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79 Cards in this Set

  • Front
  • Back

Conditions of a good site history (3 aspects)

-The findings are presented in narrative form (chronological and tying together themes can create an interpretation)


-Diverse sources, and types of sources, are used (various types of data because some could be misleading)


-Findings are reproducible (other historians would come to the same conclusions, review same evidence, etc.)

Defense against Environmental liability

No Reason to know "Innocent landowner defense" - must have initially inquired appropriately, expanded pre-purchase due diligence investigations of process that would residually contaminate. Also regarding the fact that of not being able to determine contaminates at the time

Proposed amendment to Cercla Innocent landowner defense amendment of 1993

would have limited site history to 50 years prior. Obviously pro historians objected, 1940s were bad news environmentally (No cercla amendments have been close to becoming law)

ASTM standard historical sources

aerial photographs, fire insurance maps, property tax files, recorded land title records, usgs topographic maps, local street directories, building department records, zoning/land use records, and other historical sources

TCE usage

industrial solvent prized for degreasing, WWII sites heavily used this and post war, Current Dispute over site specific eval or general knowledge of chemical and hazards be enough to pin military as responsible (cant sue military). First dipped into bathes, then realized vapor degreasing was best. Military basically refuses to cooperate in cleaning up TCE sites

FUDS and DERP

Formerly Used Defense Sites became part of a larger Defense Environmental Restoration Program. Dep of Defense as of 1996 had spent 11 billion on 11,000 sites but mostly just removing USTs

Transport Models

are used to predict the future distribution of specific in groundwater, and thus help in design and implementation of corrective action

Questions for historians to answer

1. what was the origin or the source of contamination


2. when did the contamination occur

information required to run contaminate transport models

knowing both the characteristics of the contaminate release and the hydrologic characteristics of the site being modeled. Information regarding the mass of the contaminate released and the time period over which it was released is usually unknown. Modeler must make assumptions about release and site characteristics

the steps of a protocol for site model formulation

1. Define the purpose of a site model


2. Define the model scope by inventorying available site data


3. Form conceptual site model by analyzing data


4. select a suitable mathematical model to describe contaminate transport


5. Select a suitable numerical algorithm to implement the mathematical model


6. verify that the algorithm will do what is asked


7. use the conceptual model as inputs to the conceptual model


8. Calibrate the computer model by adjusting inputs

the necessary steps of the exploratory data analysis (16 steps)

1. Evaluate the groundwater flow direction and gradient


2. Evaluate the aquifer porosity from geo logs


3. Evaluate the aquifer thickness from geo logs


4. Estimate the contaminated aquifer intervals from vertical samples


5. Evaluate well tests to obtain the aquifer conductivity (permeability)


6. If possible, evaluate the distribution of aquifer porosity and conductivity


7. Calculate the groundwater flow velocity and estimate the possible range of values


8. Evaluate the spatial correlation of chloride ion concentrations


9. Calibrate the groundwater velocity against growth of the non-adsorbing chloride plume


10. Evaluate the spatial correlation of concentration of contaminates.


11. Using contaminate concentration diagrams and an optimal interpolation method, plot contaminate plume shapes


12. Given the aquifer mineralogy and porosity and relying on the results of published lab in situ measurements, evaluate one or more contaminate retardation coefficients


13. Using the aquifer porosity, scale the remaining retardation coefficients


14. From analagous aquifer tests and general scaling techniques, estimate the longitudinal and transverse dispersion of the chloride plume


15. evaluate the historical volumes of contamination discharge at the site


16. estimate aquifer locations of contaminate discharge

conclusion of contaminate transport models

litagating parties expect the expert to repaint a clear picture, but is very difficult to do

Chemical fingerprinting has been used to

1. identify the origin or source of bomb parts and fire accelerants and drugs and other contraband


2. track the path of chemical pollution


3. provide information on the climatological conditions of the past


4. document ancient trading routes by archeologists


5. Identify species of plants and animals


6. Support the current theories regarding life on mars and the extinction of many species of dinosaurs on earth by an asteroid.


IDENTIFY THE SOURCE OF POLLUTION


Steps involved in the fingerprinting process

1. The generation of chemical data (attention focused on complying with testing procedures and the error or bias associated with a procedure)


2. A data processing or evaluation step where the general outcome is the creation of a result or story that addresses the litigation issue (review may be centered around the multiple assumptions that are inherent in these activities)

issues to consider when chemical fingerprinting

1. the actual test selected to generate fingerprinting data. Test must be reliable, reproducible, and based on known scientific principles.


2. the reason WHY the test is used. There must be a basis for using test results in fingerprinting



Need to address bias and limitations of the test

Bioling Point determination

boiling point of a chemical is a relatively unique property and can help to identify unknown material. mixes have ranges bp with low boiling point to high boiling point of each material. Low boiling compounds (cleaning agents, gas, sovents) turn to vapor easy and vice versa

analytical methods to detect and measure individual chemical compounds

Gas Chromatography (most common), others include high pressure liquid chromatography (HPLC), thin layer chromatography (TLC), and visible spectroscopy (VS) and others.

Isotopic Determinations

looks at differences in elemental or atomic composition. Isotopes are neutron varying. Every material has a isotropic signature. There are stable and radioactive isotopes. Stable stay the same, radio can spontaneously change to form different elements or different isotopes. Carbon dating (radio carbon 14)

finger printing applications

Identification of an unknown- MSDS, product specifications, and historical info can provide


Matching samples - a sample of suspect material is compared by establishing detailed composition of all products or by grouping similar chemical composition samples

Fingerprinting evaluation example

EPA implemented restrictions of lead gasoline (.5g/gal by '79, .1g/gal by '85,) but based on averages, so that means that there Could have been leaded gas above .1g/gal delivered to a site after '85.

Technical data reviews

focuses on those areas likely to provide useful information. Issues of concern are the variability in the composition of the samples analyzed and the variability in the numerical data provided

conclusions of chemical fingerprinting

tests can help client understand significance of chemical tests. Essentially just helps people understand the complex chemistry behind the contamination

Environmental health sciences relies on

application of different scientific disciplines to examine and evaluate the impacts of chemical on human health, welfare, and the environment. Disciplines include: chemistry, biology, toxicology, epidemiology, physiology, and applied sciences like engineering, industrial hygiene, medicine, stats, and risk assessment.

Environmental Toxicology

concerned with poisons to humans or other organisms following environmental exposure. Pesticides, metals, radiation, solvents, and plants are all common environmental toxicants

Epidemiological studies

examine the distribution of disease frequency in human populations (Been important since ancient cultures)

the most common application of forensic toxicology

involves the identification of agents that can serve as causative agents in inflicting death or injury on humans/organisms or in causing property damage

Scientific method in Environmental Health Sciences

1. Investigator should have a firm understanding of the history of science as it pertains to health science


2. Actions should be judged based on state of knowledge at the time of occurrence


3. Tested hypothesis becomes a theory, if then generally accepted, becomes scientific law

Dose-Response Relationship

-16th Century Philosopher Paracelsus stated anything can kill you if you take enough of it.


-Taylor's 1848 poison book amended to "a poison is a substance which, when taken internally, is capable of destroying life without acting mechanically on the system."


-1970's FDA formalized chemical risk assessment- toxological threshold, above and below

Methods of investigating substances

first state concisely everything that is known about the substance to identify potential risks to human health, welfare, and environment. Forensic environmental health scientist will determine mainstream position on chemical

Sources of information on toxicology and environmental impact

ATSDR - Agency for Toxic Substances and Disease Registry


EPA - Environmental Protection Agency


LARC - International Agency for Research on Cancer


WHO - World Health Organization


Biochemical Oxygen Demand

is the amount of dissolved oxygen needed by aerobic organisms in water to break down organic material in water. It is a technique for measuring organic material in water or wastewater

Conclusions to Forensic Environmental Health Science

can be used to answer questions regarding a knowledge that the introduction of a material the environment could pose a threat to human health, welfare, and the environment.

risk assessments

to evaluate the impacts of known residual concentrations of chemicals in soil, surface and ground water, and sediments to human health and environment

target or action levels

level which contaminate levels are determined to be safe to human health and the environment

data collection

risk assessor shall collect all of sufficient quality to withstand reproducibility, validation, analysis, and modeling. The analytical lab must meet regulatory criteria, detection limits- equipment must be able to detect concentrations of chemicals and comply with regulations. Future use of the site determines the depths of samples collected.

data gaps

occurs when a site has not been adequately characterized, there is insufficient data on the site. Can be filled with current data, but that is not necessarily what is being sough after. Can also be extrapolated but are mere assumptions.

Exposure and Risk

future use determines the extent of risk assessment. If no receptors, no risk

Ways Exposure is evaluated

understanding the future use of site, receptors that may be exposed to residual concentration, exposure pathways, and routes of exposure to receptors

How to select receptors for evaluation of risk assessment

Depending on future use. If known, specific to those who will occupy site. If unknown, the receptors selected for risk assessment will be children and adults who will live there for 50-70 years)

How to select exposure pathways

Specific to future use, types of chemicals, depth of chemicals, if in soil/groundwater, and phase of chemical. If industrial, apply working hours per year for 25 years,

Routes of exposure

Ingestion - eating usually garden produce from affected soil


Inhalation - breathing in VOC's from air, dust with chemicals in it, or chemical vapor


Dermal Absorption - skin absorption of chemicals through contact of contaminated soil, water, or sediments

Toxicity

determines whether the chemicals are assessed as carcinogens or noncarcinogens

The chemicals of concern are selected from the body of data representative of the site by comparing the detected chemicals to 4 things (list them)

1. A list of chemicals known to be used, stored, handled, and disposed of at the site


2. Background concentration of the chemicals detected on the site


3. Chemicals known to be human nutrients or minerals


4. The frequency with which the chemicals were detected at the site

Steps of Risk Assessment Process

Data Collection


Model


Receptors


Exposure Pathways


Routes of Exposure


Calculation of Risk

How to calculate risk

EPA and state environmental agencies have guidance material for equations and default values for your unknown variables (need to know future use)

Risk Communication

Based on facilities past reputation. Best strategy is to be in the position where the facility accepts responsibility, apologizes, presents an immediate solution, and vows it will never happen again

The Role of Risk Assessment in Litigation (list the 4)

1. To derive health based cleanup goals


2. Determine the impacts of known residual concentrations of Chemicals of Concern (CoCs) to human health and environment


3. Determine health risks due to exposure of a chemical release or accident


4. To communicate the human health risk to the public

Why use visual in environmental cases?

Helps to connect with judge and jury, helps organize and clarify case. People are visual learners more than listeners. Average juror education is 8th grade. We remember 85% of what we see and 15% of what we hear

Benefits of visualizing the message one hopes to communicate

1. Identification of the strengths and weaknesses of the case


2. Recognition of the areas that need further explanation


3. Refinement of the issues to their most basic, relevant components


What happens when judge bars expert testimony?

1. Client loses the case


2. Client spent money to get an opinion that was never able to be said


3. Client gets pissed and may sue everyone but the judge cause you cant sue the judge


4. Attorney will blame expert and vise versa


5. Both tarnish their reputation


Evidence Admissibility

Environmental Practitioner must revisit evidence admissibility and make sure their experts can testify and try to keep other expert from doing so

Frye General Acceptance Test

Defendant cannot be found guilty unless the scientific principe is generally accepted as true (lie detector)

Federal Rule of Evidence

1975 created new standard for courts to evaluate the admissibility of expert testimony. If scientific knowledge will help jury understand the case and expert can be testified.

Under Daubert the trial court judge must consider two things for a proposed expert testimony

1. Relevance to the issues in the case


2. Reliability of the basis for the testimony

Factors in determining reliability

1. Whether the methodology can be and has been tested


2. Whether the methodology has been subject to peer review or publication (not always needed)


3. Whether the error rates are known


4. The existence of standards controlling its operation


5. Whether the theory has achieved 'general acceptance' in its scientific field

Factors considered by courts

-When an expert depends solely on their experience, court will prob exclude testimony for failure to meet reliability aspect


- Scientific methodology must be followed


- Courts may or may not rely on the Daubert specifics


- Opinions should not be developed solely for testimony


- Expert conclusions based on speculations are insufficient

Expert required to prepart a report containing

- A complete statement of all opinions and why this is their opinion


- The data by which you came to the conclusion


- Any exhibits to be used a summary of opinions


- Qualifications of the witness, publications of the last 10 years


- Compensation being paid to you for study and testimony


- List of other cases where witness had an expert testimony or deposition in the last 4 years

Probative Value vs Danger of Prejudice

expert evidence can be misleading because of its complexity and if it can any way be prejudiced one way it is excluded

Chain of Custody

a party alleges that a document or evidence has been altered or mishandled from its original form

Best Evidence Rule

meant to ensure that judge and jury are presented with best possible evidence (exception are that affirmed copies are correct)

Hearsay

unsubstantiated rumor. Documentary evidence may be challenged as hearsay, any out-of-court statement is inamissible evidence

Daubert

Daubert standard provides a rule of evidence regarding the admissibility of expert witness's testimony. Daubert gives a lot of discretion to trial court

Alternative Dispute Resolutions

Proven to be an effective means of accelerating dispute closure and reducing overall transaction costs in many environmental cases

Modern methods of ADR

- Dispute Review boards


- Facilitation


- Formal fact finding


- Mediation


- Mini-trials


- Arbitration


- Judicial Reference

Dispute Review Boards (Description, applicability, pros and cons)

-Panel of experts to provide recommendations on disputes


- Used in construction environmental projects, could be used in remediation


- Pros: Dispute prevention, nonadversarial, ensures best practices


- Cons: $$$, Project delays, potential opposition between parties

Facilitation (Description, applicability, pros and cons)

- Third party neutral assists participants in nonsubstantive issues related to dispute


- Early on, both parties may benefit from facts found from a neutral


- Pros: $, informal, useful screening for suitability


- Cons: Premature revelations, inadequate documentation and therefore ineffective

Fact finding (Description, applicability, pros and cons)

- Neutral assists parties in developing reliable information


- Provides neutral compilation of relevant case information, independent analysis


- Pros: early warning system for parties to assess suitability of other ADR steps; unbiased technical review of facts


- Cons: May be considered as stealth form of discovery, uncertain costs

Mediation (Description, applicability, pros and cons)

- Mediator facilitates the mutual negotiation of a dispute


- wide range of environmental disputes, required mutual interest in settlement


- Pros: quick, usually cheaper than courts, maintain business relationship


- Cons: $$$, project delays, parties may oppose

Mini trials (Description, applicability, pros and cons)

- Parties present case to third party neutral, similar to court, but mutual agreement


- Used near final stage of dispute prior to litigation when settlement looks promising


- Pros: $$, allows for cross-examination


- Cons: Potential for high cost, non-binding decision

Arbitration (Description, applicability, pros and cons)

- Arbitrator(s) decision provide binding on issues in dispute


- Contractually mandated in some cases; best suited to resolve narrow issues


- Pros: $, can be quick, formal process


- Cons: No justification required of decision, appeals rarely accepted

Judicial Reference

- Private decision make adjudicates proceedings between parties


- Parties must adhere to rules of evidence and civil procedure; last resort option


- Pros: private process, parties select adjudicator, avoids jury and costs


- Cons: costs more than mediation, $$$ if fails

SuperFund

under CERCLA to describe magnitude of costs require to clean US's most contaminated sites, tax supported by petro and chem companies

ADR can solve Superfund related disputes

1. Liability and Costs of remedies


2. Cost allocations between PRPs


3. Cost reimbursement to the EPA


4. Acceptability of cost documentation


5. Consistency of remedy selection with NCP


6. Remedy selection


7. Compliance with consent orders


Factors for selecting appropriate ADR for superfund disputes

1. EPA willingness to litigate


2. Identification of issues appropriate for mediation


3. Timing of the case


4. Assessment of the types of parties involved

Factors for determining if a case should be ADR

1. The ability of a neutral to conduct frank, private discussions that may improve outcome


2. The desire for more complete information exchange outside of an adjudicating setting


3. Numerous parties, such that a structured settlement process would be helpful


4. The unwillingness of each party to take the lead role in ADR process


5. A broad range of issues such that creative solutions may be generated that will lead to win-win situations


The biggest impediment to ADR

the right of public comment and actions of special interest groups

Examples of disputes that ADR has been applied

- Resource allocation


- Rate setting


- Siting of hazardous waste facilities


- Negotiated rule making (endangered species, drinking water standards)


- Siting of flood control dam


- Siting of hydroelectric power facility


- Water rights


- Land management plans


- Natural resource damage disputes

Limitations of ADR

- Public regulatory agencies become less accountable


- Public agencies and other vital interests may be left out or deliberately omitted


- Regulatory standards may be overridden to secure purely local, site specific deals


- Non accountable actors (mediator) gain undue influence


- Powerful interest can impose their will on weaker interests

Forensic Case management (13)

The process whereby the expert ensures that his client has the best available information to make decisions pertaining to technical case issues