Chemical Risk Governance

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Chemical Risk Governance

9781785360350 Edward Elgar Publishing
Edited by Adam D.K. Abelkop, Associate Professor and Director of Legal Writing, University of San Francisco School of Law, US, Lucas Bergkamp, Senior Policy Adviser, European Governance & Sustainability Center, The Conference Board, Belgium, Lynn L. Bergeson and Bethami Auerbach, Bergeson & Campbell, P.C. US
Publication Date: 2023 ISBN: 978 1 78536 035 0 Extent: 650 pp
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.

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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.

Contributors
Contributors include: Adam D.K. Abelkop, Mary Jane Angelo, John S. Applegate, Bethami Auerbach, Lynn L. Bergeson, Lucas Bergkamp, Micah L. Berman, Ágnes Botos, Katinka M. Brouwer, Lisa R. Burchi, Jonathan Carlson, Terence J. Centner, Jonathan Cocker, Carl Cranor, Rhys G. Daniels, Gyöngyi Dávid, Thomas J. de Römph, Ulrich Ellinghaus, Herb Estreicher, Valerie Fogleman, Jeffrey M. Gaba, Anna Gergely, Nicolas Herbatschek, Carla N. Hutton, Zoltán Illés, Alexandre Salomão Jabra, Courtney G. Lee, Erika Lietzan, Anita Lloyd, Timothy D. Lytton, M.E. (Bette) Meek, Doris Peters, Jan Popma, Zameer Qureshi, D’Arcy Rapp, Maren Rectanus, Kenneth R. Richards, David Roe, Noah M. Sachs, Dayna Nadine Scott, Mark Templeton, Lara Tessaro, David A. Wirth, Patricia J. Zettler
Contents
Contents:

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
.gnes 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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