The list of toxic contaminants that spawn costly environmental litigation and propel our research projects expands constantly. One of the latest additions is the family of PFAS (per- or polyfluoroalkyl substances), which currently appear on track to have the same staying power in the world of toxic tort litigation as many of the other chemicals whose production and use we routinely document. Last year, Taylor Research Group highlighted our focus on two PFAS, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which were ingredients in firefighting foam. Since that time, this family of so-called “forever chemicals” has gained increasing attention.
July 4th Then and Now: Are we celebrating Independence Day as the Founding Fathers once did?
As the weather gets hotter and the sunshine seems to last forever, it is clear that summer is in full swing. At stores throughout the country there are sparklers on the shelves, cupcake icing has turned red, white, and blue, and barbecue supplies are dwindling – all of which can only mean one thing: the Fourth of July is upon us. Despite a pandemic taking over our daily lives, the festivities of this holiday will surely go on, as 76% of Americans reportedly plan on celebrating the joyous occasion this year. Whether you plan on marking the day by sharing food, fun, and fireworks with friends or family, it’s important to understand where these traditions originated from. What were some of the first Fourth of July events like? What has remained the same and what new traditions have we adopted as a nation? Are you observing this occasion as our Founding Fathers did?
Conducting Historical Research for Environmental and Engineering Firms
We have received an increasing number of research inquiries from environmental and engineering firms in recent years. This is no surprise given the fact that so many of the projects these firms take on deal with sites that have complex histories involving several prior owners and occupants or aging building structures in need of significant repair. The experts from these firms, including environmental, chemical, and civil engineers, turn to us when their projects have ground to a halt because they lack crucial information needed to move forward with major work, from redeveloping a contaminated industrial site, to understanding the structural history of an older building, to confirming who has the rights related to railways or water resources.
Environmental and engineering firms conduct in-depth, on-site investigations that involve a range of sophisticated statistical research. Often, they rely on data sets and cataloged maps within commercial databases as part of this research. Basic historical information may be included as part of a Phase 1 or other similar environmental report for a contaminated site, which then often gets repeated in subsequent reports and investigative documents. But complex questions on difficult sites will most certainly remain unanswered, potentially serious omissions made, and probable risks undermanaged if a deeper dive into historical records is not attempted. Archival corporate records could provide much needed insight into the chemicals used as part of historic operations and activities that once took place at an industrial site in need of remediation, for example. Were polychlorinated biphenyls (PCBs) ever used on the site? Were volatile organic compounds (VOCs) ever released as part of an industrial process at the site? Knowing the answer to such questions can help guide investigations as firms seek to understand the resulting types and levels of contamination. To be sure, such knowledge could inform a firm’s sampling plan by helping it to pinpoint the exact location(s) of the contamination source and/or by reducing the number of possible analytes required for analysis, thus saving it time and money.
Even more information could be gleaned from other available information sources that are tucked away within collections at all kinds of public repositories. As an example, we reviewed niche trade literature to fully understand how the chemicals used in a single piece of industrial equipment manufactured in the mid-20th century led to the widespread contamination of an industrial site that required substantial environmental remediation decades later. Our research effort provided the answers our client had been looking for but that had previously proved elusive.
Where would an environmental firm go to locate historical documents like trade literature? How would they track down relevant journals and access them when such documentation is not easily discoverable with a few strokes of a keyboard or quick search of an internet browser? And how can relevant trade literature – or any other kind of historical documentation – be easily narrowed down so that both time and money are not wasted? The short answer is, it is hard without expertise and knowledge of public records and record keeping systems. Conducting historical research is part art, part science, which our trained researchers intimately understand given their vast range of experience. There is a wealth of information at federal, state, and local repositories that we regularly target to identify the documents environmental and engineering firms need.
We are ideally situated in Washington, D.C., the central location for many national records repositories, so we can easily begin a probe of relevant historical record collections. For instance, we have conducted many document reviews and retrievals at the National Archives and Records Administration (NARA) for engineering firms that have questions pertaining to railroad right-of-way issues. We have been able to furnish these firms with Interstate Commerce Commission valuation maps, Land Acquisition Schedules, and Land Appraisal Field Notes. These records can shed light on the historical lineage of current railroad lines for our clients as well as prove useful for creating boundary surveys.
Engineering firms have also utilized our services to obtain drawings, maps, and even photographs that can only be found at a federal repository like NARA or the Library of Congress. We recently reviewed obscure aerial photographs, including that of a small county in a northwestern state from the early 20th century, to answer questions related to a water resources engineering issue. We have captured cross sections of ships to help firms understand the layout of vessels and to identify the location of specific areas such as boiler or engine rooms. One firm requested the specifications and schematics for vessels that were going to be sunk to create a breakwater/natural reef. Knowing how the vessels were constructed helped engineers figure out how to properly sink them.
As the above examples demonstrate, historical research should be included as part of any comprehensive investigation or due diligence effort undertaken by environmental and engineering firms. Valuable information can be unearthed from seemingly arcane historical materials that can paint broader, deeper pictures of the multifaceted projects such firms are involved in.
Did You Know? October Is American Archives Month!
There is more to October than falling leaves, pumpkin carving, and Trick-or-Treating. But, of course, you know this if you’ve been following us on social media! October is also American Archives Month, and we’ve been participating in its celebration in a variety of ways.
TRG Rolls out Series of Historical Research Infographics
Meet the Team Tuesday: Kylie Armo
From time to time, we will shine the spotlight on one of our team members. We kicked off this series a while back with a Q&A featuring public historian Will Armstrong. Today, it’s Kylie Armo’s turn.
How to Crack Your Product Liability Case Using Historical Documentation
Product liability litigation – particularly the prominent billion-dollar verdicts against a manufacturer of talc-based baby powder – has been making headlines lately. The news that is still flying under the radar? The many archival repositories and libraries that hold the historical information you need to crack your product liability case.
PFOS and PFOA: Investigating Emerging Contaminants of Concern
Many of the research cases that we work on involve hazardous contaminants in soil or groundwater. Increasingly, that includes research into the usage and disposal of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). These chemicals are part of a larger group of chemicals called polyfluoroalkyl substances (PFAS), also called perfluorocarbons (PFC).
Conducting Research Locally: Challenges & Opportunities
Tracking down records at the local level is an essential part of our strategy for many of the research cases we take on – from toxic tort and environmental litigation to legal questions emanating from mineral rights and land ownership issues. Local records can hold invaluable information when trying to piece together complex histories of contaminated industrial sites, military bases, public utilities, or other properties and waterways.
TRG Attends ELI Clean Water Act Event
On June 26, Taylor Research Group attended “Basics of the Clean Water Act,” an event hosted by the Environmental Law Institute (ELI) as part of their annual Summer School series.