Legal and technical defensibility of data and the Triad approach

Abstract

The Triad approach was developed primarily to limit decision uncertainty during cleanups at hazardous waste sites. The fundamental principles of the Triad approach include development of a site characterization model and use of emerging technologies, which can provide data at a higher density than could be affordably collected using traditional data collection methodologies, to refine the model in essentially real time. New data formats are used collaboratively with data in traditional formats to iteratively pin down the relative concentration, nature, and extent of contaminants, thus minimizing decision uncertainties. This article examines the potential admissibility as evidence in legal proceedings of data collected by technologies designed to improve the density of information that are commonly used during the course of Triad-type projects. The article explains that such criteria may vary depending on the purpose for which the evidence is to be used (e.g., as direct evidence to prove site conditions or as support for the testimony of an expert witness) and the court in which the legal proceeding would take place (e.g., federal court or state court). Admissibility in federal courts of data both as direct evidence and as support for expert witness testimony is covered. © 2005 Wiley Periodicals, Inc.