Electromagnetic field litigation
- Univ. of Tennessee, Knoxville, TN (United States)
- Oak Ridge National Lab., TN (United States). Health and Safety Research Division
Scientific research has been unable to resolve satisfactorily the question whether potential biological effects, especially carcinogenicity, may be associated with exposure of humans to the electromagnetic fields (EMFs) from high-voltage transmission lines. It may be years before the necessary human, laboratory, and basic research produce the evidence needed for professional consensus on this environmental issue. But as the scientific debate and human exposure continue, public concern is being expressed in administrative and judicial proceedings. During the past decade, the public perceptions of risk from nonionizing radiation of electromagnetic fields has been a factor introduced in local, state, and federal hearings; administrative proceedings; and court litigation. The focus of this review is to highlight public concern by examining the pattern of litigation in which bioeffects were alleged to be associated with transmission (power) lines. In this regard, the courts have split widely on the probative value and admissibility of scientifically based testimony to support compensation claims. Condemnation cases involving appellate court review, selected trial-level cases, and the emergence of tort claims are described. The use of tort claims imposes a substantial burden of proof on the plaintiff to demonstrate a cause-effect relationship between EMF exposure and disease. Finally, risk communication and public policy are discussed.
- DOE Contract Number:
- AC05-84OR21400
- OSTI ID:
- 7050988
- Journal Information:
- Environmental Professional; (United States), Vol. 15:3; ISSN 0191-5398
- Country of Publication:
- United States
- Language:
- English
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