Regulation of Toxic Substances
EPID 521 R. Leonard Vance, PhD, JD, CIH
Regulation of Toxic Substances
Semester course; 3 lecture hours. 3 credits. This course introduces the
student to the administrative law and policy issues. This course examines
the Clean Water Act, Clean Air Act, Resources Conservation & Recovery
(RCRA), Federal Facility Compliance Act, Comprehensive Environmental
Response, Compensation & Liability Act (CERCLA-Superfund), Toxic
Torts; Real Estate Issues; Recovery of Money Damages; Criminal Law,
Occupational & Mine Safety & Health Acts (OSHA/MSHA), Workman's
Compensation; Occupational Disease; Victim Compensation, Safe Drinking
Water Act; Pollution Prevention Act, Food Drug & Cosmetic Act,
RCRA & Superfund Regulations & Case Law; State Hazwaste/Superfund
Programs, Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA);
Lead Based Paint Poisoning Prevention Act, Radiation Law & Regulation;
Transportation, Marine Sanctuaries Act; International Environmental
Law. Spring semester
INSTRUCTOR: R. Leonard Vance, JD, Ph.D.; Associate Professor
PHONE: (804) 828-4548; FAX 828-9773
OFFICE: L-13, McGuire Annex; 1112 East Clay St.
E-MAIL: vance@hsc.vcu.edu
COURSE OBJECTIVES:
- Acquaint the student with the governmental structure that regulates chemicals , harmful physical agents, and the environment.
- Enable the student to understand how regulations are promulgated and how interest groups attempt to ensure that regulations consider their positions.
- Ensure that students understand the technical and scientific issues that underlie environmental regulatory programs.
- Developing students’ understanding of the roles of federal, state, local government, and the common law in regulating chemicals and assessing damages to appropriate parties for chemical releases.
- Enable the student to perform legal research on environmental regulatory issues using either a law library or the internet.
MPH PROGRAM MISSION STATEMENT
The Mission of the Medical College of Virginia/Virginia Commonwealth University MPH Program is to promote, preserve and restore health. This Mission is accomplished by training students to be effective practitioners of the skills, knowledge and attitudes needed to effectively conduct public health needs assessment of populations; program planning and evaluation and other research to address identified needs, and work with communities to generally enhance the protection and promotion of health.
The MPH Program emphasizes community services for under served populations by working closely with local counties, municipalities, and state agencies, as well as with service organizations, to identify community needs, educational and service opportunities for program students and graduates. The Program directly advances the University Mission and the School of Medicine Mission.
TEXTS: Environmental Law Handbook, 15th Ed., Government Inst., Inc.
Environmental Statutes; 1999 Ed., Government Inst., Inc.,
CLASS SCHEDULE:
Class 1: Introduction: Constitutional, Statutory, Administrative & Case Law
Class 2: Clean Water Act; 1990 Oil Pollution Act:
Class 3: Common Law; Toxic Torts; Money Damages; Civil & Criminal Liability
Class 4: Resource Conservation & Recovery [RCRA], Federal Facility Compliance Act
Class 5: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA-Superfund)
Class 6: Virginia Solid Waste Litigation; Guest Speaker: Timothy G. Hayes, Esq. CERCLA, completion; EPCRA; Emergency Planning & Community Right to Know Act (SARA Title III)
Test 1
Class 7: Clean Air Act
Class 8: Occupational & Mine Safety & Health Acts [OSHA/MSHA]; Worker's Compensation
Class 9: Safe Drinking Water Act; Pollution Prevention Act (1990) - Federal Insecticide, Fungicide, & Rodenticide Act [FIFRA];
TERM PAPER DUE
Class 10: Toxic Substances Control Act [TSCA]
Class 11: Food, Drug & Cosmetic Act; Student Presentations
Class 12: Asbestos Hazard Emergency Response Act [AHERA]; Lead Based Paint Poisoning Prevention Act
Class 13: Radiation Law & Regulation; Transportation
Student Presentations
Class 14: Marine Sanctuaries Act; International Environmental Law;
Student Presentations
Final Examination
Lecture 1: Introduction: Constitutional, Statutory, Administrative & Case Law; Sources of legal authority-constitutional, federal, state, local and common law; federalism in toxic substances law; the legal & regulatory literature; legal research; fundamentals of administrative procedure acts; Regulatory Flexibility Act, Paperwork Reduction Act, and National Environmental Policy Act; federal executive orders; cost-benefit analysis; Office of Management & Budget duties, risk assessment & risk management; private enforcement, citizen suits & attorney's fees; standing; pre-emption; takings; scientific evidence; Dillon's Rule and limits to agency power; Impact of 11/94 congressional realignment; case studies
Lecture 2: Clean Air Act
Legislative history, statutory structure; national primary and secondary ambient air quality standards, new and existing point source emission standards, NESHAPS, PSD and NAA programs; promulgation of regulations; enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions the Virginia Department of Environmental Quality Program; 1990 revisions to CAA-Acid rain, permitting revisions, waste allocation sale; chlorofluorocarbons
Lecture 3: Clean Water Act
Legislative history, statutory structure, NPDES system; pretreatment standards; BAT/BPT control technology regulations; planning; enforcement; judicial review state program & federal preemption issues; miscellaneous statutory provisions; the Department of Environmental Quality counterpart program; 87 Amendments; the 1997 Smithfield litigation; Guest Instructor, John Butcher, JD, Ph.D., Assistant Attorney General of Virginia
Lecture 4: Resource Conservation & Recovery Act
Legislative history, statutory structure; comparison between hazardous waste & solid waste provisions; promulgation of regulations; enforcement; judicial review; state programs; UST's; miscellaneous statutory provisions; the Virginia Department of Environmental Quality Programs [hazardous, solid, radioactive, UST/AST]
Lecture 5: Comprehensive Environmental Response, Compensation & Liability Act (CERCLA-Superfund), including 1986 Amendments; Legislative history; statutory structure; federal, state & private cleanup/cost recovery provisions; liability, promulgation of regulations; enforcement; judicial review; federal preemption issues; miscellaneous statutory provisions; impact on commercial real estate transactions; the Virginia program
Lecture 6: CERCLA, completion;
EPCRA; Emergency Planning & Community Right to Know Act (SARA Title III): Genesis of EPCRA in major chemical release catastrophes; Emergency planning; State Emergency Response Commissions, Local Emergency Planning Committees; Release notification requirements; Facility notification requirements; Emissions inventories; Impact on private sector & local government.
TEST 1
Lecture 7: Toxic Torts; Real Estate Issues; Recovery of Money Damages Fundamentals of tort law; Elements of negligence; strict liability, categories of damages; product liability theories of recovery, tort reform/the "insurance crisis"; proof of causation in chemical exposure cases; real Estate contamination issues; case study: the asbestos personal injury & Property damage litigation
Criminal Enforcement of environmental Laws: RCRA: OSHA; CWA efforts; federal and state efforts; EPA emphasis program; federal uniform sentencing guidelines.
Lecture 8: Occupational & Mine Safety & Health Acts; Legislative history. Statutory structure; Promulgation of regulations & standards; enforcement; judicial review; state programs & federal preemption issues; NIOSH activities; miscellaneous statutory provisions; the Virginia (VOSH/DLI) program; criminal enforcement;
Worker's compensation; Occupational Disease; Victim Compensation; History & evolution from negligence law; State vs. federal responsibility; Program Administration nationally & in Virginia: grounds for claims & defenses; Injury by accident v. occupational disease; current issues
Lecture 9: Safe Drinking Water Act
Legislative histories; Statutory structure; 1986 Amendments; promulgation of regulations & standards; MCL's & RMCL's' enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions; the Virginia program
Federal Insecticide, Fungicide, & Rodenticide Act [FIFRA] FIFRA Legislative history; Statutory structure; existing chemical/new chemical programs; Pre-manufacturing notification program; Promulgation of regulations & standards, enforcement; judicial review; state programs & Federal preemption issues; miscellaneous statutory provisions; Virginia counterpart program [Va. Department of Agriculture & Consumer Service]; Virginia Pesticide Statute & Program
TERM PAPER DUE
Lecture 10: Toxic Substances Control Act [TSCA]; TSCA legislative history; statutory structure; existing chemical/new chemical programs; Pre-manufacturing notification program; Promulgation of regulations & standards; AHERA and asbestos; enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions; Virginia counterpart program
STUDENT PRESENTATIONS
Lecture 11: Food, Drug & Cosmetic Act
Legislative history; Statutory structure; The Food and Drug Administration. Promulgation of regulations & standards; application to tobacco industry; enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions; Delaney Clause; the Virginia programs; kepone/seafood case study
STUDENT PRESENTATIONS
Lecture 12: Radiation Law & Regulation; transportation
Radiation: Legislative history & statutory evolution [the Atomic Energy Act,]; High level/low level waste disposal issues; Promulgation of regulations; enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions; the Virginia program
Transportation: Federal & State Regulation of the Transportation of Hazardous & Radioactive Waste; the Federal Hazardous Materials Transportation Act {HMTA}; relation between RCRA, HMTA, & state programs, Virginia Regulations
STUDENT PRESENTATIONS
Lecture 13: Rivers & Harbors Act; Marine Sanctuaries; Legislative histories; Statutory structure; Promulgation of regulations & standards; enforcement; judicial review; state programs & federal preemption issues; miscellaneous statutory provisions; Virginia programs
International Environmental Law: Treaties; Transnational Acid Rain Issues; Effect of international Regulatory Variations on commercial Activity
Lead Based Paint Poisoning Prevention Act: Legislative history and statutory structure; the HUD demonstration program
Final Examination
GRADING:
In class presentation: 20%
Term Paper: 30%
Mid Term Examination 20%
Final Examination: 30%
The term paper is to be:
- on a toxics legal, regulatory, or litigation topic agreed upon by the student and instructor;
- handed in by date specified
- 10 to 12 pages in length, exclusive of appendices
The final examination will be partially open book and distributed in advance of the exam; all books, notes, reference materials, and libraries may be used for this part of the exam. Part of the exam will be closed book with a multiple choice format.
The in class presentation will be on a subject agreed to by the student and instructor and will be 20-30 minutes in duration. It should include a two page (MAX) handout outlining the main points of the presentation.
In class presentations should be on timely issues. During the 1997 session of this class, student classroom presentations will focus on the following issues of significant current interest
- Governmental Regulation of Tobacco
- the Smithfield litigation as a case study
- Virginia - USEPA disputes & disagreements
- Risk Assessment and regulation
- Superfund Revision
- Legislation on Takings
- Tort Reform
- OSHA Revision
- Revisions to Other Major Environmental Laws
Additional Suggested Readings:
Science on Trial; Angell, M., London, Norton, 1996
Risks, Costs, & Lives Saved; Hahn, R.W., NewYork, Oxford Univ. Press,1996
The Death of Common Sense; Philip K. Howard, 1994, Random.
Breaking the Vicious Cycle; Toward Effective Risk Regulation, Stephen Bryer; 1993, Harvard University Press.
“Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 require Virginia Commonwealth University to provide an ‘academic adjustment’ and/or a ‘reasonable accommodation’ to any individual who advises us of a physical or mental limitation that requires an academic adjustment or an accommodation, please arrange a meeting with me at your earliest convenience. Additionally, if your coursework requires you to work in a lab environment, you should advise the instructor or department chairperson of any concerns you may have regarding safety issues related to your limitation(s).”
