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Discusses the impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) on state laws prohibiting or restricting the use of certain chemicals.
"With the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, the main body of chemical management law in the United States changed dramatically. This guide summarizes the new law, highlights the changes that will have the greatest impact, and offers pertinent analysis on the implementation of the new law."--
Legislative hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) : hearing before the Committee on Environment and Public Works, United States Senate, One Hundred Fourteenth Congress, first session, March 18, 2015.
In summer 2016, Congress passed amendments to the Toxic Substances Control Act (“TSCA”) more than forty years after it first passed the law, and the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LSCA”) became law on June 22, 2016. The new law, the first major U.S. environmental law in decades, was widely lauded by the American Chemistry Council and other industry groups, but somewhat less warmly received by consumer and public advocacy groups. This article will make the case that while the LSCA had the potential to move us toward a more health protective stance in our federal, chemical regulatory regime, stringent enforcement of the law in a health protective manner does not seem likely in the current political climate. Indeed, the EPA's July 2017 implementation rules for review of existing chemicals and “Framework” documents for new chemicals vitiate many of the Act's intended protections. The article urges that regulating consumer chemicals and products to protect human health and the environment is an issue readily deserving of our attention, and this new law, embodied in the LSCA and accompanying regulation, does not adequately advance the cause. I briefly review the literature that suggests that environmental causes account for many serious illnesses, including cancers, then explore existing and proposed mechanisms in our federal legal framework to regulate toxic substances to protect human health. I next provide an overview of the deficiencies in the “old” TSCA that the LSCA amendments sought to correct, and then outline the basic provisions of the LSCA and critique its initial implementation and what I perceive to be accompanying deficiencies. Finally, I envision a way forward with what I call a “proactive” stance to the regulation of toxic substances. Such a regulatory stance would couple existing law with greater information transparency, and market forces to encourage industry and regulators to better protect human health and the environment.
Environmental Law: Statutory and Case Supplement 2022-2023 is an essential tool for students of environmental law by providing the updated text of the federal statutes and the latest significant court decisions. Environmental Regulation: Law, Science, and Policy, Ninth Edition, can easily be used with any environmental law casebook on the market. Organizing the statutes by subject matter, rather than their location in the U.S. Code, this supplement introduces the statutes with detailed outlines that highlight their most important provisions. The supplement also includes legislative history timelines that trace the evolution of the statutes by explaining when they were enacted and when their most significant amendments were added. This new edition provides an essential resource for students, teachers and practitioners of environmental law by including the complete, updated text of the major federal environmental laws and executive orders governing how agencies implement environmental policy. The supplement also includes significant Supreme Court decisions in environmental cases decided during the last three years. New to the 2022-23 Edition: Edited copies of important new Supreme Court decisions addressing EPA’s authority to use the Clean Air Act to regulate emissions of greenhouse gases (West Virginia v. EPA) and how interstate disputes over the use of groundwater resources will be decided (Mississippi v. Tennessee). A complete updating of the major federal environmental statutes, including amendments to the Safe Drinking Water Act, the Solid Waste Disposal Act and the Clean Water Act, including changes made by the Infrastructure Investment and Jobs Act. New regulations governing implementation of the National Environmental Policy Act (NEPA). Professors and students will benefit from: The ability to examine the precise, updated text of the major federal environmental statutes Research tips for locating useful sources of additional information on environmental policy New court decisions released after the publication of the latest casebook edition
Environmental Law: Statutory and Case Supplement, can easily be used with any environmental law casebook on the market. Organizing the statutes by subject matter, rather than their location in the U.S. Code, this supplement introduces the statutes with detailed outlines that highlight their most important provisions. The supplement also includes legislative history timelines that trace the evolution of the statutes by explaining when they were enacted and when their most significant amendments were added. This new edition provides an essential resource for students, teachers, and practitioners of environmental law by including the complete, updated text of the major federal environmental laws and executive orders governing how agencies implement environmental policy. The supplement also includes significant Supreme Court decisions in environmental cases decided during the last three years. New to the 2024-2025 Edition: Edited copies of important new Supreme Court decisions addressing issues of regulatory takings (Sheetz v. County of Eldorado and Devillier v. Texas), transboundary air pollution (Ohio v. EPA) and deference to agency interpretations of statutes (Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dept. of Commerce). A complete updating of the major federal environmental statutes. New regulations from the Council on Environmental Quality governing the implementation of the National Environmental Policy Act (NEPA). Professors and students will benefit from: ● The ability to examine the precise, updated text of the major federal environmental statutes ● Research tips for locating useful sources of additional information on environmental policy ● New court decisions released after the publication of the latest casebook edition
This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
Environmental Law: Statutory and Case Supplement, can easily be used with any environmental law casebook on the market. Organizing the statutes by subject matter, rather than their location in the U.S. Code, this supplement introduces the statutes with detailed outlines that highlight their most important provisions. The supplement also includes legislative history timelines that trace the evolution of the statutes by explaining when they were enacted and when their most significant amendments were added. This new edition provides an essential resource for students, teachers, and practitioners of environmental law by including the complete, updated text of the major federal environmental laws and executive orders governing how agencies implement environmental policy. The supplement also includes significant Supreme Court decisions in environmental cases decided during the last three years. New to the 2023-24 Edition: Edited copies of important new Supreme Court decisions addressing the scope of federal authority under the Clean Water Act (Sackett v. EPA), application of the dormant commerce clause to state animal welfare regulation (National Ass’n of Pork Producers v. Ross), and EPA’s authority to use the Clean Air Act to regulate emissions of greenhouse gases (West Virginia v. EPA). A complete updating of the major federal environmental statutes, including substantial amendments to the National Environmental Policy Act made by the June 2023 Fiscal Responsibility Act, and changes made by the Infrastructure Investment and Jobs Act. New regulations governing the implementation of the National Environmental Policy Act (NEPA). Professors and students will benefit from: The ability to examine the precise, updated text of the major federal environmental statutes Research tips for locating useful sources of additional information on environmental policy New court decisions released after the publication of the latest casebook edition
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