The Regulation of Toxic Substances and Hazardous Wastes, Cases and Materials

John S. Applegate, Indiana University School of Law - Bloomington

Jan G. Laitos, University of Denver College of Law

Jeffrey M. Gaba, Southern Methodist University School of Law

Noah M. Sachs, University of Richmond School of Law

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Table of Contents

Teacher's Manual

The third edition is based on the experience of instructors who used previous editions, and it updates the topics, cases, and statutes covered in the second edition. It remains concise and focused on the topics that instructors use most. Specific changes include:

• Streamlined and updated coverage of risk assessment, risk management, and cost-benefit analysis.
• All important, recently decided toxic torts cases, addressing general and specific causation, mass tort litigation, continuing and permanent torts, public nuisances, emotional distress, and failure to warn, are included.
• Key recent cases interpreting the 1990 Clean Air Act Amendments (United States Sugar) and the role of cost in regulation (Michigan v. EPA) are added, as well as developments in California’s regulation of toxics.
• The Frank R. Lautenberg Chemical Safety for the 21st Century Act of 20xx, often called “The New TSCA,” makes many important changes to the law’s operations, which are covered in detail.
• Inclusion of the recent RCRA “legitimacy criteria” decision, American Petroleum Institute v. EPA, as a principal case.
• Incorporation of EPA's new treatment of Very Small Quantity Generators, as well as EPA’s new organization of its regulations to address the export of hazardous waste.
• Inclusion of the solid waste “matrix” to facilitate student review of the definition of solid waste.
• The "Big Four" United States Supreme Court CERCLA cases - Bestfoods (1998); Aviall (2004), Atlantic Research (2007); Burlington Northern (2009) – remain the center of the analysis, and new cases applying them are included.
• The emerging issue in the West of CERCLA’s application to the problem of abandoned mines, and its shortcomings as a remedy for water pollution, are featured.

Learn more about this series.