Apex Companies, LLCApex

Effectively managing natural resource damage claims requires top-notch scientific expertise and a thorough knowledge of regulatory requirements. Apex was called upon by our client to respond to a major fish kill event in Kansas potentially impacting a threatened and endangered species in the affected stream. We conducted seasonal studies of the upstream and downstream fisheries populations and stream characteristics to assess short and long term impacts to the resident fish populations. Armed with the data we collected from studies conforming to state-approved methods, we successfully negotiated a solution for the mitigation of natural resource damages.

A major insurance company and their insured could have been solely liable for contamination at a former electrical controls manufacturing facility under the Superfund program. The site characterization and remedial investigation Apex performed involved sampling soil, soil vapor, and groundwater amid complex site features including adjacent wetlands, severe topographic variation, and bedrock outcroppings. Apex developed a detailed site model to define potential source areas and determine possible alternate contaminant migration pathways. Our work at this site enabled the insurance company to identify third parties as likely sources of contamination, minimizing liability for our client and their insured.

During due diligence, Apex identified petroleum contamination associated with a nearby gas station. Apex advised the client to pursue negotiations with the major oil company for cost reimbursement associated with the development of the site and groundwater de-watering. The client was not eligible for state cleanup funds and did not expect to receive compensation from the third party. Apex arranged a meeting with the major oil company and negotiated an agreement for our client to receive reimbursement for all premium environmental costs associated with their redevelopment project. Apex recovered for the client approximately $ 400,000 in costs associated with petroleum contaminated soil disposal and groundwater treatment.