Litigation Support
Kestrel provides testifying expert as well as expert consultanting support for environmental litigation. Since 1998, Kestrel has provided litigation support in more than 60 cases involving an at-stake value of approximately 2.5 billion dollars.
Cases range from cost recovery actions between owners of sites to defense of class action lawsuits, including major environmental justice suits. Cases have also included natural resource damages, major contract disputes, and contribution litigation regarding CERCLA liability.
Litigators tell us that Kestrel is extraordinarily good at communicating difficult concepts in ways that judges and juries can understand. We help attorneys cut through the morass of information and get to the important points with clear and compelling communication. We make very effective use of graphics, including 3D images and animated models produced in GIS and with other advanced electronic means.
Litigation is an area where Kestrel makes maximum use of environmental forensics and inter-disciplinary thinking. We are often able to find fatal flaws in the opposition’s theories and logic. Cases where we have assisted with both expert testimony and expert consulting have resulted in zero dollar awards in defense of cost recovery actions and 95% awards in support of cost recovery actions.