June 01, 2013

Adversarial Collaboration: Court-Mandated Collaboration Between Opposing Scientific Experts in Colorado’s Water Courts

Stephen E. Snyder, Daniel Luecke, and John E. Thorson

Justice Stephen Breyer, in his Introduction to the Reference Manual on Scientific Evidence (3d ed. 2011), reminded the legal community that “the importance of scientific accuracy in the decision of [a case in which disputed scientific issues are outcome-determinative] reach[es] well beyond the case itself.” Natural resource and environmental litigation is a prime example of the type of case to which Justice Breyer refers. Natural resource and environmental litigation almost universally involves conflicting scientific claims. How the conflicting science is resolved in those cases may determine what natural resources are developed, how they are developed, and what environmental policies are pursued.

Premium Content For:
  • Environment, Energy, and Resources Section
Join - Now