Environmental Health Law

Russellyn S. Carruth, JD, has developed and taught courses on environmental law to both law and public health students at the New Jersey Graduate Program of Public Health and at the University of Pittsburgh. Previously, she was in private law practice in Anchorage Alaska.Bernard D. Goldstein, MD, is professor emeritus of Environmental and Occupational Health and former dean of the Graduate School of Public Health, University of Pittsburgh. He served as assistant administrator of the EPA and was the founding director of the Environmental and Occupational Health Sciences Institute of Rutgers University.

• List of Text Boxes, Figures, and Tables ixPreface xiiiThe Authors xviiChapter 1 Overview of the US Legal System 1The Structure of American Government 2Separation of Powers: Federal and State 3Sources of American Law 9Chapter 2 Transparency and Accountability in the Executive Branch: Judicial Review and the National Environmental Policy Act (NEPA) 23Judicial Review 24National Environmental Policy Act (NEPA) 29Chapter 3 Clean Air Act (CAA) 41Background 42Introduction to the Clean Air Act 43National Ambient Air Quality Standards (NAAQS) 44Regulating Emissions 48Hazardous Air Pollutants (HAPs) 58Enforcement 65Mobile Source Controls 66Acid Rain Program 68Cross-Border Air Pollution 71Greenhouse Gases 72Chapter 4 Clean Water Act (CWA) 77 Scope and Basics 79National Pollutant Discharge Elimination System (NPDES) 81Technology-Based Effluent Standards 83Beyond Technology-Based Standards: Water Quality Safety Net 90Enforcement 92Pretreatment Program for Indirect Dischargers 96Discharges of Fill and Dredged Materials 98Chapter 5 Safe DrinkingWater Act (SDWA) 107Who Is Regulated: Public Water Systems 109What Contaminants Are Regulated? 110National Drinking Water Regulations 112Keeping Consumers Informed 116A Closer Look at Public Water Systems 117Source Water 120Enforcement 124Chapter 6 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund Act”) 131Overview and Definitions 133Reporting Releases of Hazardous Substances 136Responding to a Release of Hazardous Substances 136Agency for Toxic Substances and Disease Registry 142The Superfund 145Liability 146Brownfields 152Chapter 7 Resource Conservation and Recovery Act (RCRA) 157What Is a Hazardous Waste? 159Cradle-to-Grave Regulation 163Waste Minimization 172Enforcement 172Underground Storage Tanks 173Chapter 8 Oil Pollution Act (OPA) 179Overview 180Spill Prevention 181Spill Response 182Liability and Penalties 186Oil Spill Liability Trust Fund 189Chapter 9 Emergency Planning and Community Right-to-Know Act (EPCRA) 193Overview 194Emergency Planning Provisions 196Data Reporting 197Toxic Release Inventory 198Chapter 10 Occupational Safety and Health Act (OSH Act) 203Background 205What Are Employers’ Duties? 208Health Standards 209Setting Health Standards: Consensus, Permanent,Emergency Temporary 210Hazard Communication Standard (HCS) 214Records and Reporting 218Monitoring and Enforcement 219Chapter 11 Toxic Substances Control Act (TSCA) 225Scope and Implementation 226New Chemicals Program 228Existing Chemicals 233Significant New Use 235Chapter 12 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 241Background 242Pesticide Registration Program 245Removing Pesticides from the Market 250Regulation of Pesticide Use 253Nearly Exclusive Federal Control 255Chapter 13 Food, Drug, and Cosmetic Act (FDCA) 261Purpose and Programs 262Foods 263Drugs and Medical Devices 266Dietary Supplements 271Tobacco 275Chapter 14 Common Law: Toxic Torts 285Tort Law: An Overview 286Toxic Torts 293Causes of Action 293Causation Problems in Toxic Tort Litigation 301Scientific Evidence 303Scientific Evidence in the Courtroom 307Mass Litigation 309Pushing the Envelope 310Glossary 315Acronyms 331Resources and Additional Reading 335Index 339