Chapter 2 - FOrensic (Legal) Perspectives

Abstract

This chapter discusses the role played by litigation and forensic engineers in finding solutions for environmental problems. The overall positive effect that litigation has on improving the environment cannot be disputed. Laws and regulations often followed the footsteps of litigation, and where laws and regulations preceded litigation, often only enforcement came about as a result of litigation. The goal of a pollution free environment can only be achieved by the implementation of technology across the board. However, the guarantee that available state-of-the-art technology is used, and that further technological advances are made, often requires a “forcing function” where the forcing function is often litigation, laws, and enforcement, and still more litigation. Often, engineers, with technical solutions in hand, delay implementation of new technologies until either litigation or legislation forces implementation, and a major excuse cited for preventing the implementation of available advanced technology is “lack of funding.” However, when the litigation is over or when laws are enacted, the “money issue” somehow becomes resolved.