An environmental contamination event tends to affect not only natural elements but also local communities, causing impacts of varying proportions. If a company is deemed responsible for such an occurrence, it may face several legal and regulatory consequences. Therefore, throughout this article, we will explain how Epidemiological Studies, when properly applied and directed, can be a strategic tool in defending against litigated cases.
Aligning the concept: what are Epidemiological Studies?
Before understanding their application in litigated environmental cases, we need to understand what Epidemiological Studies are. Epidemiology is the science that studies the distribution and determinants of health problems (associated phenomena and processes) in human populations. The term comes from Latin: epi (upon/over) + demos (people) + logy (study, science). It is the basic science when considering public health, and can be applied in various contexts such as disease outbreak investigations, trend analyses, or environmental project impact assessments. There are various formats of epidemiological studies, which can be experimental (or intervention) or observational (where the investigator makes no intervention). In summary, these are some of the most common methodologies:
- Ecological correlation: compares the occurrence of a health-related condition and the exposure of interest among individuals in a region. Generally, this method does not establish cause and effect but allows for verifying a possible correlation between the analyzed factors;
- Cross-sectional study: in this case, exposure and effect are measured at the same time. This type of study also does not aim to establish cause and effect, but rather provides a "snapshot" of the situation;
- Case-control study: when a group of people with a specific disease is compared to healthy individuals, considering their history of exposure to certain factors;
- Cohort study: involves observing a group of people over a specific period to assess the occurrence of health problems.
Each method may be more or less suitable depending on the study's objectives. But regardless of the chosen method, it should be accompanied by a literature review of existing knowledge on the subject.
Why use Epidemiological Studies in lawsuits related to environmental contamination?
In a contamination incident, there is immense pressure from the press, the public, and regulatory bodies for the company to be held accountable for its actions. Indeed, it is essential that organizations causing destructive events to the environment and society answer for their actions. However, to do so, a thorough investigation process is required to identify the real impact of the occurrence and thus promote fair judgments commensurate with the damages caused. In cases involving environmental tragedies caused by companies, there is a complication for the defendant: the reversal of the burden of proof. That is, the company, as the accused party, must prove its innocence. In this scenario, epidemiological studies, combined with other data sources (e.g., demographic, environmental, or social), help to understand the level of correlation between the event and the population's health status, often allowing disproportionate accusations to be challenged based on data. It is possible, for example, to identify that the impact on human health was less than supposed, or even to conclude that the contamination is not the source of diseases found in a particular population (absence of causal link).
When is it advisable to apply Epidemiological Studies?
This question is very important. Epidemiological studies are not a trivial tool to apply in the context of environmental legal issues. Strong collaboration from the investigated population is required, as well as care to ensure their participation is not biased towards a specific outcome. Furthermore, conducting these studies can generate unwanted rumors or even cause unnecessary panic. Therefore, before initiating them, it is essential to have robust environmental data and models that indicate a level of contamination significant enough to justify suspicions of a causal link. If these preliminary investigations do not indicate a sufficient level of contamination, epidemiological studies become unnecessary for the defense of the case.
How to ensure reliable results?
The validity of a study's results depends on the quality of its planning and the correct execution of its stages. In addition to clear objectives and the adoption of appropriate methodology, care must be taken in selecting the studied population and exposure, as well as in data collection and analysis. Well-calibrated equipment and standardized laboratory tests are essential to avoid measurement errors. Regarding the human factor, it is crucial to consider the interests of the studied groups (for example: if they will receive any benefit from participating in the study, such as access to compensation or health treatment, this aspect must be taken into account when designing and evaluating research questionnaires). Concerning data analysis, it is also necessary to consider limitations and uncertainties, such as the difficulty of establishing causal relationships and the possible influence of a confounding factor (an external variable to the study that can influence the researched cause-and-effect relationship).Therefore, hiring qualified professionals is essential for the reliability of the results.The NewFields Brasil team comprises specialists who are international references for their contributions to universities, companies, and global organizations. If you need to make informed decisions for efficient environmental management, contact us!
