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Risky Business? Massachusetts v. EPA, Risk-Based Harm, and Standing in the D.C. Circuit

January 2008

Citation: ELR 10057

Author: Amanda Leiter, Chet Thompson, Allison Zieve, and David B. Weinberg

Editors' Summary: On September 19, 2007, the Environmental Law Institute hosted a seminar to examine developments in environmental standing in the U.S. Court of Appeals for the District of Columbia Circuit following the Supreme Court's decision last term in Massachusetts v. EPA. The panelists discussed the concept of a risk-based standard for proving "injury-in-fact" in environmental and public safety cases in light of such recent decisions as NRDC v. EPA I and II and Public Citizen v. NHTSA. The seminar concluded with a question-and-answer period. Below is a transcript of the event. [Transcribed by ACE Transcription Service, Washington, D.C. The transcript has been lightly edited, and citations have been added, for ease of reading.]

Panelists: Amanda Leiter, Visiting Professor, Georgetown University Law Center; former attorney, Natural Resources Defense Council (NRDC). Chet Thompson, Partner, Crowell & Moring; former U.S. Environmental Protection Agency (EPA) Deputy General Counsel. Allison Zieve, Attorney, Public Citizen Litigation Group. David B. Weinberg, Partner, Wiley Rein L.L.P.; counsel for Methyl Bromide Industry Panel of the American Chemistry Council

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