Expert ecology: How to write scientific literature to be most effective in the courtroom

Background/Question/Methods

The migration of scientific knowledge from the literature into public policy via the judiciary has the potential to create profound changes to ecosystems in the United States and around the world.  For example, the US Supreme Court decision that wetlands are “Waters of the United States,” led to the protection of millions of acres of wetlands, which has national and global ecological consequences.  This presentation discusses aspects of being an expert witness in environmental lawsuits and/or for permit comments, selected scientific policy-making pathways, and the specific ways certain information can help, if included in the original literature.  Researchers and journal publishers can do their part in preserving ecosystems by including language in the peer-reviewed articles that can easily be correlated to existing policy by ecological experts on court cases.  “Chick mortalities tended to occur in proximity to oil and gas developments” (Ecological Applications, Vol. 17, No. 2 (Mar. 2007), pp. 508-526) is an example of a simple statement that can have a large effect when quoted in testimony.  Other effective elements such as quotes from articles, unit conversions, maps, graphs, and data presentation formats are discussed, as well as information for introductions and conclusions.

Results/Conclusions

Out of six cases, five were won, four of those based on sound science.  The results of quoting peer-reviewed ecological literature are profound.  In Oregon, two rare kolk pond wetlands were saved, a gravel mine was stopped, and a rifle range was forced to clean up lead pollution.  In Washington, BNSF Railway Co. was made to clean up toxic pollution, the US Forest Service pulled a 30-hole drill permit in a roadless area near Mt. St. Helen’s, and a coal export terminal was opposed.  Based on these experiences, ecological scientific expertise can be effective at producing leverage in the judicial process.  Beyond the courtroom, responding to permit requests, and EIS scoping and drafts by quoting and summarizing well-crafted scientific literature gives agencies a tool to deny or revoke permits for ecologically destructive projects.  By writing current research that can more easily transfer into policy, ecologists can sow the seeds for implementing real-world solutions to preserve our ecosystems.