AES works closely with in-house and outside counsel to provide scientifically legitimate and legally defensible solutions. We can provide technical and scientific assistance for settlement negotiations or assist counsel with trial preparation, deposition and testimony. In conjunction with counsel, we provide technical options and decision analyses and/or provide independent services for technical mediation.


AES scientists have worked on almost 50 Natural Resource Damage Assessments (NRDA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; "Superfund") and the Oil Pollution Act (OPA). For NRD claims we have developed site-specific, agency approved, models as a framework for negotiation and resolution. AES has also provided considerable technical and scientific support on issues related to the Endangered Species Act (ESA), and the Migratory Bird Treaty Act (MBTA).


Our science and economic-based mitigation scaling models (MSM) negate the use of arbitrarily conceived "compensation ratios". Instead, our MSM provide a transparent mechanism by which all parties, agencies, counsel, the resources and the public may find appropriate resolution. The MSM have been used to scale planning and other environmental compensatory claims. AES scientists provide expert assistance on animal population impact or injury claims, particularly for birds, and most notably, seabirds.