Chemical Risk Governance

Author: Adam D.K. Abelkop; Lucas Bergkamp; Lynn L. Bergeson; Bethami Auerbach
Publisher: Edward Elgar Publishing
ISBN: 9781785360350
Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law.

Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals.

This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.

Foreword to the Encyclopedia xi

Jamie Benidickson and Yves Le Bouthillier

Foreword to Volume XII xii

Michael Faure

List of abbreviations xiv

Introduction to Volume XII 1

Adam DK Abelkop and Lucas Bergkamp

PART 1 GENERAL CONCEPTS

XII.1 Chemicals as regulatory targets 19

John S Applegate

XII.2 Chemical nomenclature: the sentinel at the gate of chemical legislation 35

Herb Estreicher and Rhys G Daniels

XII.3 Legislative basis – chemical risk assessment 48

ME (Bette) Meek

XII.4 Chemical testing and nonhuman animals 69

Courtney G Lee

XII.5 The regulation of toxics and environmental justice: the uneven distribution of pollution 89

Dayna Nadine Scott and Lara Tessaro

XII.6 Policy instruments in chemical risk governance 112

Adam DK Abelkop and Kenneth R Richards

PART 2 CHEMICALS IN PRODUCTS AND MANUFACTURING

XII.7 Regulation under the US Toxic Substances Control Act as amended by the Lautenberg Chemical Safety for the 21st Century Act 145

Adam DK Abelkop

XII.8 Risk management measures under the European Union’s REACH Regulation and CLP Regulation 172

Nicolas Herbatschek

XII.9 Leverage effect of public disclosure on risk management and risk assessment 185

David Roe

XII.10 International law governing chemical risk assessment and management 203

Noah M Sachs, David A Wirth, and Adam DK Abelkop

XII.11 Classification systems 225

Agnes Botos and Zolt.n Ill.s

XII.12 Global data sharing 245

Doris Peters and Maren Rectanus

PART 3 TYPES OF CHEMICALS AND EXPOSURES

XII.13 Case studies in regulatory concepts 267

Lynn L Bergeson, Bethami Auerbach, Lisa R Burchi, Carla N Hutton,

and Zameer Qureshi

XII.14 Pesticide regulation in the US 290

Mary Jane Angelo

XII.15 Pesticide law in the European Union 311

Anna Gergely and Gy.ngyi D.vid

XII.16 Medicines 330

Erika Lietzan and Patricia J Zettler

XII.17 Regulation of chemicals in food 344

Timothy D Lytton and Patricia J Zettler

XII.18 Tobacco regulation 360

Micah L Berman

XII.19 Worker protection and occupational health and safety legislation in the EU 376

Jan Popma

XII.20 Runoff from concentrated animal feeding operations, manure 396

Terence J Centner

PART 4 WASTE AND CONTAMINATION

XII.21 Overview of chemicals in waste streams 413

Jonathan Cocker and Ulrich Ellinghaus

XII.22 Definition of waste 422

Jeffrey M Gaba and Anita Lloyd

XII.23 Waste in European waste law: the Waste Framework Directive explained 441

Thomas J de R.mph

XII.24 International regulation of trade in chemicals 462

Jonathan Carlson

XII.25 Remediation of contaminated areas exposed to chemical substances 481

Alexandre Salom.o Jabra

PART 5 LIABILITY

XII.26 Toxic torts in Europe 501

Lucas Bergkamp and Katinka M Brouwer

XII.27 The role of tort law in environmental health protections: how scientific evidentiary standards change tort litigation 522

Carl F Cranor

XII.28 Asbestos litigation and regulation in the US 543

D’Arcy LR Rapp

XII.29 Liability for contaminated land 565

Mark Templeton

XII.30 Environmental liability insurance 581

Valerie Fogleman

Index

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