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Regulation of Radiological and Chemical Carcinogens: Current Steps Toward Risk Harmonization

Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under different statutory directives were responsible for addressing the dangers from these carcinogens. As a result, different policies and practices were developed. This Article explores these differences and the record on resolving them. It first examines the history of federal regulation of chemical and radiological carcinogens and summarizes EPA's approach to risk assessments for them.

Friends of Southeast's Future v. Morrison

The court holds that the U.S. Forest Service's approval of a proposed timber sale in the Tongass National Forest in Alaska violated the National Forest Management Act (NFMA), but did not violate the National Environmental Policy Act (NEPA). The court first holds that the Forest Service's tentative o...

Bouchard Transp. Co. v. Updegraff

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution Discharge Prevention Act claims brought against the owners of th...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of Engineers to prepare an environmental impact statement (EIS) addressing the development's impact on flooding. The...

Corridor H Alternatives v. Slater

The court holds that the Federal Highway Administration's (FHwA's) approval of a highway project in West Virginia violated the Department of Transportation Act §4(f) historic sites review requirement. The court first holds that the plain language of §4(f)'s regulations, 23 C.F.R. §771.135(b) and ...

Colorado Envtl. Coalition v. Dombeck

The court holds that the U.S. Forest Service complied with the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) when it issued a permit to a Colorado ski resort for the expansion of a ski area within the White River National Forest. The court first holds that ne...

Friends of the Clearwater v. Dombeck

The court holds that although the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it failed to prepare a supplemental environmental impact statement (SEIS) necessary for certain timber sales in the Nez Perce National Forest in Idaho, the Forest Service's subsequent pre...

South Fork Band v. Department of the Interior

A district court largely denied a tribe's motions for summary judgment on claims that the BLM violated NEPA and FLPMA in approving a gold mining and processing operation on and around Mt. Tenabo in Lander County, Nevada. The Ninth Circuit already issued a preliminary injunction requiring the BLM to ...

Lee's Summit, Mo. v. Surface Transp. Bd.

The court denies two Missouri cities' petition to review the Surface Transportation Board's approval of restoration train service over an unused 278-mile railroad line without performing an environmental assessment (EA) under the National Environmental Policy Act.
The cities argued that the propose...

Churchill County v. Norton

The court affirms a district court holding that the U.S. Fish and Wildlife Service's (FWS') failure to prepare a programmatic environmental impact statement (EIS) before approving land and water rights purchases under §206 of the Truckee-Carson Pyramid Lake Water Rights Settlement Act (Settlement A...