By Gregory A. Bibler and Paul E. Nemser, P.C.
Expert testimony inevitably plays a central, sometimes decisive, role in the outcome of environmental cases. Experts typically testify about such issues as source identification, travel time, direction and extent of migration, potential pathways and duration of exposure, relative contributions of multiple overlapping sources of contamination and/or exposure, and effects of exposure on human health.
Use of computer software to create models to explain and predict the behavior and effects of chemicals at a specific site is now commonplace, particularly in the fields of hydrogeology and toxicology. Admissibility of expert opinions based on computer models therefore has received much recent attention from federal courts.
