Posts Tagged ‘Expert’

Water Industry Network HC : In recent years, under the guidance of scientific concept of development, China’s water pollution prevention and control has been gradually strengthened, and in advancing the construction of key pollution control projects, more attention watershed pollution control management system and operational mechanism of the improved focus on administrative, economic, legal and the integrated use of engineering techniques and coordination. Beginning in 2007, the country began to pollution reduction, “double down” trend, focusing on water pollution prevention and control have made new progress, institutional mechanisms, the role of water pollution treatment in progressive highlights. As China’s industrialization and urbanization phase of rapid development, water pollution prevention goals and changing mode of economic development, construction, resource conservation and Environment Friendly society, there is considerable demand gap, especially in some long-standing institutional barriers and mechanisms and the issues that must be resolved to accelerate the establishment and the socialist market economic system to adapt to the water pollution control systems and mechanisms and tasks challenge of great significance.

1, the current institutional mechanisms for water pollution prevention and control of several major problems exist

Present, there are many water pollution control issues, policies and regulations are not perfect, insufficient capital investment, lack of public participation, technical support system is weak and so on, but the most fundamental problem is the management system is not fully rationalized , the operating mechanism is not enough coordination, especially in the following areas:

(A) The department coordinated the problem is not solved, the effective functioning of a unified comprehensive mechanism has been formed

Water pollution prevention and control is a typical multi-sectoral issues, the existing institutional framework for water pollution management, there Environmental protection , Water Resources, Development and Reform Commission, the construction of a number of departments involved, the main environmental protection departments. Multisectoral collaboration is not the source of the problem itself, the current problem is mainly the role of environmental protection is not given full play, department conflict, in particular environmental protection departments and water departments in the areas of lack of water pollution prevention is more effective collaboration has become water pollution control administration is facing one of the main system. Water and environmental conflicts in the watershed management departments have concentrated expression, involving planning, water quality monitoring, institutions, water allocation and total pollutant control, management and supervision of transboundary pollution, water pollution and other aspects of dispute mediation. In the river basin management, the obvious contradiction between the dual management system, such as the seven river basin management institutions are set up Water Resources Protection Bureau, Ministry of Water Resources and the State to accept nominal the dual leadership of the Ministry of Environmental Protection, Ministry of Water Resources sent a fact that the nature of institutions This restricts the basin agency’s role in water pollution control. From the part of the watershed management practices, the existing sectoral coordination difficult than regional coordination difficult. Huai River pollution control practice ten years shows that the two departments of environmental protection and water co-led leadership group name only, is the “Decade of the Huaihe River pollution control,” the important system ineffective one of the reasons.

(B) of the central and local powers and responsibilities of the pollution control division and the regulatory mechanisms are not perfect

In the central and local management on the relationship between water pollution control, management at different levels in China, namely, as a unit of administrative division, the regional environmental authorities bear the main responsibility for water pollution control, and superior environmental protection department of the local Environmental Protection Bureau Only the right guidance. As the local environmental protection departments of local government functions, causing it to easily become a tool for local interests, whether the data monitoring, pollution control, or approval of the construction project must be local, while the higher-level environmental protection departments of supervision can not exceed the local Government authority, such as state environmental authorities were ordered to close down the business but for the local government for asylum. SEPA’s monitoring of local environmental management there is no power to break local protectionism. GDP at current to the core of performance evaluation under the baton of economic development as local governments often give priority on the development and promulgation of the State Council’s environmental policy is difficult to put in place. The past two years, the State Environmental Protection Administration has increased the local regulatory efforts, have launched a “regional restrictions” and “river basins” and strong administrative punishment. But in the long term, need to establish trans-boundary river basin water quality control responsibility and total pollutant discharge accountability to the central place of the standard incentive clear, open, fair and local water pollution control is expected to provide a stable and long-term incentives.

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In the 1993 Supreme Court case “Daubert v. Merrill Dow Pharmaceuticals,” Justice Blackmun said for the unanimous court that an expert’s testimony has to rest on a reliable foundation and has to be relevant to the task at hand. He brought up the key consideration about whether the theory or technique used can be or has been tested and subjected to ‘peer review’ and publication.
Expert witnesses have seen their work rejected and their testimony excluded when they haven’t attended to Daubert standards of peer review.
Identify another specialist in your field that the court can treat as a peer. So if you are a biomedical engineer, another biomedical engineer would be a peer, and so on. Your attorney can retain this person to review your work, specifically your expert report. A peer reviewer would provide his own report of findings regarding the subject matter of your expert report. Yes, this may sound like double work, but an increasingly appropriate and valuable extra step. If another expert independently verifies the validity of your work, it will help to ensure the legal admissibility of that work. In addition, this extra step can bring extra credibility to your work. This will further support the relevancy and reliability of your work, opinion, and testimony.
The peer reviewer should submit his report directly to the law firm that engaged both of you. By and large, your attorney will submit your expert report, along with the peer reviewer’s report and a CV describing the peer reviewer’s background, training, and skills. You should not have any contact with the peer reviewer after the law firm retains him and before he submits his report back to them. Keep the points of this paragraph in mind because, from time to time, you may be hired in a case as a peer reviewer rather than as an expert witness.
Sometimes a peer review is called a third-party review, because the other party may not be a precise peer, but may still be a specialist in a related field of expertise. You should use such a third-party reviewer if part of your testimony includes information that is close to, but not specifically part of, your primary experience.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. In 2010, his book “Expert Witness Training” was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com