THE ROLE OF THE TECHNOLOGICAL EXPERT IN COMPLEX ENVIRONMENTAL LITIGATION

Authors

  • R J ROBERTS
  • J L SULLIVAN

Abstract

Premised on the potential for a rapid increase in environmental litigation should certain industries continue to be threatened, the authors observe that all parties to this litigation, whether seeking to uphold legislation or defend particular practices, will need expert witnesses to provide evidence. After discussing the historical approach to pollution and legislative developments accompanying growing awareness of environmental damage, the article discusses the gathering and use of scientific evidence in environmental lawsuits. It focuses on the following issues: who can qualify as a technical expert, how to identify a suitable expert, delineating the field of expertise, factors limiting one’s choice of witness, the functions of the technical expert, and the nature of the testimony.

Keywords:

Environmental Control, Evidence, Science and Technology

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Published

1976-03-01

Issue

Section

Legal Commentary