A Paradox of Power: Voices of Warning and Reason in the Geosciences

The 13 papers in this volume illustrate issues and opportunities confronting geologists as they bring their knowledge and understanding to bear in matters related to public health and welfare. Public decisions and decision-making processes in the face of geologic complexity and uncertainty are the subject of the first group of papers. In the second group, several “voice of warning” papers illustrate the use of geologic knowledge and research to warn the public of health hazards derived from geologic materials and processes. A third group of papers, in the “voice of reason” section, describes use of geologic knowledge to help lower the costs of mitigation and avoidance of geologic hazards. Finally, ethical and philosophical questions confronting geoscientists are discussed and issues of “truth” as related to the legal process and questions about the adequacy of information in making decisions about long-term radioactive waste disposal are discussed.
Glacial geology, law, and the Love Canal trial
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Published:January 01, 1998
Abstract
When scientists and lawyers meet in the litigation arena their backgrounds and perspectives set them apart. Each has different expectations of the process and criteria by which the court searches for truth. In the Love Canal trial, the worlds of the scientist and lawyer came together as data and expert opinions from soil scientists, hydrol-ogists, engineers, and geologists were integrated to develop an understanding of the migration of contaminants away from the site. Issues related to the age and genesis of the fractured clay that forms the walls of the Love Canal landfill were important to the State of New York in proving that the chemical company, which disposed of the chemicals in the canal, was liable for the migration of dense nonaqueous phase liquids (DNAPLs) through the fractures to the surrounding properties. In particular, it was important to know whether the fractures were formed only as the result of recent excavations for sewers and homes in the 1960s and 1970s, or whether the fractures were present at the site when the chemical company was disposing of chemical wastes in the canal in the 1940s and 1950s. It was concluded that these fractures have been present for at least hundreds of years, and probably were formed during the mid-Holocene. The level of confidence in these conclusions differed between the scientist and lawyer, and those differences had to be reconciled through trial preparation.
- chemical waste
- clastic sediments
- clay
- contaminant plumes
- dense nonaqueous phase liquids
- environmental analysis
- fractures
- glacial environment
- industrial waste
- landfills
- New York
- Niagara County New York
- nonaqueous phase liquids
- pollution
- sediments
- transport
- United States
- Love Canal
- scientists
- trials
- lawyers