This course examines the regulation of toxic substances in both the common law and federal regulations. The course begins with a study of common law claims and their limitations in regulating toxic substances. The federal statutes that attempt to fill in these gaps are then explored at varying levels of detail. These statutes include: a) statutes regulating toxic products (the Food Drug and Cosmetic Act; the Occupational Safety and Health Act; the Safe Drinking Water Act; the Toxic Substances Control Act; and the Federal Insecticide, Fungicide and Rodenticide Act); b) statutes regulating the continuous release of pollutants through normal operations (the Occupational Safety and Health Act; and the Clean Air and Water Acts); and c) statutes regulating waste disposal (the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act (Superfund)). The Emergency Planning and Community Right-To-Know Act, which requires manufacturers to disclose the types and amounts of toxins they release into various environmental media, is also considered. The course then explores the enforcement of these regulatory programs, including the use of citizen suits and environmental justice claims. The course concludes with an examination of the vital role that tort litigation continues to play in the shadow of these extensive federal regulatory programs. Students can chose either a paper option or a 24 hour, open book examination as the basis for their evaluation.
Wagner, Wendy E.