Environmental Law
Explain the process of risk assessment.
The process begins with the identification of hazards. This entails identifying a potential carcinogen and comparing the substance’s chemical and physical features with those of a familiar carcinogen. The second step involves establishing people’s response to different exposure levels. The 3rd step entails establishing the populations that would be exposed to the hazard and the amounts of exposure (Kubasek & Silverman, 2013). In the last step, the extent of the public health problem is estimated.
Explain the statutory scheme for the regulation of existing toxic chemicals.
Toxic Substances Control Act (TSCA) was designed to control toxic chemicals. According to the Act, the industry must formulate data on the effects of chemicals to the environment, and the government must take an active role in averting unreasonable risk of injury to the environment or health.
List the criteria for registration of a pesticide under FIFRA.
• the composition of the pesticide is such as to prompt the recommended claims for it
• the labelling on it adheres to the act
• the pesticide will carry out its intended purpose
• the pesticide will not present unreasonable risk to the environment when utilized according to the commonly utilized practice (Kubasek & Silverman, 2013)
What is the rationale for allowing a private party to recover punitive damages in a toxic tort case?
A private party is allowed to recover punitive damages when FIFRA is violated, and when negligence and strict product liability are evident.
Should laws exclude hazardous wastes from households and very small-quantity generators from regulation?Should there be a different level of protection at hazardous waste landfills from that at sanitary landfills?
In my opinion, hazardous wastes from households and very small-quantity generators should not be excluded from regulations. This is because they have the potential of damaging the environment significantly if left unregulated. No, I believe that there is no need for a different level of protection at hazardous waste landfills from that at sanitary landfills.
Why is CERCLA commonly referred to as Superfund? Was this appropriate when the law was passed? Is this appropriate now?
CERCLA is commonly referred to as Superfund because it gives Superfund the authority to cleanup responses. The law was appropriate when it was passed as it served to regulate unacceptable dangerous waste practices. The law is still suitable now.
What groups must be represented in emergency planning? Are there other groups that should be represented?
The groups include state and local officials, environment officials, the media, community representatives and public health officials
What is the difference between a removal action and a remedial action?
Removal actions are instant, temporary responses that aim at protecting individuals from threats posed by hazardous wastes. Remedial actions are long-term cleanups formulated to avert the release of dangerous substances.
Reference
Kubasek, N. K., & Silverman, G. S. (2013). Environmental Law. Prentice Hall.
