Toxic Torts & Environmental Law
DRI Toxic Torts and Environment Law Committee
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Science and Strategy: Endocrine Disruption Injury Claims
Benjamin R. Dwyer and Samuel Goldblatt
Essential Assessment: Lead Paint Injuries—Causation and Discovery
Robert J. McCaffrey, Julie K. Lynch and William J. Greagan

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Supreme Court Still Divided Over how to Interpret Express Preemption Provisions
Larry Ebner 6/11/2014

Most of the commentary on the Supreme Court’s June 9 decision in CTS Corp. v. Waldburger has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of years, extinguish environmental and toxic tort claims—even if the plaintiff-friendly state statute of limitations that § 9658 of CERCLA mandates has not run its course. view more

Environmentalists Support Fracking But with Important Reservations
Bill Ruskin 3/18/2014

It is necessary that natural gas be substituted for coal and oil as an energy source if the world is to have any chance of avoiding runaway greenhouse gas (“GHG”) emissions, particularly from the developing world. At present, it is unrealistic to expect renewable energy sources (solar, wind and geothermal) to serve as a foundation for national energy policy. In the United States, even with the best use of conservation, energy efficiency and renewables, the combination of these various “alternatives” will not become a substitute for fossil fuels for a very long time. view more

Military's Embrace of Clean Energy Reduces Combat Casualties
William A. Ruskin 12/16/2013

The Army’s development of clean domestic energy resources strengthens national security and plays an important role in helping it to achieve its primary mission. As the world's largest consumer of energy, the military's recognition of the importance of reducing energy use and diversifying energy supplies, particularly beginning a shift from oil, has important ramifications for the economy and the environment. view more

Research Data from Published Papers Generally Should Be Available
Nathan A. Schachtman 7/23/2013

Mr. Ruskin’s blog post calls attention to the important problem of access to research data in litigation and other contexts. The effort to obtain Dr. Racette’s underlying data is an interesting case study in these legal discovery battles. view more

When Should Data Underlying Scientific Studies Be Discoverable?
Bill Ruskin 7/22/2013

There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may result when a scientist, who has taken no part in litigation, is served with a lengthy subpoena requiring him to devote large chunks of time to produce the required information. view more

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