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The Data User’s Guide to Producing Legally Defensible Environmental Data
Oral Presentation
Prepared by C. Hiegel
Trihydro Corporation, 1252 Commerce Dr., Laramie, Wyoming, 82072
Contact Information: chiegel@trihydro.com; 307-745-7474
ABSTRACT
Key Words: Data Validation, Data Defensibility, Data Quality, Environmental Data, Legally Defensible Data
Frequently, planning for defensible data that may be used in litigation is not the first element that is considered when organizing for a project sampling or data collection event. However, when the data are in error, the defensibility of the data becomes the most important aspect of the project as the opposing council work to discredit the data. Data defensibility, like safety, should not be left to luck.
Devoting significant time to plan and prepare for a complex project can be daunting and when regulatory requirements do not require specific planning documents, determining what is really important can be difficult. In addition, each project, state, and client has different requirements for planning for defensible data. Budget considerations do not always allow for development of Sampling and Analysis Plans (SAPs), Quality Assurance Project Plans (QAPPs), Data Management Plans (DMPs), Standard Operating Procedures (SOPs), and other plans. The following steps will be discussed in determining to help determine what is really important when producing defensible data:
DEFINE DEFENSIBILITY: The first step in planning for legally defensible data is determining how the success of the project will be defined.
PLANNING: Once the goals of the project are defined, the second step is to choose what tools the project will need to be successful.
PREPARATION: When the planning is complete, the preparations of the tools that will be used to measure the defensibility are initiated. The most important aspect of planning will be effectively communicating to the laboratory, managers, and sample crew what is required for the success of the project.
EXECUTE: Execution of the project should result in the samples being collected in accordance with the planning documents; chain-of-custody should be properly maintained; and the laboratory should analyze the data in accordance with the methods.
REVIEW: The review process ensures that the project planning and execution was effective.
MANAGE: Finally, once the data are reviewed and approved or rejected, the data should be maintained with any data validation qualifiers, laboratory data qualifiers, and notes.
Due to the increased awareness of environmental risk factors affecting human and ecological receptors, the quality of the procedures involved in the defining, planning, preparation, execution, review, and management of data is under heavier scrutiny than ever before. Therefore, the goal of this user’s guide is to provide guidance in understanding what the critical steps are to producing defensible data will help to improve the quality of the data results and the assist end users in defending their data in court.
Oral Presentation
Prepared by C. Hiegel
Trihydro Corporation, 1252 Commerce Dr., Laramie, Wyoming, 82072
Contact Information: chiegel@trihydro.com; 307-745-7474
ABSTRACT
Key Words: Data Validation, Data Defensibility, Data Quality, Environmental Data, Legally Defensible Data
Frequently, planning for defensible data that may be used in litigation is not the first element that is considered when organizing for a project sampling or data collection event. However, when the data are in error, the defensibility of the data becomes the most important aspect of the project as the opposing council work to discredit the data. Data defensibility, like safety, should not be left to luck.
Devoting significant time to plan and prepare for a complex project can be daunting and when regulatory requirements do not require specific planning documents, determining what is really important can be difficult. In addition, each project, state, and client has different requirements for planning for defensible data. Budget considerations do not always allow for development of Sampling and Analysis Plans (SAPs), Quality Assurance Project Plans (QAPPs), Data Management Plans (DMPs), Standard Operating Procedures (SOPs), and other plans. The following steps will be discussed in determining to help determine what is really important when producing defensible data:
DEFINE DEFENSIBILITY: The first step in planning for legally defensible data is determining how the success of the project will be defined.
PLANNING: Once the goals of the project are defined, the second step is to choose what tools the project will need to be successful.
PREPARATION: When the planning is complete, the preparations of the tools that will be used to measure the defensibility are initiated. The most important aspect of planning will be effectively communicating to the laboratory, managers, and sample crew what is required for the success of the project.
EXECUTE: Execution of the project should result in the samples being collected in accordance with the planning documents; chain-of-custody should be properly maintained; and the laboratory should analyze the data in accordance with the methods.
REVIEW: The review process ensures that the project planning and execution was effective.
MANAGE: Finally, once the data are reviewed and approved or rejected, the data should be maintained with any data validation qualifiers, laboratory data qualifiers, and notes.
Due to the increased awareness of environmental risk factors affecting human and ecological receptors, the quality of the procedures involved in the defining, planning, preparation, execution, review, and management of data is under heavier scrutiny than ever before. Therefore, the goal of this user’s guide is to provide guidance in understanding what the critical steps are to producing defensible data will help to improve the quality of the data results and the assist end users in defending their data in court.