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The Food Quality Protection Act: A New Way of Looking at Pesticides

Editors' Summary: In 1996, the Food Quality Protection Act (FQPA) made major changes in the law governing pesticide residues in food, including elimination of the zero-risk standard for carcinogenic food additives. The FQPA instead imposed a new safety standard—a reasonable certainty that no harm will result from aggregate exposure to the pesticide—for establishment of "tolerances" setting maximum allowable amounts of pesticide residue.

NOAA's Latest Attempts at Natural Resource Damages Regulation: Simpler . . . But Better?

Editors' Summary: The debate about the most appropriate procedures and methodologies to conduct natural resource damage assessments (NRDAs) has continued throughout the last decade among agencies and stakeholders. In August 1995, NOAA proposed the most recent set of regulations to govern NRDAs under the Oil Pollution Act. This Article reviews the history of natural resource damages regulations and the 1995 NOAA proposed rule.

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A 1996 interim EPA report reached a similar conclusion. This concern over contaminated sediments is not new. It has manifested itself in a dizzying array of statutory and regulatory restrictions on the disposal of these sediments.

Federal-State Decisionmaking on Water: Applying Lessons Learned

Water policy in the United States has been significantly influenced in recent years by a number of high-profile environmental and water use conflicts, including disputes relating to California's Bay Delta, Florida's Everglades, the management of the Colorado River system, the Columbia/Snake system, and the Klamath and Trinity River Basins. For a variety of legal, institutional, and financial reasons, the federal government has played a major role in all of these matters, typically in partnership with state and local stakeholders.

Hormesis Revisited: New Insights Concerning the Biological Effects of Low-Dose Exposures to Toxins

One of the most fundamental tenets of toxicology is that "the dose determines the poison." This simple phrase provides the basis for the belief that all agents—chemicals and physical phenomena that are capable of producing some effect—have the potential to cause toxicity. Whether toxicity actually occurs is principally a matter of dose: the greater the exposure to a given agent, the more pronounced or severe the response of a cell or organism.

Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.