As a consultant to the EPA Criminal Investigation Division, I inspected the location of an alleged illegal asbestos removal from a large steam-heated water tank. Under the watchful eye of the defense attorney and expert, I directed the collection of residue from the tank surface by an EPA technician. This residue was analyzed by an EPA laboratory and found to contain asbestos. I received the samples as evidence and examined their physical characteristics, then returned them to EPA under chain of custody. During the investigation I also examined other samples and associated them with the tank through their physical characteristics, as well as reviewing documents and attending conferences with EPA attorneys and agents.

Court-appointed expert...

By mutual agreement of plaintiff’s and defense counsel, I served as an expert for the Special Master in a case where W R Grace was proposing to use their DMA asbestos digestion process as the basis for determining abatement costs in cost recovery litigation for two airport complexes. I reviewed an extensive amount of documentation on the development of the process, the economics of its application, and the results of its testing at a WR Grace research facility for exposure to asbestos fibers and the chemical constituents of the DMA agent. I visited the research facility with experts for defense and plaintiffs to observe the application of the agent to Monokote fireproofing on beams and the deck, wearing the protective chemical suit required at that stage of development. As part of my effort I toured parts of both airport terminals and support buildings to observe the locations where Monokote had been installed. From this assignment I gained an early and thorough knowledge of the principles and limitations of the DMA process and similar asbestos conversion methods.

Summaries of other cases Mr. Oberta has worked on are available to interested attorneys on request.