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.
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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.
For engineers, scientists, attorneys, government regulators, financial and real estate professionals, and the broad spectrum of environmental consultants, this book is critical for all whose work involves environmental contamination.
This comprehensive guidebook includes: Guidance in the development and presentation of forensic opinions within the litigation process, Stand-alone applications of historical research, groundwater contaminant modeling, chemical fingerprinting, toxicology, and risk assessment to environmental litigation; Chemical and investigative forensic methods presented within the context of environmental forensic case histories;Illustrative problem-solving as an invaluable teaching and learning resource;Typical forensic cases grouped to illustrate the three main areas of environmental litigation: minimizing damages to clients, allocating damages between responsible parties, and resolution of insurance-related issues.