Mr. Spengler has provided litigation support on numerous cases including several cases related to the Polanco Redevelopment Act. His experience includes testimony as both an expert and as a percipient witness, preparation of trial exhibits, participating in depositions, assisting with the development of legal strategies, and in providing trial testimony. Mr. Spengler's primary expertise is in the interpretation and forensic interpretation of historical land uses and records and how they relate to the presence of soil and or groundwater contamination.  

2001    The Redevelopment Agency of the City of San Diego, A Redevelopment Agency, V. Mr. Irwin Jaeger                                                               SITE:  401, 417, 439 6th Avenue and 440 7th Avenue, San Diego, California.

As part of the East Village redevelopment, the Irwin Jaeger property was found to have 3,663 tons of soil contaminated with burn ash, lead, and/or petroleum products from a leaking underground storage tank. The redevelopment agency used the Polanco Redevelopment Act to acquire the property. Mr. Spengler was deposed as both a percipient witness and as an expert witness. His depositions, along with the depositions of other SCS personnel, dissuaded a trial over the environmental costs; although, a trial over the property valuation proceeded.

2001    The Redevelopment Agency of the City of San Diego, A Redevelopment Agency, V. The Salvation Army                                                         SITE:  728 K Street, San Diego, California

As part of the East Village redevelopment, the Irwin Jaeger property was found to have 1,275 tons of soil contaminated with burn ash, lead, and/or gasoline from a leaking underground storage tank. The redevelopment agency used the Polanco Redevelopment Act to acquire the property. Mr. Spengler was deposed as an expert witness and testified at trial as such.

This became a landmark case, which resulted in a trial judge decision in favor of the redevelopment agency; the appellate court issued the first decision interpreting the Polanco Redevelopment Act and upholding the trial court’s decision.  

2004    The Redevelopment Agency of the City of San Diego, A Redevelopment Agency, V. Ahmed Mesqaq, Etc.,                                                       SITE:  502 J Street, San Diego, California

This Polanco Redevelopment Act action against Ahmed Mesqaq, Etc. related to the presence of burn ash on property condemned by the redevelopment agency. The redevelopment agency used the Polanco Redevelopment Act to acquire the property. Mr. Spengler was deposed as an expert witness and testified at trial as such. 

2006    ANKA (Gaslamp), LLC V. Chevron USA, Inc., A Pennsylvania Corporation                                                                                                               SITE:  601 Market Street, San Diego, California

The property at 601 Market Street in San Diego, California was found to have approximately 20,000 tons of soil impacted by a gasoline release that had originated off-site where a Standard Oil/Chevron gasoline service station had historically been present. Mr. Spengler was the Project Manager for the remediation at 601 Market Street during the construction of a mixed-use condominium tower with three levels of below grade parking. He was retained as an expert witness in the case of the developer of the site versus Chevron. The releases of gasoline had migrated across an 80 foot right of way and impacted approximately 80 percent to 90 percent of the site. Mr. Spengler’s documentation of the on-site impacts and connection with environmental data from the Chevron site, along with his reconstruction of underground storage tank locations, pipelines, and fuel dispensers from historical aerial photographs and maps formed the basis of ANKA’s successful effort for cost recovery for associated expenses related to the gasoline impacted soils.

2006    The Redevelopment Agency of the City of San Diego, A Redevelopment Agency, V. Chevron USA, Inc.                                      SITE:  701 Market Street, San Diego, California

The redevelopment agency used the Polanco Redevelopment Act for the purpose of future remediation cost recovery related to releases of gasoline from an historical Standard Oil/Chevron gasoline service station. Mr. Spengler used environmental data and historical aerial photographs and maps to reconstruct underground storage tank locations, pipelines, and fuel dispensers which provided convincing evidence that, at a minimum, a portion of the releases were the result of releases from underground storage tanks owned/operated by Standard Oil/Chevron. On the basis of Mr. Spengler’s expert witness deposition, Chevron settled the case with the redevelopment agency without going to trial.