The role of geomorphology in environmental litigation: Insights from an East Texas case.

This paper illustrates the scope and contribution that the discipline of geomorphology can offer in environmental litigation. The case in question was filed by two plaintiffs who contended that the construction of a storage facility on an adjacent property had caused significant disturbance of the topsoil, and that runoff from the impermeable surfaces (e.g., roofs, driveways) had exacerbated the problem by eroding and transporting soil and fill material from the facility directly into three ponds owned by them. They sued for $1.6 million to cover dredging, restoration of the ponds, and disposal of the sediment. Utilizing a range of geomorphological techniques, I was able to determine the most likely source area(s) of eroded sediment within the basin and quantify the extent to which the defendant's property contributed runoff and sediment to the ponds. The lawsuit was dismissed before ever going to trial. In the paper, I discuss the steps involved in the process of being an expert witness and also share some of the advice I have received from attorneys with whom I have worked. I emphasize the importance of setting any case study within a larger spatial context and encourage my fellow geomorphologists to become involved as experts in litigation because, in most instances, we can contribute to an appropriate outcome. [ABSTRACT FROM AUTHOR]