Technological accident, community class‐action litigation, and scientific damage assessment: A case study of court‐ordered research

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Abstract
A train carrying various regulated hazardous and toxic chemical commodities derailed in Livingston, Louisiana, on September 28, 1982. The resulting fires and explosions necessitated a 14‐day evacuation of over 3,000 residents and precipitated a class‐action lawsuit against the railroad. The court ordered, on its behalf, an independent assessment of the ecological, physical, economic, sociological, and psychological damages resulting from the derailment and subsequent events. These assessments, delayed by legal appeals, began in December 1983 and continued until February 1985. The ecological damage assessment was accomplished by general and quality assurance audits of the records of the railroad's cleanup contractor with the cooperation of the railroad and its contractor and by reviewing the records of the Louisiana health and environmental agencies. The economic, sociological, and psychological damage assessments were accomplished using a common survey instrument administered to a statistically chosen sample of the evacuated residents. The studies showed that the physical damage was surprisingly small, considering the magnitude of the event; evacuated residents were significantly stressed; and there were negative social impacts. After a tentative settlement was reached, the findings of the court's experts were released through participation in a unique court hearing utilizing a panel discussion under oath, with panel members subject to cross‐examination. This procedure resulted in a final settlement agreement, which was informed by an interdisciplinary scientific damage assessment.