Environmental Claims Journal最新文献

{"title":"Omnipresent Chemicals: TSCA Preemption in the Wake of PFAS Contamination","authors":"Frederick A. McDonald","doi":"10.1080/10406026.2020.1754631","DOIUrl":"https://doi.org/10.1080/10406026.2020.1754631","url":null,"abstract":"Abstract Given the amplified concern surrounding PFAS, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act, states looking to regulate the manufacturing or looking to ratify a state-wide ban on the manufacturing of such chemicals may face preemption under actions taken by the U.S. EPA. This article focuses on the possible loss of state autonomy with regards to PFAS regulation and addresses issues states might face given the restrictive nature of the newly enacted preemption provisions of TSCA.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"265 - 288"},"PeriodicalIF":0.0,"publicationDate":"2020-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1754631","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43718532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Green New Deal Must Preserve the Existing Nuclear Fleet","authors":"Ian R. Curry","doi":"10.1080/10406026.2020.1690227","DOIUrl":"https://doi.org/10.1080/10406026.2020.1690227","url":null,"abstract":"Abstract As the largest source of carbon-free energy in the United States, nuclear energy must play a vital role in reducing emissions. This article suggests the Green New Deal, an ambitious federal proposal to address climate change, should aim to preserve the existing nuclear fleet by authorizing states to establish zero emission credit (“ZEC”) programs. The ZEC programs will provide credits, in the form of revenue, for the carbon-free attribute of nuclear energy. This article posits the ZEC programs should be based on a model ZEC program developed by the Federal Energy Regulatory Commission and explicitly authorized by amendment of the Federal Power Act to avoid issues of preemption.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"100 - 77"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1690227","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47871467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legacy Contaminants of Emerging Concern: Lead (Pb), Flint (MI), and Human Health","authors":"R. Michaels","doi":"10.1080/10406026.2019.1661947","DOIUrl":"https://doi.org/10.1080/10406026.2019.1661947","url":null,"abstract":"Abstract As a heavy metal industrially mined for millenia, lead (Pb) is a legacy contaminant. It is also a contaminant of emerging concern because of its persistence, toxicity, and recent discovery of its resurgence in drinking water serving homes and schools, recently and most notoriously in Flint, Michigan. Concern about lead, however, has reemerged beyond Flint, exemplifying adoption of bad science policy despite availability of relevant good science. Much is known about lead toxicity, and profiled here. Whereas adults chronically exposed to lead may experience peripheral neuropathy, infants and children are more susceptible. They constitute sensitive subpopulations because their blood-brain barriers are immature, making them susceptible to central nervous system effects, most notably reduced IQ, when lead penetrates to developing brains. Failure to protect disadvantaged populations in Flint and beyond despite availability of proven science and inexpensive technology also exemplifies instances of environmental injustice. Emerging concern about lead thus illustrates failure of social as well as science policy. A critical lesson to be learned is that vigilance must be maintained, as knowledge about lead exposure and toxic effects provided by science does not automatically result in consistent and evenhanded legal and regulatory protection provided by government.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"45 - 6"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1661947","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45361229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Removal of Dyes using Wheat Husk Waste as a Low-Cost Adsorbent","authors":"D. Vasu, Shashi Kumar, Y. K. Walia","doi":"10.1080/10406026.2019.1669908","DOIUrl":"https://doi.org/10.1080/10406026.2019.1669908","url":null,"abstract":"Abstract Color removal from wastewater has been a matter of concern, both in the esthetic sense and health point of view. Color removal from textile effluents on a continuous industrial scale has been given much attention in the last few years, not only because of its potential toxicity, but also due to its visibility problem. The ability of wheat husk to act as biosorption medium in the removal of dyes from aqueous solution was successfylly investigated. The analysis of dye remaining in the solution was done colourimetrically using a spectrophotometer. It may be concluded that easy availability and suitability for production of bioadsorbent from wheat husk makes it one of the materials that can be used for removal of RB 19 and RB 195 from waste water.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"67 - 76"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1669908","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48911222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editor’s Note","authors":"Howard M. Tollin","doi":"10.1080/10406026.2019.1711342","DOIUrl":"https://doi.org/10.1080/10406026.2019.1711342","url":null,"abstract":"Too many companies face significant financial exposure by not having the right insurance in place when there is an environmental claim. General liability insurance policies and property policies exclude most fact patterns involving alleged or actual environmental or pollution damages. The decision to leave a gap in insurance and self-insure environmental exposures should be a thoughtful one, particularly when there are more emerging cancer-causing chemicals being studied and regulated, and a greater variety of detection equipment are being utilized. My 2019 Environmental Claims Journal Editor’s Note addressed emerging contaminants 1,4 Dioxane, and Perfluoroalkyl substances (PFA’s) now the topic of a current movie Dark Waters, resulting in much more expensive remedial investigations and cleanups. The New York State Department of Environmental Conservation (NYSDEC) announced in 2019 they are requiring testing for this new class of chemicals for projects under NYSDEC’s supervision. In the past two years, New York State has set aside over $500 million to upgrade water treatment systems to include an Advanced Oxidation Process because these contaminants are, unfortunately, already in our drinking water. On December 9, 2019, Governor Cuomo approved legislation eliminating the sale of products containing 1,4-dioxane in New York State. Prior studies by the USEPA estimated more than 25,000 prior dry cleaners had used perc/PCE which contaminated the dry cleaner’s site and neighboring properties. One tablespoon of PCE is enough to contaminate two Olympic-sized swimming pools. Pending toxic tort litigation often involves vapor intrusion from solvents such as PCE to the neighboring residences, schools and other buildings which are located above the soil and groundwater plumes. The spillage of solvents was common from storage leaks, transfers, equipment failures, septic systems and sewers, and improper waste disposal in backyards and dumpsters. While PCE testing and remediation is ongoing, numerous other contaminants are regularly detected in the process creating liability disputes among property owners. For many large and small clients’ environmental liabilities have caused severe financial losses and some public relations disasters. In the past couple of years, we continue to experience claims frequency for asbestos exposures, fuel spills, mold contamination claims, lead ingestion and lead dust, carbon monoxide, legionella, sick building indoor air quality, vapor intrusion, chemical releases, silica and dust, PCBs, leaking sewer lines, midnight dumping of hazardous materials, and often offsite disposal based on waste manifests. In addition, a concern exists by many insureds, more than ever, regarding the intentional release of a bioterrorism agent, which can be a virus or bacteria, as there are more than 45 bioterrorism agents identified by the U.S. Center for Disease Control. The environmental insurance marketplace has evolved to cover the gap and provide s","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"1 - 5"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1711342","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41887043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmentally Unfavorable Areas in Russian Law and Post-Soviet Space","authors":"A. Anisimov, Inzhieva Bouinta Borisovna, A. Ryzhenkov","doi":"10.1080/10406026.2019.1656439","DOIUrl":"https://doi.org/10.1080/10406026.2019.1656439","url":null,"abstract":"Abstract The article suggests a new view on the issues of protection of environmental human rights in environmentally unfavorable areas. A diversity of approaches in Russia and republics of the former USSR granted a special legal status to areas which caused environmental harm due to natural disasters and manmade disasters, In addition, ineffective environmental policies allowed hazardous industries to pollute the environment for many years. New environmental legal solutions must be developed and implemented in developing countries with the active assistance of the international community to ensure environmental human rights on a global rather than national scale. The new proposed legal requirements should focus on the most environmentally impaired areas based on utilizing specific classifications and criteria.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"32 1","pages":"46 - 66"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1656439","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45567583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"BTEX Concentrations and Associated Health Risks at Urban Vegetative Sites in Delhi, India","authors":"Prabhat Kashyap, Amit Kumar, Krishan Kumar","doi":"10.1080/10406026.2019.1640441","DOIUrl":"https://doi.org/10.1080/10406026.2019.1640441","url":null,"abstract":"Abstract Benzene, toluene, ethylbenzene, and xylene (BTEX) compounds are known for their toxic effects. The ambient BTEX levels were studied at various urban vegetative locations of Delhi to assess the health risks involved. The average concentrations were higher for toluene and xylene among BTEX compounds. The cancer risks for benzene exceeded the benchmark limits of USEPA and WHO. The study suggests that the vegetative areas in Delhi are not safe for public health and regulatory bodies need to initiate some action.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"31 1","pages":"349 - 365"},"PeriodicalIF":0.0,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1640441","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46016773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Renewal Acute Toxicity of Broad-Spectrum Herbicide, Paraquat Dichloride in Channa punctatus (Bloch)","authors":"Irfan Ashraf Badroo, K. Wani, H. Nandurkar, Ashiq Hussain Khanday","doi":"10.1080/10406026.2019.1609796","DOIUrl":"https://doi.org/10.1080/10406026.2019.1609796","url":null,"abstract":"Abstract Paraquat dichloride (PD) is a major contaminant in aquatic environment and is a cause of concern to different organisms, especially to fishes, as it causes different changes in behavioral and morphological to aquatic creatures. Hence, the objectives of the study are to examine the acute toxicity, behavioral and morphological alterations in air-breathing teleost fish, Channa punctatus (CP) (Bloch). Renewal acute toxicity was performed to calculate the lethal concentration (LC50) by Finney’s probit analysis to CP by exposure to wide range of PD concentrations (30, 60, 90, 120, 150 mg/L) for 24, 48, 72 and 96 h. The LC50 values determined are 93.36, 82.22, 67.93 and 65.87 mg/L for 24, 48, 72 and 96 h, respectively. Maximum allowable toxicant concentrations (MATC) defined by LC50 value is found to be 0.6587 mg/L. The upper and lower 95 percent confidence limit (Fiducial limit) are in narrow range for 24, 48, 72 and 96 h, respectively, and thus results of the experiments are considered good. Fiducial limit calculated helps us to state that the LC50 falls within the specified limit and helps in constructing of toxicity curve. LC50 value gradually decreases with increase in time. Mortality rate was dose-time dependent and increased with increase in concentration. The behavioral changes provide biologically relevant endpoints in evaluating toxicity testing. Deviation from baseline behavior was noticed. Morphological deformities were also seen. The present study provides a clear indication of the toxicity of PD, and is highly toxic even at low level. Hence, it is recommended that appropriate eco-toxicological risk assessment should be made and indiscriminate use of PD by farmers should be discouraged particularly in areas close to aquatic environment.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"31 1","pages":"289 - 303"},"PeriodicalIF":0.0,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1609796","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43371140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction of Mandatory Vehicle Inspection and Its Impact on Health: Case of Georgia","authors":"Ana Lordkipanidze, Nana Bigvava, T. Verulava","doi":"10.1080/10406026.2019.1611043","DOIUrl":"https://doi.org/10.1080/10406026.2019.1611043","url":null,"abstract":"Abstract To fight atmospheric air pollution, the Georgian government has implemented a law about vehicle inspection. The aim of this survey is to determine under which conditions are owners of technically faulty vehicles ready to give up using technically faulty cars. Within the qualitative study the in-depth interviews were conducted. Taxi drivers think that this law is harmful to them though they appreciate the efficacy of vehicle inspections. Controls should be placed on the quality of fuel as part of the development of public transport while increasing awareness about the harmful effects of atmospheric air pollution.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"31 1","pages":"304 - 310"},"PeriodicalIF":0.0,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1611043","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45449234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A visualization approach to prioritizing insurance claims from complex, multi-PRP Superfund sites","authors":"Phillip J. Ludvigsen, S. Green, Josh Heltzer, John B. Lee","doi":"10.1080/10406026.2019.1619264","DOIUrl":"https://doi.org/10.1080/10406026.2019.1619264","url":null,"abstract":"Abstract The severity of environmental insurance claims related to large multi-PRP Superfund sites has grown over the last 30 years. When an insured files a Superfund-related claim, allocated costs to the insured are typically unknown. Assessing the insured’s likely share of future cleanup costs is challenging. This article proposes a simple approach that allows claims professionals to visualize where their insured stands relative to other PRPs' potential allocation of cleanup costs. The resulting color-coded “heat map” allows claims professionals to easily assess and prioritize potential insured losses. It also provides a starting point for settlement negotiations, thus reducing frictional costs.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"31 1","pages":"239 - 251"},"PeriodicalIF":0.0,"publicationDate":"2019-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1619264","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43851203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}