This 2 credit course examines the regulation of toxic substances in both the common law and federal regulations. The course focuses on the federal regulatory programs governing different types of toxics problems. These programs 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; the Federal Insecticide, Fungicide and Rodenticide Act; and the Consumer Protection 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 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. The basis of evaluation will be a 24 hour, open book examination.
Prerequisite: None
Wagner, Wendy E.