Expert Witnesses and Environmental Ldtigation

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.     

Maintenance Guidelines

As utility use of flue gas desulfurization (FGD) technology has increased, so has an awareness of the importance of maintenance to system economy and availability. These guidelines provide a comprehensive source of information on overall FGD system maintenance.     

Guidelines for copper in sediments with varying properties

A major weakness of sediment quality guidelines (SQGs) is their poor ability to predict how toxicity thresholds change for different sediment types. Using species sensitivity distributions (SSDs) of copper effects data, new guidelines were derived for copper in non-sulfidic marine sediments in which organic carbon (OC) and particle size strongly influence copper bioavailability. The derived SQGs varied in a predictable manner with changes in sediment particle size and organic carbon (OC), and were shown to offer a significant improvement on the existing ‘single value’ SQG. Adequate protection for all benthic organisms is expected to be achieved for a OC-normalised copper concentration of 3.5 mg Cu g⁻¹ OC in the <63 μm sediment fraction. For short-term exposures, the equivalent acute guideline is 11 mg < 63 μm Cu g⁻¹ OC. The new SQGs incorporate a high degree of conservatism owing to the use of copper-spiked sediments and laboratory-based bioassays that were expected to result in greater metal exposure of organisms to bioavailable copper than would be expected for field-contaminated sediments with similar total copper concentrations. SQGs that vary with sediment properties were prepared in an easily referenced tabular format.     

Guidelines for selection and application of fate and exposure models

Guidelines for selection and application of fate and exposure models were developed as an instrument for the user to detect the most appropriate model for his/her special problem. Criteria for evaluating the quality and performance of implemented computer programmes and the underlying theory were defined. A model data bank for exposure models was developed which involves selection and quality characteristics; it was tested with ten randomly selected exposure models.     

Overview of Proposed Air Emission Standards and Guidelines for Municipal Waste Combustors

The EPA proposed regulations for municipal waste combustors (MWCs) on December 20, 1989. The regulations include (1) performance standards under Section lll(b) of the Clean Air Act (CAA) for new, modified, or reconstructed MWCs and (2) draft emission guidelines and compliance schedules for the states to use to develop control requirements from existing MWCs under Section 111(d).

This paper will outline the proposed air emission standards and guidelines, as well as the basis for the prescribed emission limits. The schedule for the remainder of the regulations development will also be discussed.     

Using Various Guidelines and Approaches for the Assessment of Marine Sediment Quality

The aim of the present study is to explore the implications of using different quality guidelines and approaches for marine sediment characterization. As a case study, the sediments of Souda Port, Crete, Greece, were examined in order to assess heavy metal contamination and to estimate anthropogenic contribution and potential adverse effects to aquatic environment, as well as to indicate feasible future management options. The concentration of six heavy metals (Co, Cr, Cu, Ni, Pb, and Zn) was determined and compared with different sediment quality guidelines (SQGs) and regional/national criteria established for dredged material characterization and management. In addition, the geo-accumulation index (I_geo) was calculated and the sediments toxicity and heavy metals bioavailability were determined. Based on the experimental data, it is deduced that Souda sediments are characterized as moderately polluted only in terms of Co, Ni, and Pb.     

Guidelines in Application of Explosion Vents

This paper is one of those presented at the APCA Specialty Conference entitled “The User and Fabric Filtration Equipment—III”, held in October 1978 in Niagara Falls, New York. It presents guidelines for the application of vents for explosion protection in fabric filter systems. Detailed design procedures will soon be available in the new edition of National Fire Prevention Association Code 68 on explosion venting.     

Guidelines and Resources for Conducting an Environmental Crime Investigation in the United States

Common environmental crimes in the United States include the illegal disposal of hazardous waste, unpermitted discharges to sewer systems or surface water, discharge of oil by vessels to waters within United States jurisdiction, the misapplication of pesticides, the illegal importation of ozone-depleting substances, data falsification, and laboratory fraud. Federal, state, and sometimes local statutes and regulations are in place to protect the water, air, land, and human health. From a federal perspective, these include the Resource Conservation and Recovery Act (RCRA) for hazardous wastes, the Toxic Substances Control Act (TSCA) for toxic substances, the Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for abandoned waste sites, and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticides. Each of these laws contains some standard methods for sampling and analyses to prove environmental crimes. The Code of Federal Regulations (CFR) contains the specific requirements of the laws. Within the United States Environmental Protection Agency (USEPA), the Criminal Investigation Division (CID) of the Office of Criminal Enforcement, Forensics and Training (OCEFT) has the responsibility to investigate criminal offenses.Criminal offenses are more serious in nature than civil violations in the United States. To successfully prosecute an environmental criminal case, the government has to prove, beyond a reasonable doubt, that a corporation or person knowingly violated an environmental statute containing criminal sanctions. The same environmental forensic techniques used to provide scientifically defensible data prevail in both civil and criminal cases; the only distinction between the two types of cases is legal.     

A Systematic Review of Systematic Reviews and Meta-Analyses of Animal Experiments with Guidelines for Reporting

To maximize the findings of animal experiments to inform likely health effects in humans, a thorough review and evaluation of the animal evidence is required. Systematic reviews and, where appropriate, meta-analyses have great potential in facilitating such an evaluation, making efficient use of the animal evidence while minimizing possible sources of bias. The extent to which systematic review and meta-analysis methods have been applied to evaluate animal experiments to inform human health is unknown. Using systematic review methods, we examine the extent and quality of systematic reviews and meta-analyses of in vivo animal experiments carried out to inform human health. We identified 103 articles meeting the inclusion criteria: 57 reported a systematic review, 29 a systematic review and a meta-analysis, and 17 reported a meta-analysis only. The use of these methods to evaluate animal evidence has increased over time. Although the reporting of systematic reviews is of adequate quality, the reporting of meta-analyses is poor. The inadequate reporting of meta-analyses observed here leads to questions on whether the most appropriate methods were used to maximize the use of the animal evidence to inform policy or decision-making. We recommend that guidelines proposed here be used to help improve the reporting of systematic reviews and meta-analyses of animal experiments. Further consideration of the use and methodological quality and reporting of such studies is needed.     

Smallholder Farms as Stepping Stone Corridors for Crop-Raiding Elephant in Northern Tanzania: Integration of Bayesian Expert System and Network Simulator

Crop-raiding elephants affect local livelihoods, undermining conservation efforts. Yet, crop-raiding patterns are poorly understood, making prediction and protection difficult. We hypothesized that raiding elephants use corridors between daytime refuges and farmland. Elephant counts, crop-raiding records, household surveys, Bayesian expert system, and least-cost path simulation were used to predict four alternative categories of daily corridors: (1) footpaths, (2) dry river beds, (3) stepping stones along scattered small farms, and (4) trajectories of shortest distance to refuges. The corridor alignments were compared in terms of their minimum cumulative resistance to elephant movement and related to crop-raiding zones quantified by a kernel density function. The “stepping stone” corridors predicted the crop-raiding patterns. Elephant presence was confirmed along these corridors, demonstrating that small farms located between refuges and contiguous farmland increase habitat connectivity for elephant. Our analysis successfully predicted elephant occurrence in farmland where daytime counts failed to detect nocturnal presence. These results have conservation management implications.     

Accuracy and Precision of Home Radon Monitoring and the Effectiveness of EPA Monitoring Guidelines

EPA has provided guidelines to homeowners for monitoring and mitigating radon in the home. The effectiveness of these guidelines is dependent, in part, on the accuracy and precision of monitoring methods. This paper proposes a model for radon monitoring accuracy and precision based upon a review of the monitoring literature. The model is then used to quantify the extent of potential misclassification of homes by radon level from the application of EPA guidelines.

Short-term monitoring performed in the basement during winter produced conservative (higher than actual) radon estimates, on average. For homes with annual concentrations of 4 pCi/L, approximately 30 percent will still have short-term results under 4 pCi/L. Underestimation of radon levels is cut by 50 percent or more by the use of monitors on first floor and basement (confirmatory monitoring) as opposed to monitoring the basement alone (screening monitoring). However, following the screening/confirmatory monitoring sequence suggested by EPA increases underestimation at radon levels under 8 pCi/L. The model was found to be sensitive to a number of the assumptions made, and specific follow-up studies are suggested.     

Intertidal Zone Management in the Western Indian Ocean: Assessing Current Status and Future Possibilities Using Expert Opinions

This expert opinion study examined the current status of the intertidal zone in the Western Indian Ocean (WIO) and ranked and discussed future management approaches. Information was gathered from scientists, practitioners, and managers active in the WIO region through a questionnaire and a workshop. The experts stated that the productive intertidal environment is highly valuable for reasons such as recreation, erosion protection, and provision of edible invertebrates and fish. Several anthropogenic pressures were identified, including pollution, harbor activities, overexploitation, and climate change. The experts considered the WIO intertidal zone as generally understudied, undermanaged, and with poor or no monitoring. The most important management strategies according to the expert opinions are to develop and involve local people in integrated coastal zone management (ICZM), to increase knowledge on species–environment relationships, and to develop awareness campaigns and education programs. To improve coastal environmental management and conservation, we argue that the intertidal zone should be treated as one organizational management unit within the larger framework of ICZM.

Electronic supplementary material

The online version of this article (doi:10.1007/s13280-013-0465-8) contains supplementary material, which is available to authorized users.     

Guidelines for routine mercury speciation analysis in seafood by gas chromatography coupled to a home-modified AFS detector. Application to the Andalusian coast (south Spain)

A home-modified atomic fluorescence detector (mAFS) has been employed for mercury and methylmercury determination in bivalves from the Andalusian coast (south Spain). This modification consists on the inclusion of a quartz flow cell into the detector, which increases the concentration of mercury atoms in the detector and therefore enhances sensitivity about two fold. Two analytical approaches for mercury speciation based on the coupling of gas chromatography on-line pyrolysis and mAFS (GC-Pyro-mAFS) have been tested. The first approach (Method 1) is based on aqueous ethylation followed by extraction into an organic solvent, and the second one (Method 2) in the extraction of monoalkylated mercury as chloride. Method 1 is a rapid procedure but not sensitive enough for the analysis of methylmercury in non-polluted sites (detection limit: 20 ng g(-1) as mercury, wet basis). The second one is quite more sensitive (detection limit: 0.2 ng g(-1), wet weight), but sample treatment is cumbersome and time-consuming. The optimum range for mercury determination for both methods are complementary and exhibit an overlapping measurable concentration range (OMCR) in which methylmercury can be indistinctly determined (75-100 ng g(-1) as mercury, wet basis). The suitability of both methods has been assayed with spiking experiences at levels within the OMCR with good recoveries. Both approaches have been validated with two certified reference materials (BCR-463, mercury and methylmercury in tuna fish; and NIST-2977, organic contaminants and trace metals in mussel tissue). Both procedures have been used for the analysis of three species of bivalve molluscs collected along the Andalusian coast (south Spain), all of them employed for human consumption (Chamelea gallina, Donax trunculus and Scrobicularia plana), and their potential use in routine analysis has been established.     

An air quality data analysis system for interrelating effects, standards, and needed source reductions: Part 13--Applying the EPA Proposed Guidelines for Carcinogen Risk Assessment to a set of asbestos lung cancer mortality data

The Clean Air Act Amendments of 1990 (CAAA-90) list 189 hazardous air pollutants (HAPs) for which "safe" ambient concentrations are to be determined. The primary purpose of this paper is to develop two mathematical models, lognormal and logarithmic, that effectively express excess lung cancer mortality as a function of asbestos concentration for an example set of data and also to suggest using these two models for additional HAPs. The secondary purpose of this paper is to calculate a "safe" asbestos concentration by first assuming a default linear extrapolation (to one excess death per million people, as specified for carcinogenic HAPs). The resulting "safe" concentration is an impossible-to-achieve 1/1000 of present background asbestos concentrations. A letter to the editor and a response in this Journal issue use additional asbestos data that suggest that the "safe" concentration should be about 730 times higher than first calculated here and that a default nonlinear extrapolation should be used instead, with the "safe" concentration proportional to the desired mortality level raised to the 0.39 power. These results suggest that the most important problem in setting a "safe" concentration for each carcinogenic HAP is to determine the correct nonlinear extrapolation to use for each HAP.