NEA has broad experience providing litigation support and financial
analysis for the valuation of economic losses or damages, economic and environmental
impacts of policies, and the proper cost for water transfers and water rights
transactions. We have also worked extensively on cases involving regulatory
impact assessment, water rights claims, application of economic theory, personal
injury claims, and damages to agricultural lands.
Legal firms select NEA to provide expert witness testimony not only for our
reputation, technical expertise, and communication skills on the witness stand,
but also for our unique ability to clearly translate complex economic theory
and industry jargon into language that is easily understood by the judges
and jurors. Such activities reflect our primary commitment to produce work
that will stand up to any and all types of challenges.
The NEA expert witness and research support staff work closely with the attorneys
who engage our firm to develop defensible economic arguments and effective
support materials, such as economic models, databases, GIS maps, GPS data,
and reports. Results from these analyses are presented in a visual format
appropriate for both deposition and courtroom audiences.
Legal teams also benefit from our talent for facilitating cooperation and
consensus of the "big picture" among other expert witnesses involved
in the case. NEA efforts, in collaboration with the legal team, result in
more cohesive court testimony.
Project Highlights
North Kern Water Storage District vs. Kern
Delta Water District:
Litigation Support and Testimony
North Kern Water Storage District, Bakersfield, CA
NEA developed extensive economic and spatial analyses for the plaintiff in this dispute between two major California water districts over Kern River water rights. We analyzed historic and current benefits of water, benefits of irrigated agriculture, and financial feasibility of water projects. We also generated four reports in support of testimony, as well as multiple exhibits and GIS maps related to key aspects of testimony. The project involved extensive work with plaintiff attorneys and preparation and delivery of expert witness testimony at trial.
Economic Quantification of Nambe Indian
Reservation
Reserved Water Rights
U.S. Department of Justice, Denver, CO
NEA developed and utilized, for courtroom exhibits and testimony, relevant economic theory for evaluating water resource development for irrigation purposes on the Nambe Indian Reservation, near Santa Fe, New Mexico. The analysis included the use of benefit-cost techniques, the Indian homeland concept, and appropriate discount rates. NEA’s report served as a trial exhibit and basis for expert witness testimony in the water rights case, New Mexico v. Aamodt, et al.
Measurement of the Economic Losses Sustained
by the Torres-Martinez Tribe from Inundation of Tribal Lands
U.S. Department of Justice, Denver, CO
NEA provided support for damage claims resulting from inundation of reservation lands of the Torres-Martinez in southern California. Our staff provided analysis, deposition, and testimony at trial in support of the economic damage claims. The court awarded $4 million in damages to the tribe and recommended additional negotiated settlement. NEA has continued to be involved in the negotiations, as well as funds distribution.
"NEA backs up their experience with timely, well-written materials and courtroom exhibits that are first class. They put in the time to develop well-prepared direct testimony and are invaluable to the attorney preparing to cross-examine the opposition’s experts."
Greg Wilkinson
Best, Best & Krieger
Riverside, California
