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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.

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.

<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower courts are prone to overbroad applications of Garamendi because the Court assumed the presence of three elements when it developed the standard for executive foreign affairs preemption of state law: (1) formal source law; (2) nexus to a foreign entity; and (3) indication of intent by the executive to preempt the state law under challenge.

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...

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges occurred when the landowner was harvesting timber and developin...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed jurisdictional status did not violate either the Safe Drinking Water Act...

Arizona v. California

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983 consent decree entered into by the United States and the tribe. The tribe's and the government's present claims a...

Barstow, City of v. Mojave Water Agency

The court holds that a trial court erred in resolving water right priorities in an overdrafted basin with a "physical solution" that relies on the equitable apportionment doctrine but does not consider the affected owners' legal rights in the basin. Landowners who had overlying water rights in the M...

Flue-Cured Tobacco Coop. Stabilization Corp. v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) report classifying environmental tobacco smoke (ETS) as a known carcinogen violated the Radon Gas and Indoor Air Quality Research Act. The report classifies ETS as a group A carcinogen known to cause cancer in humans. The court first ...

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A 1996 interim EPA report reached a similar conclusion. This concern over contaminated sediments is not new. It has manifested itself in a dizzying array of statutory and regulatory restrictions on the disposal of these sediments.