As Chief Judge Richard Posner famously recognized, “[t]he courtroom is not the place for scientific guesswork, even of the inspired sort. Law lags science; it does not lead it.” Rosen v. Ciba-Geigy Corp., 78 F.3d 316, 319 (7th Cir. 1996). This oft-cited maxim is particularly applicable in litigation involving hydraulic fracturing, or “fracking,” and in determining whether these operations pose health risks to people living in communities near well sites.
Scientists and researchers are paying close attention to this issue — indeed, no fewer than 16 studies have been published in the peer-reviewed literature, many in the past year alone. Given the high emotion and evident special interests on all sides of this issue, it is especially important that courts follow Posner’s maxim and hold true to long-established principles of causation when analyzing hydraulic-fracturing cases.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
