2005 Salt Lake City Annual Meeting (October 16–19, 2005)

Paper No. 9
Presentation Time: 10:45 AM

FARMERSVILLE LANDFILL SAGA: GEOSCIENCE AND THE LAW


BERGSLIEN, Elisa, Earth Sciences and Science Education, Buffalo State College, 1300 Elmwood Ave, 271 Science Building, Buffalo, NY 14222, bergslet@buffalostate.edu

For the past fifteen years the small town of Farmersville in Western New York has been the site of a protracted battle of over the issue of landfill placement. In 1989, IWS purchased acres of land for the purpose of constructing a landfill big enough to handle the waste stream of New York City. Unsurprisingly, the area's citizens were, and are, extremely resistant to the idea of a replacement for Fresh Kills being built in their backyard. Beyond the NIMBY reaction, however, there are several excellent geologic and engineering reasons for intense scrutiny of the project. Thus the battle-lines were drawn, and the early 1990's saw the beginning of a permit application/public hearing process that is still underway today. This is the type of situation where geoscience can be of direct service to society, and also one for which many geoscientists are unprepared.

It can come as quite a surprise to an academic scientist the first time they are asked participate in the legal process as an expert witness. Obtaining unbiased background information can prove difficult. Facts that are of the most scientific concern may not be of legal relevance. As the process advances, questions arise that move further and further from your knowledge base, and clarifying the difference between your area of expertise and other related areas can prove difficult. Legal definitions of scientific concepts are sometimes counterintuitive or even bizarre. Random, tight deadlines combined with massive, jargon-laden legal records, impede careful consideration of issues. Scientists mostly work in impersonal terms, while legal cases can be a form of high drama, turning the usually equitable process of scientific discovery adversarial. It is this last aspect that can be the most disturbing, especially if one's integrity comes under assault, or one's words get twisted.

Sadly, this means that even the most ardent proponents of scientific public service can come away from the process jaded and unwilling to participate again. More effort should go into preparing future geoscientists for potential roles in public service, including public speaking or expert witnessing. Scientists who have familiarity with such roles should have more venues to share their experience. It is through such public service that our scientific disciplines gain public understanding and support.