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9780471353980

Practical Environmental Forensics Process and Case Histories

by ; ;
  • ISBN13:

    9780471353980

  • ISBN10:

    0471353981

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2000-12-25
  • Publisher: Wiley
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Supplemental Materials

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Summary

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. 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 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.

Author Biography

PATRICK J. SULLIVAN, PhD, and FRANKLIN J. AGARDY, PhD, are Partners at Forensic Management Associates in San Mateo, California. RICHARD K. TRAUB, JD, is Founding Partner at Traub Eglin Lieberman Straus in Edison, New Jersey.

Table of Contents

Preface xix
The Truth, the Whole Truth, and Nothing but the Truth
1(18)
A Question of Ethics
4(1)
A Difference of Opinion
5(5)
Defending the Faith
10(2)
A Tortuous Path
12(7)
A Legacy of Waste and Chemical Pollution
19(30)
Chemical-Handling Practice
20(5)
A History of Waste and Pollution
25(24)
Introduction to Environmental Law
49(20)
The Evolution of the Regulatory Environment
49(18)
Real Estate and Property Transfers and the Role of the Environmental Audit
67(2)
An Introduction to Insurance Coverage for Environmental Losses
69(34)
Introduction
69(8)
Occurrence-Based Policies
77(9)
Allocation of Defense and Indemnity Costs
86(5)
Pollution Exclusions
91(8)
Claims-Made Policies
99(2)
Summary
101(2)
Site Histories: The Paper Trail How and Why to Follow It
103(20)
Site Histories: What They Are
105(5)
Phase I Environmental Site Assessments: A Different Sort of History
110(5)
Potentially Responsible Party Searches: The Use and Limits of History in Environmental Forensics
115(8)
The Forensic Application of Contaminant Transport Models
123(28)
The Contaminant Modeling Process
124(4)
Problem Statment: Convection-Dispersion-Adsorption Model
128(6)
Solution of CDA Equation for Continuous Injection of Contaminant
134(2)
Solution of CDA Equation for a Slug Source of Contaminant
136(3)
Numerical Integration in Stiff Problems
139(1)
Model Implementation
140(1)
Model Limitations
140(1)
The Borden Site Field Experiment
141(4)
Inverse Calculations with the Instantaneous Point Source Solution
145(2)
Forward Calculation of the Borden Plumes with the Distributed Slug Sources
147(1)
Summary
147(4)
Chemical Fingerprinting
151(62)
Chemical Fingerprinting Test Methods
153(26)
Fingerprinting Applications
179(22)
Review of Chemical Fingerprinting Evaluations
201(12)
Forensic Applications of Environmental Health Sciences
213(10)
Case Studies
220(10)
Summary
230
Risk Assessments
223(22)
Data Collection
233(1)
Data Gaps
234(1)
Exposure
235(1)
Receptors
236(1)
Exposure Pathways
236(1)
Routes of Exposure
237(1)
Toxicity
237(2)
Calculation of Risk
239(1)
Risk Communication
239(1)
Litigation
240(5)
Why Use Visuals
245(16)
A Picture is Worth...
245(1)
Do You See What I See?
246(1)
Time is of the Essence
247(1)
One from Column A and One from Column B
247(1)
Variety is the Spice of Life
248(11)
Two Tin Cans and a String
259(2)
Evidence Issues: Getting Expert Opinions Past the Judicial Gatekeeper and Into Evidence
261(40)
History of Admissibility of Expert Testimony in Federal Court
263(1)
Frye ``General Acceptance'' Test
263(1)
Federal Rules of Evidence
264(1)
Daubert Relevance and Reliability
265(1)
General Electric Company V. Joiner
266(2)
Kumho Tire Company V. Carmichael
268(1)
Expert Environmental Testimony Under Daubert, Joiner, and Kumho
269(1)
An Expert Should Rely on More than ``Experience'' in Reaching a Conclusion
269(2)
Scientific Methodology Must Be Followed
271(1)
Courts May or May Not Rely on the Specific Factors Described in Daubert
272(1)
The Daubert Inquiry is Flexible and Tied to the Specific Facts of Each Particular Case
273(2)
Opinions Should Not be Development Solely for Purposes of Testifying
275(3)
A Reviewing Court Must Apply an Abus of Discretion Standard
278(1)
Expert Conclusions Based Solely on Speculation and Possibility are Insufficient
279(3)
Motions to Exclude Expert Testimony Pursuant to Daubert
282(6)
Additional Challenges to Expert Testimony
288(13)
Alternative Dispute Resolution Techniques
301(26)
Description of ADR Methods
302(6)
Historical Role for ADR in Environmental Dispute Resolution
308(6)
Technical Neutrals in ADR
314(3)
Case Studies
317(5)
Managing the Process
322(1)
Summary
323(4)
Forensic Case Management
327(22)
Timing is Everything
327(3)
Elements of forensic case management
330(18)
Summary
348(1)
Environmental Extortion
349(54)
A Property Sale Gone Wrong
349(13)
Filling in the Data Gaps
362(3)
Explaning the Pieces of the Puzzle
365(33)
A Difference of Opinion: Round 2
398(1)
Defining the Experts
398(2)
The Mediation
400(1)
Sold at Last
400(1)
Lessons Learned
400(3)
A Lesson in Communications
403(18)
An Opportunity to Improve Property Values
403(4)
A ``Dysfunctional'' Mediation
407(1)
A New Beginning and a Short Fuse
408(4)
An Absence of Regulatory Input
412(1)
Developing a Mediation Strategy
413(1)
The Final Mediation
414(4)
The Settlement
418(2)
Lessons Learned
420(1)
Allocation, Allocation, Allocation
421(20)
A Pollution-Free Industry and Groundwater Contamination
421(1)
The Industrial Park Investigations
422(5)
Allocation Among Parcels
427(7)
Allocation Among Parcel Occupants
434(5)
Decreasing Remedial Costs
439(1)
Lessons Learned
439(2)
Deflating Environmental Costs
441(14)
The Parties and Their Problems
441(3)
The Forensic Investigation
444(6)
An Exaggerated Claim
450(1)
Settlement Preparation
451(1)
The First Settlement Meeting
452(1)
A More Realistic Settlement
453(1)
Lessons Learned
454(1)
Guilt by Association
455(14)
The History of Manufactured Gas in Grass Hills County
455(3)
The County's Site Investigations
458(1)
The Forensic Investigation
458(7)
An Archeology Investigation
465(3)
Lessons Learned
468(1)
An Issue of Disclosure
469(8)
Claim Background
470(2)
The Litigation
472(4)
Settlement Negotiations
476(1)
Lesson Learned
476(1)
Settling a Claim
477(8)
A Small Family Business
477(3)
An Insurance Claim
480(2)
An Attempted Settlement
482(2)
Lessons Learned
484(1)
A Cost of Doing Business
485(12)
Solid Waste Disposal
485(2)
The City's History of Solid Waste Management
487(6)
The Forensic Invesgigation
493(3)
A Settlement Meeting
496(1)
Lessons Learned
496(1)
A Sudden and Accidental Event
497(18)
Background to a Property Sale
497(4)
Groundwater Remediation: Phase I
501(2)
Lawsuit 1
503(1)
Groundwater Remediation: Phase II
504(1)
The Insurance Litigation
504(9)
Lessons Learned
513(2)
An Act of God
515(22)
Site History
515(3)
A CGL Insurance Claim
518(1)
An Opposing Opinion
519(14)
Depositions
533(1)
Lessons Learned
534(3)
Appendix A 537(10)
Appendix B 547(30)
Index 577

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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