Expert Witnesses and Environmental Ldtigation

Abstract

Environmental legislation is developing rapidly. In addition, considerable attention is being given to the environmental impact of new technological developments. Governments as well as citizens, often through organized groups are placing unprecedented pressures on many industries and even on other parts of the government. Popular feeling has been extremely strong on such matters and resistance so far has not been strong. This is likely to change substantially and the future may see a rapid increase in the number of environmental suits especially if the continued existence of certain industries is threatened. Expert evidence will be needed to support government legislation and to support actions to preserve the environment. Such measures will have inevitable economic implications and will evoke predictable responses. Reconciling these viewpoints will provide a challenge for the community which will probably depend to a larger extent on interpretation in courts of -law. The ability of various experts to give advice through the legal process will be essential if the most effective compromises are to be found. It is the purpose of this paper to discuss the gathering and use of such scientific evidence in environmental lawsuits.