Critical Developments in Toxic Torts: Are There Synergistic Effects Between Toxic Tort Suits and Environmental Regulations?

March 2007
Citation:
37
ELR 10230
Issue
3
Author
Panel discussion

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.]

Panelists: Carla M. Burke, Baron & Budd Richard O. Faulk, Gardere Wynne Sewell L.L.P. Bruce A. Finzen, Robins, Kaplan, Miller & Ciresi L.L.P. Clifton J. McFarland, Downey Brand L.L.P.
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