This 3-credit course examines the regulation of toxic substances in both the common law and federal regulations. The course begins with an examination of statute-based regulatory programs governing toxic risks. These include a study of regulations governing toxins in workplaces (the Occupational Safety and Health Act), wastes (the Resource Conservation and Recovery Act; Comprehensive Environmental Response Compensation and Liability Act), and in products, broadly defined (Safe Drinking Water Act; the Toxic Substances Control Act; and the Federal Insecticide, Fungicide and Rodenticide Act), as well as in right-to-know laws. The course will then shift to an exploration of how the legal system enforces these laws, including through citizen suits and environmental justice claims, but also by holding wrongful actors accountable through the common law and toxic torts. The course will conclude by reflecting on the complementary roles that the common law and regulatory law play in endeavoring to better control the indiscriminate release of toxic substances and considers reforms for the future. The basis of evaluation will be a 24 hour, open book examination. Prerequisite: None
Wagner, Wendy E. 