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Article
Setting the Bar for "Injury" in Environmental Exposure Cases: How Low Can It Go?
Faculty Scholarship
  • John C. Cruden
  • Carla Burke
  • John Guttmann
  • Robert V. Percival, University of Maryland Francis King Carey School of Law
Document Type
Article
Publication Date
9-1-2012
Keywords
  • toxic tort litigation,
  • property damage,
  • claims,
  • environmental contamination,
  • medical monitoring,
  • toxicological harm
Comments

Copyright© 2012 Environmental Law Reporter®, Washington, DC. Reprinted with permission from ELR®.

Abstract
On May 16, 2012, ELI convened a panel of experts to provide an overview and analysis of the tension between regulatory and common-law standards for injury in the context of toxic tort litigation. The speakers discussed and debated emerging trends in toxic tort litigation, including claims for property damage or medical monitoring regarding exposure to environmental contamination that never exceeds applicable regulatory standards. The panel also analyzed recent court opinions on the bounds of "injury" in environmental contamination cases and the potential for plaintiffs to recover damages based upon relatively low concentrations of chemicals. Issues explored by the panel included so-called single molecule theories of toxicological harm, the admissibility of expert testimony in support of such theories, and related federal or constitutional law theories, such as preemption, separation of powers and equal protection.
Publication Citation
42 Environmental Law Reporter 10785 (2012).
Disciplines
Citation Information
42 Environmental Law Reporter 10785 (2012).