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A Single Exposure to Many Carcinogens Can Cause Cancer

Editors' Summary: This Dialogue addresses whether a single exposure to a carcinogenic agent can cause cancer. Using a database that contains nearly 5,000 studies that have assessed the ability of a single dose of a chemical to cause cancer, the authors discover that approximately 400 chemicals representing more than 30 chemical classes have been found to cause tumor development.

Separating the Scientist's Wheat From the Charlatan's Chaff: Daubert's Role in Toxic Tort Litigation

Editors' Summary: In the wake of Daubert v. Merrell Dow Pharmaceuticals, Inc., it has become increasingly important for the judicial system to discern the reliability of scientific evidence offered by experts in toxic tort cases. In this Article, the authors offer practical guidance on the application of the rule established in Daubert to toxic tort litigation. From the general acceptance test established in Frye v. United States to the refinements of the Daubert test outlined in the recently decided General Electric Co. v.

EPCRA Citizen Suits After Steel Co. v. Citizens for a Better Environment

Editors' Summary: In March, the U.S. Supreme Court rendered its decision in Steel Co. v. Citizens for a Better Environment, 118 S. Ct. 1003, 28 ELR 20434 (1998). The Court held that an environmental group lacked standing to sue a company for past EPCRA reporting violations, because the group failed to meet the redressability requirement for Article III standing. In a follow-up to his November 1997 ELR Article on the Steel Co. litigation, Jim Hecker, an environmental enforcement attorney at Trial Lawyers for Public Justice, looks at the implications of the Steel Co. case.

Reinventing Environmental Regulation: Back to the Past by Way of the Future

Editors' Summary: Considerable debate over the efficacy of modern environmental regulation has resulted in recent reports by Enterprise for the Environment, Yale University, and the National Academy of Public Administration aimed at reinventing EPA and environmental regulation. This Dialogue discusses the three reports and considers whether they will fulfill their stated goals. It examines whether the reports' conclusions are relevant, whether their initiatives are practical, and whether their suggestions are wise.

Taking Environmental Justice Claims Seriously

Editors' Summary: Environmental justice issues have been the focus of much attention in recent months. In a case of first impression, the Third Circuit held last December that community groups can bring civil rights actions in federal court to collaterally attack state environmental permit decisions. Thispast February, EPA issued an interim guidance document on environmental justice which, among other things, would allow community groups to challenge state permit decisions after they are made — including permit renewals and modifications.

Responsible for Pollution? Even With the Armor of the Absolute Pollution Exclusion, Insurers May Not Be Bulletproof

Editors' Summary: In an attempt to reduce their liability for environmental claims, insurers regularly include absolute pollution exclusion clauses in their comprehensive general liability policies. Courts, however, have entertained a variety of challenges to absolute pollution exclusions. This Article discusses seven arguments that insureds have made to obtain coverage despite the existence of an absolute pollution exclusion in their policy.

European Community Environmental Law: Institutions, Law Making, Enforcement, and Free Trade

Editors' Summary: In this Article, which will be published later this year as part of the Environmental Law Institute's European Community Deskbook, 2nd Edition, the authors familiarize the reader with the intricacies of the European legal system. They begin by describing the anatomy of European Community law — its institutions, procedures, implementation methods, and enforcement mechanisms.

EPA's New Air Quality Standards for Particulate Matter and Ozone: Boon for Health or Threat to the Clean Air Act?

Editors' Summary: This Article discusses the new ozone and particulate matter (PM) NAAQS that EPA promulgated in 1997. It begins by examining the relevant provisions of the CAA and reviewing EPA's history of regulating ozone and PM. It also discusses the costs and impacts associated with implementing the new NAAQS. The Article concludes that less stringent ozone and PM NAAQS would meet the CAA's requisite level of health protection with far fewer negative impacts on the U.S. economy and society.

Fourteen Not So Easy Steps to a Successful Environmental Management Program

Editors' Summary: In 1989, the DOE created the Environmental Management (EM) program to clean up contamination caused by the production of nuclear weapons. In recent years, the DOE has suffered congressional criticism and reduced budgets. Although the EM program pushed for greater efficiency, its initiative lacked a coherent strategy necessary to address the overall cleanup program. This Dialogue identifies 14 principles that are vital to the cleanup of the DOE's nuclear weapons complex.

Institutional Controls or Emperor's Clothes? Long-Term Stewardship of the Nuclear Weapons Complex

Editors' Summary: DOE is responsible for managing as many as 81 geographic sites that are contaminated with long-lived hazardous and radioactive materials. The longevity of these wastes will require long-term stewardship at these sites in order to protect both human health and the environment. This Article discusses the challenges that DOE faces in developing an effective long-term stewardship program. The authors begin with an overview of DOE's waste management program and a description of its long-lived wastes.