Environmental Assessment - Impact Expert Witnesses: 11

I bring diverse, combined education, licensing, and credentialing in geology, biology, and hazardous materials management. Indoor air quality as related to asbestos, mold, lead, building hazards, vapor intrusion, OSHA worker and occupant complaints.

I manage a firm of environmental and industrial hygiene professionals while serving as an expert in my diverse field; I have over 70 retained cases complete. I can cost effectively support engagements that may require extensive data gathering across an expanded time frame. I apply my capabilities and credentials across commercial, industrial, and oil & gas settings, with a technical focus on highly regulated industry and real estate.

I have been steadily retained for expert witness services since 1995.

I specialize in structural fire forensic investigation and testing, routinely leverage post-flood emergency response expertise in buildings, specific to microbial disinfection, mold mitigation, and source mold under forensic methods of investigation that may exist under alleged building construction defects. I possess expertise in building systems and mitigating hazards from structures in advance of demolition for asbestos, lead, and other regulated materials.  I prepare, implement (and/or critically review) asbestos specifications, mold remediation protocols, OSHA-driven lead specifications, and remediation soil management plans.

I have evaluated diverse workplaces following loss reports due to alleged safety and public health concerns and offered mitigation strategies for worker safety under OSHA complaints, especially regarding respiratory protection. I have served as an expert for multiple worker injury and wrongful death allegations within the context of environmental exposure.  

View Ms. Franks' Consulting Profile.

John Booth, the Principal Consultant and Practice Director of Sylvanus Arboricultural Consultants Ltd., is a Chartered Aboricuturalist and Chartered Environmentalist and one of the UK’s most widely qualified Arboricultural Consultants. He has over 25 years experience in both the private and public sectors and has written numerous articles and papers for respected publications including the International Journal of Urban Forestry for which he is also a referee.

Mr. Booth and Sylvanus Ltd. are regularly instructed by both developers and Local Planning Authorities (LPA’s) who are keen to ensure a satisfactory outcome from the planning process, (i.e. an appropriate balance between tree retention and realizing a site's development potential). All such work is carried out in accordance with the guiding principles of British Standard 5837 ‘Trees in Relation to Construction – Recommendations.’ 

Mr. Booth is a Bond Solon/Cardiff University trained Expert Witness and a member of the Expert Witness Institute. He has many years of experience in both courtroom and planning enquiries. Services Include:

• Tree Inspection & Survey - Single Tree, Large Population, Mortgage Lending, Safety and Subsidence Issues
• Tree Preservation Orders (TPO's) and Conservation Areas - Detailed Specifications for Tree Work Applications for Trees with Statutory Protection
• Trees and Development - Tree Surveys for Submission with Planning Applications, Tree Constraints Plans (TCP’s), Tree Protection Plans (TPP’s), Arboricultural Impact Assessments (AIA), Arboricultural Method Statements (AMS)

Ted W. Simon, PhD, DABT, is an award winning Environmental Toxicologist and Scientist. His expertise is in toxicology, risk assessment, mathematical modeling, statistics, neuroscience, and environmental / ecological health issues.

Dr. Simon has over 10 years of experience as a toxicologist employed by the Environmental Protection Agency (EPA). He served as EPA’s senior toxicologist in the waste management division working on risk and soil cleanup.

Teaching Experience - Since 2001, Dr. Simon has served as an Instructor / Adjunct Professor in the Department of Environmental Health Science, College of Public Health, at the University of Georgia.

Public Speaker - Well published, including the author of a textbook on toxicology and environmental risk assessment, Dr. Simon has extensive national and international public speaking experience. Since 1996, he has been delivering seminars and lectures to universities and national institutes on many subjects within his area of expertise. In 2016, he delivered a lectures on “Bayesian Methods for Application of Uncertainty Factors,” to the Society of Toxicology Annual Meeting, New Orleans, LA, and “Quantitative Prediction of Phenotypic Change from High Throughput Assay Results,” to the EPA's Workshop on In Vitro to In Vivo Extrapolation, Research Triangle Park, NC.

Litigation Support - Dr. Simon has over 15 years of experience offering expert witness services to counsel representing both plaintiff and defendant. He has been retained over 20 times since 2000 for cases involving environmental risk, drug and alcohol cases, DUI, accidental poisoning, and intellectual property. Dr. Simon has particular expertise in dioxin-like chemicals and polychlorinated biphenyls (PCBs). His services include consulting, reports, deposition, and trial testimony when necessary.

Areas of Expertise:

Dioxins PCBs Drugs Alcohol Poisoning DUI / DWI Water Contamination Soil Contamination Environmental Risk Assessment

Environmental Toxicology Carcinogenicity Food Contamination Pesticides Fracking Lead Marijuana Polychlorinated Biphenyls Intellectual Property

Dr. Dennis Stainken has over 30 years of Industrial and Government experience managing Pollution Control and Hazardous Waste Projects. His experience includes assignments in engineering, analytical and toxicology sciences for regulatory compliance, product registration, risk assessment, technology development.

Dr. Stainken is a national expert in Environmental Toxicology & Ecological Research on the transport, fate and effect of pollutants, and in quality assurance in government and industry.

Areas of Expertise:

Health Effects Toxicology Chemical Exposure Health Issues/Physiology/Chemistry Water & Waste Water Ecological Services Contamination & Remediation Analytical Chemistry

Natural Resource Damage Assessments Property Assessments Hazardous Waste Water Quality Risk Assessment Wetlands Industrial Services Gasoline & Oil Issues

Mayotte Design & Engineering, PC (MD&E) is a Civil and Environmental Engineering Design Firm based in East Lansing, Michigan.  Since 2003, MD&E has proved itself a highly responsive design, advocate and risk management partner for clients in the energy, automotive, commercial printing, textile, pharmaceutical, chemical, real estate, and legal industries.  MD&E offers a variety of services, specializing in the design and engineering of treatment solutions for wastewater, groundwater, stormwater and contaminated soil, sediment, and air.

MD&E personnel assist clientele across the US and have completed projects in: Alabama; Arizona; California; Colorado; Connecticut; Illinois; Indiana; Iowa; Kansas, Massachusetts; Michigan; Missouri, Mississippi; Nevada; New Jersey; New York; Ohio; Oregon; Tennessee; Texas; Vermont; Virginia; West Virginia; Washington, Wisconsin; Wyoming; British Columbia; Ontario; Quebec; Brazil; China; Czech Republic; Italy; and Mexico.

Timothy J. Mayotte, PhD, CPG, PE, President at MD&E, is an Environmental Engineer with over 35 years of experience in his field. He has provided litigation support and served as an expert witness on over a dozen cases dating back to the mid-1980s. Dr. Mayotte's experience includes providing testimony during numerous depositions and in open court. He has offered expertise in the following areas:

• Hydrodynamics of natural and engineered systems.
• Contaminant fate and transport in the environment.
• Biological and physicochemical process design for the treatment/remediation of water, wastewater, soil, and sludge.
• Industrial wastewater treatment.
• Management and inspection of commercial and residential construction and demolition projects, including due diligence services for property transactions.

Mark O. Barnett, PhD, PE, BCEE has over 30 years of national and international Environmental Engineering and Science experience in industry, government, and academia ranging from water supply and sanitation in rural communities to nuclear waste disposal. He is currently a Professor of Environmental Engineering in the Department of Civil and Environmental Engineering at Auburn University.

Litigation Support - Dr. Barnett has served as an environmental expert witness-expert consultant on cases in administrative, federal, and state courts ranging from permit applications to toxic tort lawsuits. He has written expert reports, filed affidavits, been deposed, and given testimony. Further, he has extensive litigation experience from his service as an administrative judge with the Nuclear Regulatory Commission. Writing samples, transcripts, and references are available upon request.

Areas of Expertise:

Water and Wastewater Treatment Site Assessment and Remediation Soil and Groundwater Contamination Human Health Risk Assessments Contaminant Bioavailability Environmental Permits

Environmental Forensics Environmental and Aquatic Chemistry Radioactive and Hazardous Waste Management Nuclear Environmental Engineering Sustainable Design and Development Mining Impacts

Background Experience - Dr. Barnett is a licensed professional engineer and a board-certified member of the American Academy of Environmental Engineers and Scientists. His technical research focuses on the chemical processes controlling water quality and contaminant behavior in natural and engineered systems. He has been a principal or co-principal investigator on seventeen grants totaling over $12 million, and he has published over fifty peer-reviewed journal articles, several book chapters, and a book that collectively have received over three-thousand citations.

Dr. Barnett has a B.S. in Chemical Engineering and an M.S. in Environmental Engineering from the University of Tennessee and a Ph.D. in Environmental Sciences and Engineering from the University of North Carolina. He has taught fundamental and applied courses in environmental and aquatic chemistry; water and wastewater treatment; environmental engineering principles and design; and sustainable design and development.

Tim Keane is recognized nationally and internationally as a Leading Expert on methods to Control, Mitigate and Assess the Risk for Legionella in building and industrial water systems. He has published articles and books on the subject and has co-written regulatory documents including the 2018 and the 2015 ASHRAE Standard titled: Legionellosis: Risk Management for Building Water Systems,  ASHRAE Guideline 12 titled: Managing the Risk of Legionellosis Associated with Building Water Systems, 2005 Guidelines for Ornamental Fountains and the 2000 ASHE Advisory. Mr Keane has over 25 years experience in water system consulting and over 10 years experience in facility design, construction and operation. Legionella Risk Management, Inc. provides consulting services for Effective Engineering Solutions to Engineering System Pathogens including; outbreak investigation, root cause analysis, control and remediation of legionella from water systems in commercial buildings, healthcare and industrial facilities.   We provide Litigation Support in this area.

The four PhD and registered PEs at Miller Engineering are celebrating 40 years of Professorships at three universities along with providing services to Government, Insurance, and Industry—through research, publications, presentations, and expert testimony. We have a dedicated office with a full time staff of engineers, researchers, and technical writers. The span of our collective academic and experiential expertise covers well the Mechanical, Electrical, Chemical, Agricultural, Industrial, Human Factors, Ergonomic and Safety fields of engineering. The areas listed below are from actual projects completed in our 40 years of history. 

Vehicles Car/Truck Accident Reconstruction Crash Data Retrieval (CDR) Visibility & Reaction Time Analysis Tires, Trailers, Brakes & Accelerators Truck/Off Road Vehicle Egress/Ingress Traffic Signing and Construction Zones Electronic Vehicles Mechanical & Electrical Safety Product Safety & Analysis Machinery - Metal, Wood, Plastic Molding Machine Guarding & Safety, Robots, Automation Hazard and Risk Analysis Employee Safety Procedures – OSHA Electrical Distribution & Transmission Hazards

Warnings & Instructions Warning Labels & User Manual Design Hazard Analysis & Product Label Designs Medical Device & Drug Warnings & Instructions Inadequate Warnings Analysis Standard Compliance (ANSI Z535) Product Recall Information & Strategies Consumers/Household Safety Appliances & Tools Child Furniture, Choking, Playgrounds Swimming Pools & Exercise Equipment Recreation - ATV, Boats, Bicycles, Boards Ladder, Stair, Step and Railing Accidents Slip, Trip, & Fall Accidents CPSC Recall Information & Strategies

Chemicals Safety & Labeling NEW OSHA HAZCOM (2012) & GHS Review MSDS, SDS and Product Label Compliance Toxic Torts - Diacetyl, Asbestos, Benzene, Lead, Carbon Monoxide Vaping & E-Cigarette Health Effects Chemical Exposures & Workplace Safety Chemical Inhalation, Ingestion, Dermal Contact Contamination - Water & Environmental Manufacturing & Process Line Accidents Slips, Trips, Falls, & Entanglements Fires & Explosions Cause & Origin Investigations Gas, Vapor, & Electrical Spontaneous Combustion Vaping & E-cigarette Battery Failures Fire Control & Explosion Issues

Agriculture Tractor & Equipment Accidents Chemical Applications & Exposures Crop Storage & Harvesting Accidents Pesticides Construction Vehicle Visibility Accidents Slip, Trip, & Fall Accidents Power Tool Repetitive & Immediate Injuries Scaffolding - Cranes - Hoisting - Fork Lifts Insurance Subrogation & Forensics Accident Investigations Electrical & Fire Causation Chemical Leakage Damage Defective Equipment Injuries Premise and Process Damages

James M. Miller, PE, PhD – Founder  Dr. Miller is an Emeritus Engineering Professor at the University of Michigan. He has directly served in Washington originating several Federal OSHA safety regulations, and interacts regularly with CPSC regarding safety and product recalls. Dr. Miller often works on projects relating to compliance with occupational safety standards, provides upper management guidance on product design, recall and liability issues, and serves as an expert witness.

Mark R. Lehto, PhD – Co-Founder Dr. Lehto is a Professor of Engineering at Purdue University. He completed his Ph.D. in engineering at the University of Michigan, where he specialized in Human Factors Engineering, in particular Warnings and Labeling. Dr. Lehto specializes in knowledge engineering, warnings and instructions, structuring expert systems, accident modeling, accident statistical analysis, consumer product safety, boating safety, in-field national surveys of product usage, and product information effectiveness.

Adam M. Olshove, PE, MSE – Engineering Manager Mr. Olshove has over 10 years of experience providing consulting services to industry and the legal profession. He holds an MS in Mechanical Engineering with a focus on control systems and battery modeling (2019), and a BS in Mechanical Engineering (2012), both from the University of Michigan. He has performed dozens of on-site investigations nationwide in relation to consumer product design and industrial accidents, including failure analysis and testing.

James M.L. Miller, MS, PhD, EIT – Engineering Associate Dr. Miller is an Assistant Professor of mechanical engineering at Trine University in Angola, Indiana. Dr. Miller graduated with a Ph.D. degree in mechanical engineering and electrical engineering from Stanford University in 2021, advised by Dr. Thomas W. Kenny. At JMME he has applied his expertise to biomedical heat transfer problems and energy management in hydroelectric systems, solar arrays and portable battery usage.

Jeffrey D. Rupp, MSE – Engineering Associate Mr. Rupp has a BS in mechanical engineering from the University of Michigan and a MS in systems engineering and engineering management from Wayne State University. Among his company affiliates is 26 years with Ford Motor Company and Volvo Car Corporation, where he was involved in crash development and crash sensing calibrations.

Edward L. Smilow, Esq., PGM, is an Attorney at Law, Golf Professional, and Professor of Golf and the Law. As a trial and appellate lawyer for 35 years, a golfer for 55 years, a golf professional for 18 years, and the creator and professor of the only college course taught on golf course law in the United States, he has the unique ability to represent the Game of Golf and the people who make a living in the game.

Litigation Support- As general counsel to numerous golf courses, country clubs and resort properties, Mr. Smilow has broad-based knowledge and experience to provide legal counsel and representation to avoid legal entanglements, successfully defend against unwarranted claims, and effectively advocate the rights of those who have invested their lives and fortunes in the Game of Golf.

Mr. Smilow represents owners, operators, general managers, PGA professionals, superintendents, country club controllers, golf industry entrepreneurs, golf vendors, and industry leaders have all sought his counsel on the myriad of ways that golf is affected by the law. A much-requested and noted speaker at golf industry forums, he has a unique perspective reflective of his extensive knowledge of golf history, the importance of golf in today's society, and the need to avoid legal entanglements through the introduction of proactive measures and aggressive representation when needed.

Areas of Expertise:

Errant Golf Ball and Personal Injury Law Golf Course Labor and Employment Law Contract Negotiation, Review and Implementation Purchase and Sale of Golf Course Property Government Relations

Golf Course and Country Club Organization, Management and Operation Golf Course ADA and Civil Rights Compliance Golf Course Architecture and Design Standards Non-profit Organizations Environmental Law and Compliance

Background Experience - Graduate of Cornell University, the New England School of Law, the Professional Golfers Career College (Valedictorian) and advanced legal certification from the University of Southern California. Member of the bar of the State of California and the Supreme Court of the United States. Elected to membership in the prestigious American Board of Trial Advocates and designated a "Citizen of Distinction" by the NAACP, City of Santa Ana, State of CA, and the Congress of the United States.

Past Executive Director of the California Golf Course Owners Association, Member of the CGCOA Advisory Board, Mr. Smilow represents owners and operators throughout the State of California.

GEO Associates provides litigation support services and expert witness testimony for civil and criminal investigations and insurance industry cases (both plaintiff and defendant) that involve Groundwater Pollution and Data Analysis, Forensic Geology and Geophysics, Hydrology Modeling, and Forensic Meteorology including Weather Event Re-Construction and Force Majeure cases. GEO Associates can assist attorneys and insurance claim professionals in obtaining, analyzing, modeling, and interpreting the correct geophysical/geological and meteorological data for their case.

GEO Associates uses the latest approved Regulatory EPA and USGS numerical modeling software to map the concentration levels and transport of air and groundwater pollutants. GEO Associates numerical modeling expertise, combined with their advanced knowledge of meteorological, geophysical and geological data gathering and processing, provides strong support to the attorney and client for cases involving Air Pollution, Reduced Visibility, Severe Storms, Groundwater Contamination, Flooding, Wind Damage and Hazardous Material Spills and Releases to Air and/or Water, which result in accidents, contamination of aquifers, toxic air, property damage, personal injury and death.

Services Include:

Forensic Geology

Industrial Groundwater Pollution

Toxic Tort Strategy

Environmental Surface and Groundwater Pollution

Mapping of Surface and Groundwater Contamination

Forensic Hydrology

Groundwater Computer Modeling

Aquifer Systems Analysis

Hazardous Spill Releases

Geological and Geophysical Data Acquisition, Processing and Analysis

Geological and Geophysical Mapping of Reservoirs

Observational Field Programs

Reflection and Refraction Seismology

Forensic Seismology

Seismic Investigations

Oil and Gas Operations and Operator Performance

Marine and Land Seismic Operations

Value Analysis of Proprietary Geophysical and Geological Data

2D and 3D Reflection Seismology Modeling and Analysis

Fluid Dynamics and Reservoir Analysis

Toxic Fluid Migration

Class Action and Force Majeure Cases

Dr. Christopher D. Dore, Registered Professional Archaeologist 10331, provides expert witness services in the fields of archaeology and cultural resource/heritage management. His expert services focus on archaeological site damage, environmental/cultural resource compliance, professional performance and conduct, and contaminated site history (determining the origin and time of contamination through archaeological methods). He has trial, deposition, litigation, and consultation experience on major, controversial, and high-profile cases throughout the United States.

With an MBA in addition to his doctoral degree in anthropology, Dr. Dore is particularly sought after for cases involving the valuation of damage to cultural resources.

Dr. Dore has participated in criminal and civil cases for both the prosecution and defense, and for private and governmental clients. Dr. Dore has provided training in damage documentation and valuation to professional archaeologists, lectured at the University of Arizona’s College of Law, provided continuing education for the Rocky Mountain Mineral Law Foundation, and is a co-author of the Society of American Archaeology’s Professional Standards for the Determination of Archaeological Value. He is a professional member of the Forensic Expert Witness Association and a Certified Forensic Litigation Consultant.

Dr. Dore is accomplished, credible, and well recognized in the archaeological community. He has held faculty positions at five major research universities and received research grants from sources including the National Science Foundation. Dr. Dore is the President-Elect of the Society for American Archaeology (SAA). He has also served as the President of the Register of Professional Archaeologists, archaeology's standards and credentialing organization, and the American Cultural Resources Association. He has been the editor of Advances in Archaeological Practice: A Journal of the Society for American Archaeology. Dr. Dore has received a Presidential Recognition Award from the SAA and the Asa T. Hill Memorial Award for outstanding contributions to Plains archaeology from the Nebraska State Historical Society. Dr. Dore specializes in the archaeology of the southwest United States, California, and Mexico.