Front cover image for Practical environmental forensics : process and case histories

Practical environmental forensics : process and case histories

A comprehensive practical guide to environmental forensics. With real-world examples and advice on both scientific and legal issues, Practical Environmental Forensics stands on the front line of this new interdisciplinary approach to the environmental litigation process. Compiled by experts with decades of combined experience in teaching, research, consulting, and litigation, it is the first book to offer a comprehensive presentation of environmental forensics. The first section provides an introduction to the forensic process, a historical perspective on pollution, and related laws and insurance issues. The book continues with a review of the most commonly used technical approaches and methods employed to support forensic litigation case issues. A third section introduces essential environmental forensic support functions, including admissibility of evidence, expert case management, and the use of mediation methods in settling cases. Finally, the book explores the environmental forensic process through an extensive body of real case studies in which the authors have participated
eBook, English, ©2001
John Wiley, New York, ©2001
1 online resource (xviii, 588 pages) : illustrations (some color)
9780471437659, 0471437654
48139696
Cover
Contents
Preface
1 The Truth, the Whole Truth, and Nothing but the Truth
A QUESTION OF ETHICS
A DIFFERENCE OF OPINION
DEFENDING THE FAITH
A TORTUOUS PATH
2 A Legacy of Waste and Chemical Pollution
CHEMICAL-HANDLING PRACTICE
A HISTORY OF WASTE AND POLLUTION
3 Introduction to Environmental Law
THE EVOLUTION OF THE REGULATORY ENVIRONMENT
REAL ESTATE AND PROPERTY TRANSFERS AND THE ROLE OF THE ENVIRONMENTAL AUDIT
4 An Introduction to Insurance Coverage for Environmental Losses
INTRODUCTION
OCCURRENCE-BASED POLICIES
ALLOCATION OF DEFENSE AND INDEMNITY COSTS
POLLUTION EXCLUSIONS
CLAIMS-MADE POLICIES
SUMMARY
5 Site Histories: The Paper Trail How and Why to Follow It
SITE HISTORIES: WHAT THEY ARE
PHASE I ENVIRONMENTAL SITE ASSESSMENTS: A DIFFERENT SORT OF HISTORY
POTENTIALLY RESPONSIBLE PARTY SEARCHES: THE USE AND LIMITS OF HISTORY IN ENVIRONMENTAL FORENSICS
6 The Forensic Application of Contaminant Transport Models
THE CONTAMINANT MODELING PROCESS
PROBLEM STATEMENT: CONVECTION ... DISPERSION ... ADSORPTION MODEL
SOLUTION OF CDA EQUATION FOR CONTINUOUS INJECTION OF CONTAMINANT
SOLUTION OF CDA EQUATION FOR A SLUG SOURCE OF CONTAMINANT
NUMERICAL INTEGRATION IN STIFF PROBLEMS
MODEL IMPLEMENTATION
MODEL LIMITATIONS
THE BORDEN SITE FIELD EXPERIMENT
INVERSE CALCULATIONS WITH THE INSTANTANEOUS POINT SOURCE SOLUTION
FORWARD CALCULATION OF THE BORDEN PLUMES WITH THE DISTRIBUTED SLUG SOURCES
SUMMARY
7 Chemical Fingerprinting
CHEMICAL FINGERPRINTING TEST METHODS
FINGERPRINTING APPLICATIONS
REVIEW OF CHEMICAL FINGERPRINTING EVALUATIONS
8 Forensic Applications of Environmental Health Sciences
CASE STUDIES
SUMMARY
9 Risk Assessments
DATA COLLECTION
DATA GAPS
EXPOSURE
RECEPTORS
EXPOSURE PATHWAYS
ROUTES OF EXPOSURE
TOXICITY
CALCULATION OF RISK
RISK COMMUNICATION
LITIGATION
10 Why Use Visuals
A PICTURE IS WORTH ..
DO YOU SEE WHAT I SEE?
TIME IS OF THE ESSENCE
ONE FROM COLUMN A AND ONE FROM COLUMN B
VARIETY IS THE SPICE OF LIFE
TWO TIN CANS AND A STRING
11 Evidence Issues: Getting Expert Opinions Past the Judicial Gatekeeper and Into Evidence
HISTORY OF ADMISSIBILITY OF EXPERT TESTIMONY IN FEDERAL COURT
FRYE "GENERAL ACCEPTANCE" TEST
FEDERAL RULES OF EVIDENCE
DAUBERT RELEVANCE AND RELIABILITY
GENERAL ELECTRIC COMPANY V. JOINER
KUMHO TIRE COMPANY V. CARMICHAEL
EXPERT ENVIRONMENTAL TESTIMONY UNDER DAUBERT, JOINER, AND KUMHO
AN EXPERT SHOULD RELY ON MORE THAN "EXPERIENCE" IN REACHING A CONCLUSION
SCIENTIFIC METHODOLOGY MUST BE FOLLOWED
COURTS MAY OR MAY NOT RELY ON THE SPECIFIC FACTORS DESCRIBED IN DAUBERT
THE DAUBERT INQUIRY IS FLEXIBLE AND TIED TO THE SPECIFIC FACTS OF EACH PARTICULAR CASE
OPINIONS SHOULD NOT BE DEVELOPED SOLELY FOR PURPOSES OF TESTIFYING
A REVIEWING COURT MUST APPLY AN ABUSE OF DISCRETION STANDARD
EXPERT CONCLUSIONS BASED SOLELY ON SPECULATION AND POSSIBILITY ARE INSUFFICIENT
MOTIONS TO EXCLUDE EXPERT TESTIMONY PURSUANT TO DAUBERT
ADDITIONAL CHALLENG