This course will expose students to common law and administrative approaches for addressing actual and potential public health and environmental harms from toxic substances. The course will begin by examining common law approaches, including theories of liability, causation, admissibility of evidence, proximate cause, damages, defenses, apportionment among multiple parties, and procedural issues. The course will then look at regulatory approaches to risk assessment and risk management and at specific federal laws to address toxic exposures in the workplace (OSHA), of hazardous waste (RCRA and CERCLA (Superfund)), and of potentially toxic products (FIFRA, TSCA). Throughout the course, students will learn about how individuals and groups, including low-income and people-of-color communities, have sought redress for the toxic exposures they have faced. The course is a complement to Professor Kim’s Environmental Law: Air, Water, and Animals course; neither is a prerequisite for the other, and the two share little overlap. A series of research papers is required (20-25 pages). Participation may be considered in final grading.
Mon Wed Thu : 01:35 PM-02:40 PM