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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.
This title identifies and analyzes the key technical, legal, and policy problems that legislators, regulators, and lawyers deal with in hazardous waste management. The book surveys, organizes, and explains the most important provisions of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), while providing relevant background. It emphasizes the scientific, policy, and legal issues that make hazardous waste management a difficult and complex problem for Congress, the Environmental Protection Agency, and practicing lawyers.
The Law of Toxic Substances and Hazardous Wastes is the definitive treatise on federal and state regulation of that special class of pollutants which are the most deadly. It is co-authored by four law professors holding four endowed professorships at four law schools, who have written extensively in this area. The treatise covers the entire range of topics involving legal institutions, statutes, and court cases addressing the growing problem of toxic substances and hazardous wastes. The book explores the question of how to measure and weigh and assess risk, especially in the face of uncertainty, and whether cost-benefit analysis should be used to decide upon an acceptable level of toxic and hazardous pollution. It provides an in-depth analysis of federal statutes designed to regulate toxic substances and insecticides/pesticides. And it considers the two primary hazardous waste prevention and removal statutes - RCRA and CERCLA. Apart from statutory and regulatory analysis, the treatise also includes a chapter on the specialized tort field of common law toxic torts. The treatise is an up-to-date comprehensive summary of the laws, court cases, and issues that arise when legal institutions seek to address the removal and regulation of chemicals and poisons that can do the most damage to humans and living organisms.
This 2005 text discusses the US Toxics Release Inventory Program and its impacts as a case study of legislation.