, Missouri area on the acquisition of a hazardous waste treatment facility that is located in a US EPA State of Illinois-designated Superfund site. He advised the potential purchasers of that facility of the liabilities associated with the acquisition of this facility. For a several-month period he assisted in helping the new owners of that facility work toward achieving regulatory compliance.
US EPA v. Simpson Paper Co.
Dr. Lee worked with Simpson Paper Company addressing litigation that had been filed against the company by the US EPA and citizen's groups for the company's paper mill wastewater discharges to the Pacific Ocean on the California North Coast. Drs. G. Fred Lee and Anne Jones-Lee reviewed the impact of the paper mill discharges on the nearshore Pacific Ocean water quality. The company settled the matter without going to trial.
Concerned Citizens v. State of South Carolina
Dr. Lee assisted attorneys working on behalf of a group of concerned citizens living near a waste management municipal landfill located near Spartanburg, South Carolina in trying to get the landfill operated in accord with regulatory compliance so that waste disposal at the landfill is not adverse to the interests of those within the sphere of influence of the landfill.
Citizen's Group v. BFI
Dr. Lee was involved with attorneys in San Francisco on behalf of a citizen's group in a lawsuit against BFI for failing to control emissions, principally dust, from the Keller Canyon Landfill located near Pittsburg, California. His primary role in this litigation was to prepare a declaration concerning the need for a trial covering these issues.
Homeowner v. Property Developer
Dr. Lee assisted a residential property developer in Sacramento, California in litigation initiated by a homeowner who claimed that they became ill because of in-house contamination of the homeowner's domestic water supply. Dr. Lee advised the attorney on the fact that such contamination was highly unlikely. The judge issued summary judgement against the homeowner.
Citizen's Group Near St. John, New Brunswick Evaluate Impacts of Crane Mountain Landfill
Dr. Lee assisted a group of concerned citizens potentially impacted by the proposed Crane Mountain Landfill located near St. John, New Brunswick evaluate the potential hazards of a proposed landfill as a threat to the local groundwater supplies as well as the water supply for St. John, New Brunswick. Dr. Lee, working with B. Gallaugher, developed a report that was submitted to the concerned citizens on the potential impact of the proposed landfill on the groundwater resources in the area of the landfill.
Agricultural Interests vs. BFI
Dr. Lee assisted agricultural and community interests located near Salinas, Puerto Rico in evaluating the potential impacts of the BFI proposed Campo Sur Landfill. He testified at a Puerto Rican waste management authority hearing on the potential impacts of this landfill on groundwater resources of interest to those within the sphere of influence of the landfill.
Further information on these various activities is available upon request.
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