E.F.A. I
Environmental Forensics
Definitions: Environmental forensics is defined as the systematic and scientific evaluation of physical, chemical
and historical information for the purpose of developing defensible scientific and legal conclusions regarding the
source or age of a contaminant release into the environment.
Historical Perspective: Environmental forensics evolved in the 1980s as a result of the potential liability (as
defined by laws in the United States) of parties who allegedly released a contaminant into the environment. Since
this time, other countries, such as those in the European Union, have enacted similar laws requiring the same
environmental tools provided by environmental forensics.
Applications: Applications of environmental forensic techniques include their use for identifying the
responsibility for areas of known contamination, to allocate responsibility for remediation in areas of mixed waste
streams from multiple parties, identification of historical property owners responsible for a contaminant release,
developing the probability that chemical exposure caused manifest or latent injuries, distinguishing between
anthropogenic and anthropomorphic contaminants, and for marine oil pollution, determining the spill source.
Forensic Techniques in Environmental Litigation
When evaluating the merits of performing non-intrusive forensic analysis (e.g., contaminant transport modeling or
aerial photo-interpretation) and/or intrusive sampling and testing, three questions should be considered:
1. Does the analysis or testing advance the understanding of the technical aspects of the case?
2. Can the test results be damaging to your client?
3. Is the testing cost effective relative to the allegations in the case?
When answering the third question, be aware that many forensic techniques, especially specialty analytical testing,
are marketed and monopolized by a small number of companies. These firms, therefore, have a proprietary
interest in their use.
The following recommendations are offered for consideration when examining the applicability of forensic
techniques:
1 Forensic Techniques Used in Environmental Litigations | Environmental
Forensic Analysis I
Environmental Forensics
Definitions: Environmental forensics is defined as the systematic and scientific evaluation of physical, chemical
and historical information for the purpose of developing defensible scientific and legal conclusions regarding the
source or age of a contaminant release into the environment.
Historical Perspective: Environmental forensics evolved in the 1980s as a result of the potential liability (as
defined by laws in the United States) of parties who allegedly released a contaminant into the environment. Since
this time, other countries, such as those in the European Union, have enacted similar laws requiring the same
environmental tools provided by environmental forensics.
Applications: Applications of environmental forensic techniques include their use for identifying the
responsibility for areas of known contamination, to allocate responsibility for remediation in areas of mixed waste
streams from multiple parties, identification of historical property owners responsible for a contaminant release,
developing the probability that chemical exposure caused manifest or latent injuries, distinguishing between
anthropogenic and anthropomorphic contaminants, and for marine oil pollution, determining the spill source.
Forensic Techniques in Environmental Litigation
When evaluating the merits of performing non-intrusive forensic analysis (e.g., contaminant transport modeling or
aerial photo-interpretation) and/or intrusive sampling and testing, three questions should be considered:
1. Does the analysis or testing advance the understanding of the technical aspects of the case?
2. Can the test results be damaging to your client?
3. Is the testing cost effective relative to the allegations in the case?
When answering the third question, be aware that many forensic techniques, especially specialty analytical testing,
are marketed and monopolized by a small number of companies. These firms, therefore, have a proprietary
interest in their use.
The following recommendations are offered for consideration when examining the applicability of forensic
techniques:
1 Forensic Techniques Used in Environmental Litigations | Environmental
Forensic Analysis I
