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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 11:01:39 AM
Metadata
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Template:
UCREFRP
UCREFRP Catalog Number
7623
Author
Lamb, B. L. and D. A. Sweetman.
Title
Guidelines for Preparing Expert Testimony in Water Management Decisions Related to Instream Flow Issues.
USFW Year
1979.
USFW - Doc Type
Instream Flow Information Paper No. 1, Revised,
Copyright Material
NO
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Q. Well, could you try -- how many days? <br />A. With considerable frequency. It is not un- <br />common. Several times a year, at the approrpiate <br />seasons; sometimes a couple of times a week it's <br />happened. <br />Q. Would you identify that for the record and <br />tell me what you see, whether you recognize that? <br />(indicating) <br />A. Yes, I recognize it. It is a publication, <br />1969, by the Iowa Academy of Sciences, entitled <br />"Water Resources of Iowa." <br />Q. Now I direct your attention to figure 8, done <br />in exactly the same method. I understand this <br />figure, Doctor, and I ask you to correct me if I am <br />incorrect, we can expect a four-inch rainfall in a <br />24-hour period once in five years; is that correct? <br />A. Yes sir. <br />Q. Thank you. <br />The second example of a witness leaving his area of knowledge was <br />probably the fault of his lawyers, who assisted in the drafting of an overly <br />broad written statement. The witness was attempting to rebut an EPA position <br />in the Aldrin/Dieldrin hearings that much if not most of the residues of these <br />pesticides come from agricultural runoff rather than point sources. The Shell <br />Chemical Company was attempting to show that sloppy handling by formulation <br />and fertilizer blenders was the cause of the pollution. (If this were so, the <br />argument goes, EPA could reduce pollution measurably by enforcement actions <br />against certain plants and would not need to ban the pesticide. Another more <br />immediate purpose was to throw doubt upon the EPA studies showing high <br />residues in those agricultural areas in which Aldrin is used.) A company <br />chemist was put in the uncomfortable position set forth below (Rogers <br />1974:19-21): <br />Q. Are any of your publications related to the <br />material you talk about in your statement? <br />A. No. <br />Q. So to shorten this up you have never published <br />in the fields of -- stop me if you have, I am just <br />going to read a list, aquatic toxicology, kinetics <br />of Aldrin/Dieldrin degradation, the absorption of <br />Aldrin/Dieldrin to soil particles, erosion <br />problems, the fate and effect of Aldrin/Dieldrin in <br />fresh water moving stream environment, or the <br />19
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