The Dilemma Of Toxic Substance Regulation
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| Author | : Carl F. Cranor |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 273 |
| Release | : 1993 |
| Genre | : Chemical industry |
| ISBN | : 0195113780 |
Justice requires that we tolerate the chance of such errors and that we resist the temptation to demand the most science intensive evaluation of each substance in order to protect individuals better from mistakes of undercompensation and underregulation. The role of science in the control of toxic substances is an important public philosophical issue, yet until now has received little discussion by philosophers. Regulating Toxic Substances addresses this subject in a way that speaks both to a well-informed public and to experts in several disciplines, including philosophy, risk assessment, environmental and tort law, environmental studies, and public health policy.
| Author | : John S. Applegate |
| Publisher | : |
| Total Pages | : 1262 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : |
This casebook provides a political, economic, and scientific context for toxic substance and hazardous waste law, along with key toxics statutes. The text of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act; and the Resource Conservation and Recovery Act are included, and different approaches to toxics regulation are suggested.
| Author | : Ernst Homburg |
| Publisher | : Berghahn Books |
| Total Pages | : 421 |
| Release | : 2019-08-01 |
| Genre | : Science |
| ISBN | : 1789203201 |
Although poisonous substances have been a hazard for the whole of human history, it is only with the development and large-scale production of new chemical substances over the last two centuries that toxic, manmade pollutants have become such a varied and widespread danger. Covering a host of both notorious and little-known chemicals, the chapters in this collection investigate the emergence of specific toxic, pathogenic, carcinogenic, and ecologically harmful chemicals as well as the scientific, cultural and legislative responses they have prompted. Each study situates chemical hazards in a long-term and transnational framework and demonstrates the importance of considering both the natural and the social contexts in which their histories have unfolded.
| Author | : R. Bal |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 360 |
| Release | : 2013-04-17 |
| Genre | : Technology & Engineering |
| ISBN | : 9401591016 |
All industrial countries have developed regulatory systems to assess and manage the risk of chemical substances to the working and natural environment. The pressure to harmonize these often specialized regulatory systems is increasingly strong at the international level. Such harmonization not only entails the assessment of particular chemicals, but also the way assessment procedures and their boundary with risk management is organized. As these initiatives intensify, they increasingly raise important questions of how to integrate national differences in the international regulatory arena. How will national consultation procedures relate to international decision-making on chemical risks? How will differences in national risk assessment procedures be accommodated? How will the international regulatory system be integrated with different national styles of regulation and government? Presenting the experiences and insights of both people from within the worlds of risk assessment and management and from the field of Science Studies, this book forms a state-of-the-art in the discussion on the Politics of Chemical Risk. By offering scenarios, or sketches of a regulatory future, it points to the choices that can be made and the opportunities to be explored. As such, it offers an agenda for environmental and occupational scientists, policy-makers and students of science and technology alike.
| Author | : John M. Mendeloff |
| Publisher | : MIT Press (MA) |
| Total Pages | : 352 |
| Release | : 1988 |
| Genre | : Business & Economics |
| ISBN | : |
In this provocative study, John Mendeloff shows that federal programs which set standards for toxic substances have twin dilemmas. The new standards that they establish are usually too strict and costly to justify the benefits they confer. But, at the same time, the slow pace of standard-setting means that many serious hazards are never addressed at all. Mendeloff argues that more extensive, but less strict, rulemaking could make both industry and workers better off and that changes in legislation are required to break the current stalemate. Mendeloff looks at workplace risks regulated, and not regulated, by OSHA. He discusses the thorny issue of how much our society should value the prevention of occupational disease deaths. His innovative investigation of "underregulation" brings together diverse data to show that moderate reductions in current exposure levels would often be beneficial. Regulating Toxic Substancesmakes a major contribution to our understanding of how regulation works by demonstrating that the strictness with which standards are set is a major cause of the slow pace. Administrative rulemaking procedures offer opportunities for those concerned about the reasonableness of standards - judges and other public officials, as well as the affected industries - to try to block or delay them. An important implication is that less strict standards would not necessarily reduce overall protection and might increase it. In a major discussion of regulatory reform, Mendeloff analyzes such alternatives to standard-setting as information and liability strategies and such generic changes in regulatory procedures as regulatory budget and regulatory negotiation. Finding that neither provides a sufficient response to the overregulation-underregulation problem, he proposes a three-step legislative package that could be applied at OSHA and other standard-setting agencies. John Mendeloff is a policy analyst affiliated with the Program in Science, Technology, and Public Affairs at the University of California, San Diego. This book is seventeenth in the series Regulation of Economic Activity, edited by Richard Schmalensee.
| Author | : Don DeWees |
| Publisher | : Oxford University Press |
| Total Pages | : 465 |
| Release | : 1996-01-04 |
| Genre | : Law |
| ISBN | : 0195358554 |
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
| Author | : James Hamilton |
| Publisher | : Cambridge University Press |
| Total Pages | : 374 |
| Release | : 2005-08-29 |
| Genre | : Business & Economics |
| ISBN | : 9780521855303 |
This 2005 text discusses the US Toxics Release Inventory Program and its impacts as a case study of legislation.
| Author | : Kathryn Harrison |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 250 |
| Release | : 1994-11-18 |
| Genre | : Political Science |
| ISBN | : 0773565051 |
Paying particular attention to how politicians and bureaucrats in the two countries deal with the scientific uncertainty that pervades environmental decision making, Harrison and Hoberg analyse case studies of seven controversial substances suspected of causing cancer in humans: the pesticides Alar and alachlor, urea-formaldehyde foam insulation, radon gas, dioxin, saccharin, and asbestos. They weigh the strengths and weaknesses of each country's approach according to five criteria: stringency and timeliness of the regulatory decision, balancing of risks and benefits by decision makers, opportunities for public participation, and the interpretation of science in regulatory decision making. The Canadian approach is exemplified by closed decision making, case-by-case review that relies heavily on expert judgement, and limited public debate about the scientific basis of regulatory decisions. In contrast, regulatory science in the United States is characterized by publication of lengthy rationales for regulatory decisions, reliance on standardized procedures for risk assessment, and controversy surrounding the interpretation of scientific evidence.
| Author | : Sidney Shapiro |
| Publisher | : Stanford University Press |
| Total Pages | : 288 |
| Release | : 2002-09-25 |
| Genre | : Law |
| ISBN | : 080477918X |
In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.
| Author | : Wesley A. Magat |
| Publisher | : MIT Press |
| Total Pages | : 306 |
| Release | : 1992 |
| Genre | : Business & Economics |
| ISBN | : 9780262132770 |
Their set of original studies of household chemicals, energy audits, and food risk labeling establishes guidelines for the design and evaluation of these informational regulations. How does risk labeling information on hazardous household chemicals and pesticides influence consumer behavior? While many studies speculate on the effects of risk information, Magat and Viscusi draw on a series of extensive surveys to assess the likely response. Their set of original studies of household chemicals, energy audits, and food risk labeling establishes guidelines for the design and evaluation of these informational regulations. Their findings also include new estimates of the valuation of nonfatal health risks, the first estimates in the literature of the role of altruism, and an assessment of the influence of irrational responses to risk. Although economists suggest that giving consumers information about potentially hazardous goods is preferable to direct regulation of product content, implementation of information regulation raises a host of issues that need to be addressed. Magat and Viscusi document the cognitive limitations that consumers have in processing information and break new ground by showing how, given this behavior, the informational regulations should be designed.Case studies assess the degree to which different kinds of consumers notice, remember, and heed printed warnings in a range of wordings and formats. They then examine risk valuation, showing how much consumers are willing to pay for increased product safety under various conditions. A concluding chapter synthesizes the results and discusses their implications for regulatory policy.
