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Fighting WestwayEnvironmental Law, Citizen Activism, and the Regulatory War That Transformed New York City$
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William W. Buzbee

Print publication date: 2014

Print ISBN-13: 9780801451904

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801451904.001.0001

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(p.174) 12 The Cross-Examination

(p.174) 12 The Cross-Examination

(p.174) 12 The Cross-Examination
Fighting Westway

William W. Buzbee

Cornell University Press

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of Westway partisans, and Dovel became the most important witness. His testimony offered some glimpses of weakness, perhaps most obviously with his possible overconfidence when all other scientists conceded uncertainty. But Dovel also helped by offering the only expert validation, outside the Army Corps, for the conclusion that Westway posed no significant risks to striped bass. The question at thisd point was whether his views and certitude could hold up under Bernard's questioning, which the chapter recounts in depth.

Keywords:   Mitchell Bernard, William Dovel, striped bass, cross-examination, Army Corps of Engineers

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