class 27 law policy of toxic hazardous substances cofc fall 2010 n.
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Class 27: Law & Policy of Toxic & Hazardous Substances CofC Fall 2010. Environmental Policy. Fed Law: Cradle to Grave. Biggest issue : Trying to regulate chemicals/toxics from cradle (development of chemical) to its use and ultimately its waste stream.

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fed law cradle to grave
Fed Law: Cradle to Grave
  • Biggest issue: Trying to regulate chemicals/toxics from cradle (development of chemical) to its use and ultimately its waste stream.
  • Problem: requires massive regulation structure and bureaucracy to oversee, test, monitor and implement controls
    • Not enough manpower, infrastructure, or financial resources to govern this linear system
regulating toxics
Regulating Toxics
  • Toxic Substances Control Act
    • Regulates Chemical manufacturing and Distribution
  • Resource Conservation and Recovery Act
    • Regulates Solid Waste
  • Superfund
    • Regulates abandoned and uncontrolled hazardous waste dumps
  • Food Quality Protection Act
    • Regulates pesticide use—food. Based on “a reasonable certainty of no harm” and tight risk standards.
    • Consumer “right to know” requires brochures in stores on health effects of pesticides
few success
Few Success
  • Very few success stories
  • PCB  used in electrical equip
  • Domestic use of very harmful pesticides: DDT, aldrin, dieldrin, etc
  • Asbestos
  • Aerosols and CFCs Banned
  • Problem: regulatory nightmare: obtaining data, interpreting vast integrated technical information, politics/lobbying, resources, experience in managing issues.
nimby problem
NIMBY Problem
  • Not in my Backyard  Wyoming Issue
  • Most often white collar prof, articulate and well educated
  • NIMBYism thrives because of fed/state laws that empower citizen activism  most states provide an outlet for direct citizen involvement
  • Behind this is ‘congressional mistrust, “a reflexive suspicion that the executive, if left to itself, would systematically under-enforce the law”
  • With hazardous waste  creates a serious political problem
      • Public hearings on hazardous facilities siting are the perfect venue to facilitating NIMBY that impose local costs/risks for national benefit