The court holds that the passage of the Oil Pollution Act (OPA), which requires single-hulled oil tankers to be retrofitted with double hulls or be phased out of service, did not effect a taking of shipping companies' oil tankers. The court first holds that when the companies built or acquired the v...
The court vacates a district court's dismissal of a community association's National Environmental Policy Act (NEPA) and Intermodal Surface Transportation and Efficiency Act (ISTEA) claims against the federal government in connection with a highway project in Tennessee. The court first holds that th...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged the constitutionality of the ordinance. The court first dismisses...
The court holds that although the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a consumer's labeling claims, it does not preempt her defective packaging claim. The consumer brought suit against a pool company after she suffered burning sensations in her lungs and throat and h...
The court upholds the Occupational Safety and Health Administration's (OSHA's) revised standard for the manner and conditions of use for respiratory protection in the workplace. A group representing the iron and steel industry and a group representing doctors separately challenged the revised standa...
The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims regarding the packaging of the pesticides. The employee alleged that she...
Perhaps Congress should throw up its hands and move on to something more manageable than global climate change. Richard Lazarus asserts that the challenges of enacting effective national strategies for mitigating and adapting to changes in the Earth's climate are not just "wicked," but "super wicked," meaning they defy resolution.
The quest by law abiding pesticide registrants for relief from illegally registered pesticides has taken a new turn. Tacitly acknowledging the futility of urging the U.S. Environmental Protection Agency (EPA) to initiate enforcement action against bad actors, registrants are now, in epidemic proportion, taking their case to EPA in the form of filing administrative petitions to revoke and/or cancel Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrations issued to competitors and alleged to be obtained illegally.
This Article considers the extent to which the United States has made progress in the management of chemicals and pesticides in light of the commitments it made in 1992 to promote sustainable development. While pesticides are types of chemicals, they are managed differently and this Article will employ the legal distinctions between the two. The term "chemicals" refers to substances that are manufactured, processed, or used in commerce, other than those marketed as pesticides, pharmaceuticals, or food additives.