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Risk and the New Rules of Decisionmaking: The Need for a Single Risk Target

New rules are emerging to change the way the government makes decisions about cleanup of hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). These changes have altered Superfund decisionmaking fundamentally and irrevocably, requiring the government to reach for new levels of accountability, rationality, and consistency. Central to the government's ability to meet this challenge is the way in which it makes and explains decisions about acceptable risks and required levels of cleanup.

A Practitioner's Guide to the Federal Insecticide, Fungicide, and Rodenticide Act: Part I

Editors' Summary: Since 1910, the federal government has played a role in regulating pesticides. At first, the motive was to fight fraud, but as pesticides became more sophisticated and as environmental concerns grew, the government's regulatory efforts became more comprehensive. Now, near the dawn of bioengineered pesticides, with society confronting and reevaluating environmental risks, and with agencies facing fiscal challenges, pesticide regulation continues to evolve. It is a field of concern to the pesticide industry, of course, but in U.S.

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...

Grand Canyon Air Tour Coalition v. Federal Aviation Admin.

The court upholds a Federal Aviation Administration (FAA) rule that was promulgated pursuant to the Overflights Act and designed to reduce aircraft noise from sight-seeing tours in the Grand Canyon National Park. The Act required the Secretary of the Interior, via the National Park Service (NPS), to...

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...

Cottrell, Ltd. v. Biotrol Int'l, Inc.

The court holds that a cleaning product company may pursue its Lanham Act claims against a competitor for allegedly making false and misleading representations on its product label. The court first holds that the district court properly dismissed under Fed. R. Civ. P. 12(b)(6) the company's claim th...

Hart v. Bayer Corp.

The court holds that a district court lacked subject matter jurisdiction over crop owners' state-law claims against various pesticide corporations and, thus, the corporations improperly removed the claims to federal court. The court first holds that the Federal Insecticide, Fungicide, and Rodenticid...

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...

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.