Theodore D. Tomasi, Ph.D.

Confidential Site, Western State — Providing expert services in a claim for damages to natural resources from historical releases of organic compounds to aquatic resources.

Confidential Sites, Northeastern U.S. — Providing expert services in several statewide claims for damages to natural resources from historical releases of organic compounds with potential injury to ecological services and human uses of resources.

Confidential Site, Midwestern U.S. — Providing expert services in defense of a statewide claim for damages to natural resources from historical releases of organic compounds with potential injury to ecological services and human uses of resources.

Confidential Site, Northeastern U.S. — Providing expert services in defense of a statewide claim for damages to natural resources from historical releases of solvents with potential injury to ecological services and human uses of resources.

Confidential Contaminated Sites, Eastern U.S. States — Assisting in the defense of claims for damages to groundwater, surface water, habitats, and wildlife, and recreation.

Confidential Site, Delaware — Assisting in the defense of claims for damages to ground water and ecological resources by releases of PAHs from a former manufacturing site adjacent to a large river.

Confidential Former Manufacturing Site, Northeast State — Assisting in the defense of NRDA claims by the State that involve damages to sediments and groundwater.

Confidential Mining Sites, Western State — Leading defense of potential NRDA claims at four mine sites involving potential impacts to ecological services, groundwater, and tribal interests.

Former Manufacturing Site, New Jersey — Advising on the defense of natural resource damage claims in litigation surrounding a complex aquatic, wetland, and forested site.

Urban River Damages, East Coast of United States — Led the assessment of ecological and human use damages at a large and complex urban river site in a matter related to bankruptcy proceedings.

Leviathan Mine, California and Nevada — Led the technical NRDA investigations for acid drainage at a large mine site in the Sierra Nevada.  Site impacts involved ecological, recreation, and cultural (tribal) injuries.  The recreational and ecological assessments were conducted cooperatively with California Department of Fish and Wildlife, and U.S. Fish and Wildlife Service.

Phosphate Mining District, Idaho — Assisted with NRDA issues at a large complex of mining sites with associated selenium contamination.  Issues impacts include recreational fishing, hunting, and groundwater.

Mining Site, Montana — Assisting with NRDA at a mining site along the Clark Fork River in Montana.  Advising the client on natural resource damages for sediments, fish, birds, groundwater, and recreation.

Contaminated Site, Minnesota — On the consultant team addressing ecological impacts at a former wood treating facility.  Includes analysis of the Trustees’ analyses and participating in negotiations with state and federal Trustee agencies.

Contaminated Site, Massachusetts — Part of consultant team for ecological impacts at a multiparty site.  Includes analysis of the Trustees’ analyses and participating in negotiations with state and federal Trustee agencies.

Contaminated Site, Ohio — Lead consultant for recreation impacts from a former paper mill in a national park.  Includes analysis of the Trustees’ analyses and litigation support.

Damage Assessment for Dioxins and Furans, Michigan — Lead consultant on the NRDA at a complex sediment/soil site involving historical releases of dioxins and furans in the Tittabawassee and Saginaw rivers and Saginaw Bay in Michigan. This involved both ecological and human use assessments and consideration of cultural (tribal) services.

Chemical Fire, Texas — Assisted with the investigation of impacts from releases of oil and per- and polyfluoroalkyl substances (PFAS) in an estuarine system, including potential effects on water, fish, birds, sediments, and human uses of the environment.

Libby Mine, Montana — Assisting with NRDA issues at a large mining site with associated asbestos contamination, with claims filed in bankruptcy court. Evaluated damage estimates based on contingent valuation studies by the plaintiffs’ expert and provided analysis in mediation on the matter that led to plaintiffs dropping the contingent valuation approach.

Preliminary Evaluation of Damages, Minnesota — Conducted a preliminary evaluation of potential damages to a large surface water system from PFAS chemicals and potential effects on ecological and human use service provision.

Mercury Site, Virginia and Tennessee — Assisting on the NRDA for mercury contamination in an extensive river and floodplain system in Virginia and Tennessee. This involves both ecological and human use issues.

Mercury Site, Alabama — Assisting the NRDA for mercury contamination in a river and floodplain system in in Alabama. This involves both ecological and human use issues.

Fox River, Wisconsin — Provided assistance to a client with a preliminary evaluation of damages associated with the Fox River site in Wisconsin.

Onondaga Lake, New York — Assisted with recreation injury and restoration assessments for the Onondaga Lake site.

ASARCO Bankruptcy, Multiple Locations — Led the evaluation of natural resource damages at 10 mega mining/smelting sites in the western U.S. related to the ASARCO bankruptcy. Effort supported third-party bid to acquire assets and settle environmental claims by state and federal creditors.

Port Angeles, Washington — Provided an estimate of damages using habitat equivalency analysis methods for a responsible party at a former industrial facility.

Habitat Equivalency Analysis Applications at Large Sites, Multiple Locations — Employed habitat equivalency analysis to assist clients in managing natural resource damage liability at the Chevron Port Arthur facility and the Chevron Col-Tex site.

Lost Human Use Analysis for Trustees, Multiple Locations — Conducted lost human use studies on behalf of natural resource trustees for impacts associated with the Bunker Hill Superfund site, and due to mine wastes at the Dober Mine site in Michigan.

South Valley Superfund Site, New Mexico — Provided economic analysis, litigation support, and expert testimony in federal court regarding a large claim by the State of New Mexico ($4 billion) for damages to groundwater near Albuquerque.

Contaminated Site, Minnesota — Lead consultant for groundwater damages at a former wood treating facility.  Analysis of the Trustees’ resource equivalency analysis and participating in negotiations with Trustee agencies.

Contaminated Site, Massachusetts — Lead consultant for groundwater damages at a site near Boston.  Analysis of the Trustees’ resource equivalency analysis and advising in negotiations with Trustee agencies.

Confidential Sites, Northeast — Leading a team addressing potential damages associated with groundwater contamination at multiple sites from releases of a gasoline additive.

Contaminated Site, New York — Lead consultant for United States in defense of claims for groundwater damages at a large Department of Defense site on Long Island.  Analysis of the Trustees’ resource equivalency analysis and participating in negotiations with Trustee agencies.

Groundwater Damages, Multiple Locations, New Jersey — Conducted analyses of groundwater damages and provided litigation support at 13 different sites in New Jersey including expert testimony on damages at the Ewing Township site in New Jersey and supporting a mediated settlement in South Brunswick.  This work has involved evaluation of the application of the “New Jersey Ground Water Settlement Formula” as well as developing restoration approaches for settling groundwater damage liabilities.

Groundwater Damages in ASARCO Bankruptcy, Multiple Locations — Related to a bankruptcy proceeding, opined on damages to groundwater at eight other sites, in New Mexico, Missouri, Kansas, Oklahoma, and Montana. Effort supported third-party bid to acquire assets and settle environmental claims by state and federal creditors.

Confidential River Site, Midwest State — Leading the defense of NRDA claims by State and federal trustee agencies following an accidental release of a toxic substance involving a fish kill and potential impacts to sediments, habitat, and recreational use.

Gravely Run Chemical Release, Virginia — Led the NRDA for a release of phenol that led to a fish kill in a tributary of the St. James River. Used resource equivalency methods to scale habitat restoration to address fish mortality.

Gravely Run Chemical Release, Virginia — Led the NRDA for a release of ammonium bicarbonate that led to a fish kill in a tributary of the St. James River. Used resource equivalency methods to scale habitat restoration to address fish mortality.

Crystal City Mineral Oil Release, Virginia — Led the NRDA for a release of mineral oil into a tributary of the Potomac River that resulted in harm to wildlife.

Refugio Bay Oil Spill, California — Led the NRDA team for a spill from a ruptured pipeline that migrated to the Pacific Ocean.  Led the estimation of injuries to sand and cobble beaches, intertidal zones including submerged vegetation and rocky outcrops, water column and sediment habitats and organisms, birds, and recreation, and the scaling of restoration for these injuries.  Provided strategic support, technical negotiations, and presentations to the mediator on behalf of the responsible party.

Confidential Site, Oregon — Leading the NRDA for a spill of gasoline into a river in Oregon.  Estimation of injuries and restoration scaling.

Deepwater Horizon Oil Spill, Gulf of Mexico — Principal in charge and project manager for the collection of data for the NRDA. Also served as one of two consultants on the client’s strategic natural resource damage management group.

Maria Aguinda et al. v. Chevron, Ecuador — Submitted two expert reports on behalf of a client in a highly publicized case involving alleged ecosystem damages from historical oil operations in the former Napo Concession Area in the Oriente region of Ecuador. Provided support in ongoing matters related to environmental damages relevant to a bilateral treaty dispute before the Permanent Court of Arbitration in The Hague.

Texas City Y Oil Spill, Texas — Advising the responsible party on statistical matters regarding estimating injury to marine mammals and human use in an NRDA for an oil spill near Galveston, Texas.

M/V Stuyvesant Oil Spill, California — Lead economic consultant on behalf of the responsible party in a cooperative assessment with California Department of Fish and Wildlife, NOAA, and the U.S. Fish and Wildlife Service.  Resource impacts included recreation, fish, birds, and beaches.

M/V Cosco Busan Oil Spill, California — Assisted on estimation of recreational and ecological impacts in an NRDA on behalf of the responsible party.

Foss Point Wells Oil Spill, Washington — Led the lost cultural use assessment for an oil spill in Doe Kat Wats embayment.  Helped negotiate restoration for effects on use of the area by the Suquamish people.

Lost Human Use, Multiple Locations — Led the assessment of damages for lost human uses for responsible parties on the Refugio Bay, Chalk Point, M/V Stuyvesant, John Heinz, Buzzards Bay, Athos, Christina River, Bermuda Islander, and CITGO Calcasieu Estuary spills. Also, led the Trustee recreation studies for the Tampa Bay and Presidente Rivera oil spills.

Ecological Injuries, Multiple Locations — Led the use of habitat equivalency analysis to scale restoration of ecological injuries for the M/V Stuyvesant and Lake Barre oil spills. Led a team conducting mortality estimates and population modeling studies for wildlife injuries on the Chalk Point, M/V Stuyvesant, and Buzzards Bay oil spills. Devised a method for determining the scale of land acquisition as a restoration action for ecological losses due to the San Jacinto oil spill.

American Clean Power, Northeast U.S. — Evaluated methods for determining mitigation for incremental mortality of an endangered species (the Rufa Red Knot) due to turbine strikes at a hypothetical offshore wind farm.

Environmental Damages from War, Ukraine — Assisted the Ministry of Environmental Protection and Natural Resources in Ukraine in estimation of damages from the war arising from the Russian invasion of Ukraine.

Confidential Engagement, Western State — Providing expert services regarding alleged impacts to recreational use from fish consumption advisories.

Confidential Engagement, Southern State — Providing expert services regarding estimation of damages from alleged impacts to coastal wetland resources.

Ecological Damages from Large Wildfires, California — Assisted in the assessment of potential injuries and damages from wildfires as part of bankruptcy proceedings for a large California utility.

Contaminated Site, Texas — Led the investigation of restoration needed to offset impacts to a marine system from marine vessel maintenance operations.  The ecological services analysis is being conducted in lieu of active remediation of sediments, with the evaluation of the sufficiency of proposed restoration being conducted by state and federal natural resource trustee agencies.

Damages from Water and Sediment Release, Missouri — Led the assessment of damages to ecological and human use services from a catastrophic release of water from the Taum Sauk pumped-storage electricity generation facility.

Damages to Ancient Archeological Sites, California — Assisted the U.S. Department of Justice in defending a claim for damages by a tribe when work on an electric transmission line resulted in damage to several ancient archeological sites of cultural value to a tribe. Provided expert testimony in federal court evaluating plaintiff’s damage valuation methods.

Ecosystem Service Values of Wetlands, Louisiana — Member of a project team assisting a major oil company with evaluation of large land holdings for potential value in providing carbon sequestration and other ecosystem services.

Climate Change and Damage Assessment — Collaborating with a team preparing guidance for industrial companies on climate change and assessment of environmental liabilities associated with contaminated sites and oil spills.

Social Cost of Carbon — Member of a team advising the American Petroleum Institute on uncertainties in estimates of the social cost of carbon.

Net Environmental Benefits Assessment — Contributed to the development of Net Environmental Benefits Assessment (NEBA) as an innovative tool for choosing remedial options at CERCLA and RCRA sites. Invited to give presentations on NEBA at several national conferences. Applied NEBA to evaluate remedial options at contaminated sites in Connecticut, Ohio, Michigan, and Massachusetts.

Simultaneous Equation Causal Modeling of Ecological Effects, Delaware — Provided statistical expertise to a large project involving the application of ecological risk assessment and risk management approaches to physical stressors in an estuarine environment. The approach related elevated water temperatures to multiple endpoints describing water quality This approach was used in permitting under the Clean Water Act and a point-nonpoint pollution trading analysis.

Conjunctive Use of Groundwater and Surface Water under Uncertainty, Israel — Analyzed the risk management and risk-benefit issues that arise in using and valuing groundwater when surface supplies are uncertain.  This led to development of the concept of the buffer value of groundwater, which then was measured for the aquifer underlying the Negev region in Israel.

Risk Management with Irreversible Decisions — Analyzed the role of irreversibility in decision-making to manage risk, and studied the measurement of welfare change in a risk-management context.

Decision Analysis — Leading a team undertaking a decisions analysis of wetland restoration in an urban waterway.

Net Environmental Benefits Assessment — Contributed to the development of Net Environmental Benefits Assessment (NEBA) as an innovative tool for choosing remedial options at CERCLA and RCRA sites. Invited to give presentations on NEBA at several national conferences. Applied NEBA to evaluate remedial options at contaminated sites in Connecticut, Ohio, Michigan, and Massachusetts.

Conjunctive Use of Groundwater and Surface Water under Uncertainty, Israel — Analyzed the risk management and risk-benefit issues that arise in using and valuing groundwater when surface supplies are uncertain.  This led to development of the concept of the buffer value of groundwater, which then was measured for the aquifer underlying the Negev region in Israel.

Refugio Bay Oil Spill, California — On behalf of the responsible party, led the NRDA for a 2015 oil spill near Santa Barbara, California.  Developed a decision model to advise the client on the value of additional studies to reduce uncertainties about likely damages.  Presented the responsible party’s technical analysis of damages in the mediation of the NRDA for this case.

ASARCO Bankruptcy, Multiple Locations — Related to a large bankruptcy proceeding, lead a team estimating remedial and natural resource damage liabilities at 15 mega-sites.  Used Monte Carlo methods to specify a probability distribution of total liabilities across sites. Results were presented to the U.S. Department of Justice in support of a third-party bid to acquire assets and settle environmental claims by state and federal creditors.

Risk Management with Irreversible Decisions — Analyzed the role of irreversibility of decisions when managing risk and studied the measurement of natural resource values in a risk-management (real options) context.  The importance of learning the value of information for the timing of decisions was highlighted.

Methods for Valuing Beach Recreation, Delaware — Conducted research at the University of Delaware on methods for valuing beach recreation, incorporating the effect of knowledge of beach quality characteristics on destination choices. A sample survey was employed to collect data for the estimation of such a model.

Value of Beach Recreation, Florida — Led a project to value beaches statewide in Florida. This involved estimation of a large-scale travel cost recreation demand model for beach recreation in Florida.

Effect of Mine Waste on Recreational Use of Waterways, Michigan — Led an economic analysis of impacts of mine wastes from the Dober Mine on the value of aquatic habitat for recreation.

Acid Rain and Recreational Fishing, Minnesota — As a consultant to a power company, estimated the benefits of state acid rain control regulations. Served as an expert witness in an administrative law case in this regard.

Water Quality and Recreational Fishing, Minnesota — Led research on using recreation demand models to value water quality changes in Minnesota lakes due to changes in water clarity from nutrient loadings. This involved primary data collection via sample survey, and specification and estimation of a model of fishing demand in Minnesota. Conducted under a grant from the State of Minnesota.

Valuing Changes in Water Quality and Fishery Management on Recreational Value of Waterways, Michigan — Worked on several projects in Michigan relating to valuing water quality and fishery resources. Developed a discrete choice model of the demand for recreational fishing statewide in Michigan. The model was applicable to evaluating the benefits of fishery management decisions and analysis of the impact of surface water quality on the value of Michigan’s fishery resources. That model was applied in the analysis of the impact of a large pumped-storage electricity generation facility, at Ludington, Michigan, on the Lake Michigan fishery. Provided expert testimony in a case surrounding the power plant and its relicensing under the Federal Energy Regulatory Commission. Co-led a team of investigators developing a recreation demand model for fishing in Michigan. This involved complex survey research and the design and implementation of statistical and economic models of fishing behavior. The model is applicable to valuing both fishery management decisions and the effect of changes in water quality on fishery resources.

Land Conservation, Texas — Developed methods for valuing land used for conservation purposes. Contributions included specifying a model of land use dynamics and associated environmental service flows that was used to scale the amount of land acquisition needed to compensate for an environmental harm.

Value of Property Donation, Delaware — Developed and applied methods for establishing the value of property donated to a public entity for conservation purposes. This has been done to value a land preservation and enhancement project as a Supplemental Environmental Project at a large industrial facility.

Value of Property Donation, Louisiana — Led a project valuing a donation of a large tract of land in Louisiana to the Nature Conservancy.

Value of Property Donation, New York — Led a project to value a donation of a parcel of land with unique ecological attributes at the confluence of the Mohawk and Hudson rivers to communities in upstate New York.

Effect of Wetlands on Urban Housing Values, Minnesota — Conducted a hedonic property value analysis in Minneapolis on the value of proximity to water-based amenities.

Groundwater Contamination and Housing Values, New Mexico — Provided litigation support on plaintiff’s expert’s approach to measuring damages using a hedonic property valuation model in the South Valley Superfund natural resource damage case.

Simultaneous Equation Causal Modeling of Ecological Effects, Delaware — Provided statistical expertise to a large project involving the application of ecological risk assessment and risk management approaches to physical stressors in an estuarine environment. The approach related elevated water temperatures to multiple endpoints describing water quality This approach was used in permitting under the Clean Water Act and a point-nonpoint pollution trading analysis.

Groundwater Valuation — Served on a scientific committee of the National Research Council of the National Academy of Sciences on valuing groundwater. In this capacity, was a contributor to a book published by National Academy Press on this topic.

Non-point Pollution Control — Investigated problems of regulating non-point source pollution. Wrote several papers on this topic with funding from the Fondazione Eni Enrico Mattei, in Milan, Italy. Employed game theory approaches to studying incentives provided by regulations for farmers to control runoff of agricultural pollutants. Conducted analyses of the benefits of controlling sediment deposition in rivers and streams, and on the design of non-point pollution policies for agricultural lands for the U.S. Soil and Water Conservation Service.

Sustainability in Agriculture, International — Served as a consultant to the International Service for National Agricultural Research in Holland on research policy implications of sustaining agricultural production. Acted as a consultant to the World Bank on the effect of uncertainty on decisions made by agricultural households and adapted an approach from operations research (dynamic programming) to evaluate these issues.

Trade Policy and Natural Resource Use — Co-investigator on a project funded by U.S. Agency for International Development. Worked on issues relating macroeconomic performance, economic growth, and natural resource use in developing countries. Conducted research on the relationship between policies directed to international trade and environmental control policies.

Political Economy of Environmental Regulations — For U.S. Agency for International Development, developed models of the interaction between political regimes and institutions, and trade and environmental policies.

Recent Expert Testimony — Deposition and testimony at trial were given in 2015 and 2018, respectively, in the matter of Quechan Indian Tribe v. United States of America; Case Number 02-1096; U.S. District Court for the Southern District of California.

Two expert reports were submitted to the Sucumbios Provincial Court of Justice in Ecuador on the matter of Maria Aguinda, et al. v. Chevron Texaco Corporation:

• Rebuttal to the calculation of supposed Economic damages due to Ecosystem losses by Mr. Richard Cabera Vega September 8, 2008.
• Rebuttal to “Evaluation of Natural Resource Service Losses related to Oil Field Development in the concession” by Dr. Lawrence W. Barnthouse.

Expert testimony was given in 2004 in an evidentiary hearing on proffered expert testimony regarding the South Valley Superfund Site in Albuquerque New Mexico, New Mexico v. General Electric Co., Case number 6:99-cv-01118-BSJ, 99-cv-1254 BSJ (consolidated).