The Regulation of Toxic Substances and Hazardous Wastes

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ISBN: 9781566627580 | 1566627583
Cover: Hardcover
Copyright: 6/1/2000

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This casebook provides a political, economic, and scientific context for toxic substance and hazardous waste law, along with key toxics statutes. The text of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act; and the Resource Conservation and Recovery Act are included, and different approaches to toxics regulation are suggested.

Preface	p. v
Acknowledgments	p. ix
Glossary of Acronyms	p. xix
Foundations
Introduction	p. 1
Toxicology and Risk Assessment	p. 39
The Science of Toxic Substances	p. 41
Quantitative Risk Assessment	p. 80
Economics and Regulatory Analysis	p. 131
Introduction: Economic Criteria for Evaluating Success of Regulatory Responses to Environmental Problems	p. 132
The Choice of Means: Market or Government?	p. 136
Regulatory Analysis: "Fine-Tuning" Government Regulation	p. 164
The Judicial Role in Toxics Regulation	p. 217
Forms of Agency Action: The Vermont Yankee Litigation	p. 219
The Methodology of Judicial Review	p. 227
Asbestos: A Case Study of Judicial Deference to Administrative Judgment	p. 242
Toxic Torts	p. 277
Special Characteristics of a Toxic Tort Case	p. 278
The Plaintiff's Case	p. 317
The Defendant's Response	p. 358
Toxic Substances and Toxic Pollution
Toxics Regulation in Public Health and Pollution Control Statutes	p. 371
The Federal Food, Drug, and Cosmetic Act	p. 372
The Occupational Safety and Health Act	p. 390
The Atomic Energy Act	p. 418
The Safe Drinking Water Act	p. 443
The Clean Water Act	p. 461
The Clean Air Act	p. 488
A Summary and a Look Ahead	p. 515
Pesticides: The Federal Insecticide, Fungicide, and Rodenticide Act	p. 521
Economic Poisons	p. 521
Environmental Regulation	p. 551
The Licensing Strategy	p. 584
Pesticide Regulation and Agriculture Policy	p. 593
Manufacture: The Toxic Substances Control Act	p. 601
Toward Comprehensive Regulation	p. 601
Information Gathering	p. 609
The "Unreasonable Risk" and "Least Burdensome" Standards	p. 629
TSCA's Potential	p. 650
The Disposal and Clean-up of Hazardous Wastes
Disposal: The Resource Conservation and Recovery Act	p. 661
Introduction	p. 661
A Closer Look at the Subtitle C Regulatory Program	p. 680
Regulation of Generators, Transporters, and Exporters of Hazardous Waste	p. 728
Regulation of Treatment, Storage, and Disposal Facilities	p. 743
Land Disposal Restrictions	p. 771
Enforcement	p. 793
The Siting of Waste Treatment and Disposal Facilities: A RCRA Case Study	p. 833
The Siting Dilemma in the United States	p. 833
The Canadian Experience	p. 842
New Approaches in the United States	p. 847
The Assurance vs. the Prisoners' Dilemma Approach	p. 855
Clean-Up: The Comprehensive Environmental Response, Compensation, and Liability Act	p. 867
Overview	p. 869
CERCLA in Context	p. 883
The Clean-up Cornerstones	p. 892
Liability	p. 917
Cost-Recovery Actions and Apportionment of Liability	p. 990
The Future of CERCLA	p. 1023
Federal Facilities: A CERCLA Case Study	p. 1027
Cleaning Up Federal Facilities	p. 1029
Public Participation at Federal Facilities	p. 1068
Remediation, Future Use, and Stewardship	p. 1086
Emerging Issues
Environmental Justice	p. 1097
Introduction	p. 1097
Statistical Studies Related to the Siting of Hazardous Waste Facilities	p. 1103
Environmental Justice Claims by Individuals and Citizen Groups	p. 1113
Government Responses to the Environmental Justice Movement	p. 1126
Alternative Control Strategies	p. 1138
The Right to Know: The Emergency Planning and Community Right-to-Know Act (EPCRA)	p. 1138
Pollution Management and Prevention	p. 1159
Index	p. 1181
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The Regulation of Toxic Substances and Hazardous Wastes

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