Critical Developments in Toxic Torts: Are There Synergistic Effects Between Toxic Tort Suits and Environmental Regulations?
Editors' Summary: On May 25, 2006, the Environmental Law Institute hosted the first seminar in a series exploring critical developments in toxic torts. After the moderator provided an overview of the relationship between toxic tort lawsuits and environmental regulations, the panelists shared their expertise on a range of topics surrounding this issue, including: agency action as the impetus for toxic tort litigation; strategies used by plaintiff and defense lawyers in litigating toxic tort suits; the role of regulatory compliance as a defense in litigation; and the challenges in introducing regulatory reports and risk assessments into evidence during trial. Below is a transcript of the event. [Transcribed by HBR Inc. of Washington, D.C. The transcript has been lightly edited, and citations have been added, for ease of reading.]