Examples of Projects

Expert reports and testimony:

 Expert report / witness for Ontario Water Keepers: Challenge of the Ministry of Environment's permit approval to burn tires and animal wastes at the Lafarge Cement Kiln before the Environmental Review Board, Ontario Canada. The report showed major deficiencies in company's air quality assessment. The company withdrew its application. 

Expert report / affidavit on Michigan Landfill: (Confidential): Report for attorney’s class action odor and nuisance suit. Detailed analysis showed that the municipal landfill was the source of odors and that the operators failed to increase gas extraction to accommodate cumulative waste volume and LFG generation.

Expert report and consultation Pottstown Landfill, Pottstown, PA: Clients Berks and Montgomery Counties. Cole and Associates provided a detailed assessment of the problems associated with the landfill including excess leachate generation of closed portions due to deterioration of landfill cover and inadequate cell cover in existing portion of landfill. Discussion of existing problems may have contributed to PA DEP’s decision to deny Waste Management’s application for a landfill expansion.

Forensic report on dry cleaner PCE release for Allstate Insurance: Cole’s analysis determined that significant leaks of perchloroethylene cleaning solvent occurred prior to the onset of insurance coverage. The analysis used several lines of evidence to make the case.

Expert Liaison for Franklin County Court of Common Pleas: Dr. Cole was appointed as the court’s chief liaison, a position resulting from a court settlement between a class of South Columbus residents and Georgia Pacific following an explosion and release of toxic chemicals. The liaisons conducted a detailed multi-year assessment of compliance and safety issues at the company’s phenol formaldehyde resin facility based on site inspections, examination of documents and interviews with personnel. The process included frequent meetings with residents to discuss findings.

Technical Assistance to community organizations: 

Superfund Technical Assistance Grants: Cole and Associates has provided technical assistance to community organizations that are attempting to obtain protective cleanups for local Superfund sites. EPA provides grants to communities to hire independent expert witnesses. Our company has helped to obtain improved cleanups at numerous sites including the Occidental Chemical Co. site in Pottstown, PA, the Valleycrest Landfill in Dayton, and the Hudson River PCB NPL site. Cole was able to help neighborhood organizations obtain a future land use plan based on community vision for the area’s future. The use of the site for education, commerce and recreation will require a more protective cleanup.

Hilton Davis Site Cleanup, Cincinnati, OH: This 80-acre site lies in the midst of family-oriented residential Cincinnati neighborhoods. From 1927 until 1980 a chemical specialties manufacturer dumped its industrial and hazardous wastes into a ravine which runs through the site.  Cole’s consulting work has been funded by the City of Cincinnati for about 8 years. In March 2010, Dr. Cole provided detailed comments to the Ohio EPA recommending a more protective cleanup than proposed by Kodak (PRP) and the Agency. His analysis showed that the potential for vapor intrusion at the site is greater than Kodak’s estimates.

Science support for environmentally advanced technologies:

Support for arsenic and chromium free pressure treated wood: Cole and Associates provided scientific support and reports showing the advantages of an arsenic and chromium free wood preservative over the industry standard, CCA (chromated copper arsenate). Cole also represented the company in meetings with U.S. EPA Office of Pesticides, Congressional committee staff and media. He was also helped to enlist dozens of environmental organizations in successful efforts (a) to phase out CCA and (b) to prevent the registration of a new chromium-based wood preservative. Cole’s work led to his receipt of EPA’s Presidential Green Chemistry Challenge Award (2002) along with the client, Chemical Specialties Incorporated (now Viance).

Support for non-toxic dry cleaning technology: Cole and Associates provided reports, testified in Congress, and headed up a grassroots lobbying campaign to support legislation that would provide a tax credit to dry cleaners who invest in water-based and CO2-based dry cleaning. These technologies eliminate use of perchloroethylene (PCE), a probable carcinogen and a widespread source of groundwater contamination. Although, the tax credit legislation didn’t become law, the campaign and media attention greatly expanded awareness of the problem. There is now move to phase out PCE in a number of states and several additional alternatives cleaning methods have emerged. Clients have included: Micell Corporation, Ecomat, and Golin-Harris (PR firm).

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Community involvement process on environmental issues: Dr. Cole is nationally recognized for his expertise in working with community-based groups working for improved environmental health and sustainability.

ATSDR: He was retained in the mid-late 1990’s by the U.S. Agency for Toxic Substances and Disease Registry (ATSDR) to (a) develop a report and guidance for the Agency’s practice of community involvement and (b) assist in the development of a community-tribal task force to provided citizen input to ATSDR’s leadership.

CDC/ATSDR: Cole and Associates has a current two-year contract with CDC and ATSDR to establish and operate a Community Advisory Committee for an area of northeastern Pennsylvania where the agencies have identified a statistically significant cluster of a rare blood cancer known as Polycythemia Vera (PV). There are numerous sources of environmental contaminants in this former anthracite mining region including combustion of coal wastes (co-generation), ash disposal, and numerous Superfund sites. CDC has funded a number of studies to determine the prevalence and causes of the cluster. The CAC has been successful in obtaining additional studies of sources and exposures and greater support for patients, their families and physicians.