Earth observation satellite technology is not a junk science, and this Comment tells the litigator how to use the data properly to ensure successful acceptance as evidence. Prudence is essential in the application of satellite data, and the legal practitioner must keep an eye toward several areas of concern including reliability of the particular data set, characteristics of the data, and costs. Remote sensing data are desired as both scientific and demonstrative evidence. The litigator must have the expert prepared to address concerns of the opponent and the court. The call has been made to bring the legal community into the planning process for identification of user requirements, as has occurred in other satellite data user communities. This Comment explains some of the reasons satellite data have not had a major entry as evidence in the courtroom, mainly success of the satellite imagery in pre-trial settlement actions and unfamiliarity with the satellite data technology. Following the practical guidelines presented in this Comment will facilitate the practitioner in the appropriate and successful use of satellite data, a technology that is ripe for litigation application.
Recommended CitationSharon Hatch Hodge, Satellite Data and Environmental Law: Technology Ripe for Litigation Application, 14 Pace Envtl. L. Rev. 691 (1997)
Available at: http://digitalcommons.pace.edu/pelr/vol14/iss2/8