Reference Guide to Emerging Technologies to Implement NEPA

Evidentiary Hurdles to Introducing Novel Scientific Information
The complexity of the information flow exposes vulnerability to evidentiary challenges. The use of digital technologies in performing tasks or making decisions that are susceptible to legal dispute presents significant challenges to the courts in understanding how the information was derived, processed and presented, and in weighing the probative value of the information against its potential to confuse. There is tremendous opportunity for technologies to enable more informed, cost-effective decisions, but it is important to recognize evidentiary issues of credibility, authenticity, acceptability that may impede the integration of these technologies into the routine operations performed by public and private environmental stewards.

1. What are the some of the potential evidentiary issues associated with using remote sensing and other digital earth science information in a court of law?

2. How do the Federal Rules of Evidence treat the use of remote sensing information?

3. Survey of Court Cases that Consider Remote Sensing Data as Evidence.

The materials on this Web site were developed by Ken Markowitz as part of a presentation at the ALI-ABA Course of Study: Environmental Impact Assessment: NEPA (National Environmental Policy Act) and Related Requirements, December, 2001, Washington, DC.