WES was retained to evaluate the source of flooding of property located on a meandering stream in Central Florida. The creek received excess water pumped from a large development covering over 4,000 acres. During the rainy season, the combination of high stream-stage and discharge from the development caused severe flooding on the subject property. WES compiled and evaluated data that included historical records of the development, long-term stage-discharge records, topographic data and drainage basin characteristics. WES also collected stage and streamflow data from within and around the property using pressure-transducers/dataloggers and streamflow current meters. The data were analyzed using U.S. Geological Survey methods and it was documented that the water pumped from the development was significantly contributing to the flooding of the property.

WES provided expert testimony in State Court and later, during attempted condemnation proceedings initiated by the State Attorney General's Eminent Domain Bureau. In both proceedings, the Court found in favor of our client. Initially, an injunction stopped the pumping that flooded the property. The ultimate resolution included an agreement that brought about modifications to the surface water discharge system and ended the flooding of the property. Ultimately, the case benefited both parties as the system modifications revealed that, over the years, the massive pumping station had been undermined at the pont of discharge and was on the verge of catstrophic failure. The system modifications revealed the pending collapse and the pumping station was repaired.

Superfund Related Litigation

• WES was retained by counsel representing an automobile dealership that had been developed on land contaminated by an adjacent landowner. The combined sites were designated as a Superfund (CERCLIS) site based on signficant contamination from wood preserving chemicals and charcoal manufacturing wastes. We performed detailed analysis of ground water quality and compared the data to historical product and ground water data from the waste storage units on the adjacent, upgradient site. We participated in depositions and ultimately, mediation where the case was settled by the involved parties.
• Prior to founding WES and as project manager for an international consulting firm, Mr. Kirkner represented a large Florida county in a lawsuit brought by the U.S. Department of Justice. Mr. Kirkner provided technical support to counsel during negotiations that centered upon volatile organic solvent contamination of the Upper Floridan Aquifer system.