Editors' Summary: Through an analysis of six case studies of specific industries, this Dialogue identifies barriers to the development of new environmental technologies. After providing background information on the environmental technology industry, the author discusses barriers to technology innovation that are specific to the environmental regulatory system. He then identifies the barriers to innovation that arise from economic and business conditions, including industry conservatism and risk aversion, inadequate funding, and a lack of research and development.

Editors' Summary: This Dialogue analyzes nature as a model for environmental law. The author first identifies three valuable characteristics of nature and examines how they are created by ecosystems. Next, the author argues that the centralized and hierarchical regulation of environmental law ignores nature's valuable characteristics and, in fact, directly opposes nature's decentralized niche-based structure. The author asserts that such a centralized structure of environmental regulation lacks innovation, is subject to institutional bias, and results in incomplete decisionmaking.

Editors' Summary: This Dialogue addresses whether a single exposure to a carcinogenic agent can cause cancer. Using a database that contains nearly 5,000 studies that have assessed the ability of a single dose of a chemical to cause cancer, the authors discover that approximately 400 chemicals representing more than 30 chemical classes have been found to cause tumor development.

Editors' Summary: In the wake of Daubert v. Merrell Dow Pharmaceuticals, Inc., it has become increasingly important for the judicial system to discern the reliability of scientific evidence offered by experts in toxic tort cases. In this Article, the authors offer practical guidance on the application of the rule established in Daubert to toxic tort litigation. From the general acceptance test established in Frye v. United States to the refinements of the Daubert test outlined in the recently decided General Electric Co. v.

Editors' Summary: In March, the U.S. Supreme Court rendered its decision in Steel Co. v. Citizens for a Better Environment, 118 S. Ct. 1003, 28 ELR 20434 (1998). The Court held that an environmental group lacked standing to sue a company for past EPCRA reporting violations, because the group failed to meet the redressability requirement for Article III standing. In a follow-up to his November 1997 ELR Article on the Steel Co. litigation, Jim Hecker, an environmental enforcement attorney at Trial Lawyers for Public Justice, looks at the implications of the Steel Co. case.

Editors' Summary: Considerable debate over the efficacy of modern environmental regulation has resulted in recent reports by Enterprise for the Environment, Yale University, and the National Academy of Public Administration aimed at reinventing EPA and environmental regulation. This Dialogue discusses the three reports and considers whether they will fulfill their stated goals. It examines whether the reports' conclusions are relevant, whether their initiatives are practical, and whether their suggestions are wise.

Editors' Summary: Environmental justice issues have been the focus of much attention in recent months. In a case of first impression, the Third Circuit held last December that community groups can bring civil rights actions in federal court to collaterally attack state environmental permit decisions. Thispast February, EPA issued an interim guidance document on environmental justice which, among other things, would allow community groups to challenge state permit decisions after they are made — including permit renewals and modifications.

Editors' Summary: In an attempt to reduce their liability for environmental claims, insurers regularly include absolute pollution exclusion clauses in their comprehensive general liability policies. Courts, however, have entertained a variety of challenges to absolute pollution exclusions. This Article discusses seven arguments that insureds have made to obtain coverage despite the existence of an absolute pollution exclusion in their policy.

Editors' Summary: In this Article, which will be published later this year as part of the Environmental Law Institute's European Community Deskbook, 2nd Edition, the authors familiarize the reader with the intricacies of the European legal system. They begin by describing the anatomy of European Community law — its institutions, procedures, implementation methods, and enforcement mechanisms.

Editors' Summary: This Article discusses the new ozone and particulate matter (PM) NAAQS that EPA promulgated in 1997. It begins by examining the relevant provisions of the CAA and reviewing EPA's history of regulating ozone and PM. It also discusses the costs and impacts associated with implementing the new NAAQS. The Article concludes that less stringent ozone and PM NAAQS would meet the CAA's requisite level of health protection with far fewer negative impacts on the U.S. economy and society.