Volume 86, Issue 7

Symposium: Harnessing the Power of Information for the Next Generation of Environmental Law

In the area of environmental law it is a challenge to manage complex scientific, technical, and economic information, especially because much of that information involves an inherent level of uncertainty. The twelve articles in this year’s Symposium Issue tackle the topic “Harnessing the Power of Information for the Next Generation of Environmental Law.” The articles cover a wide range of subjects, from the use of tort litigation to generate relevant information and influence regulatory policy, to the activities of local environmental organizations that collect their own air-quality measurements.

The foreword, written by Douglas A. Kysar and James Salzman, provides a framework that highlight the connections among the articles. Professors Kysar and Salzman explain that the Symposium Issue is focused not on the scientific advances that have improved the quality of environmental information available, but rather on how that information is collected, used, and distributed. They list regulated industries, agencies, academia, and civil society as the groups responsible for the collection and construction of environmental information. That information will be used (and abused) in the regulatory decision-making process. Civil society, regulated industries, plaintiffs, the media, and the public will seek access to that information and have information disseminated to them. Additionally, special interest groups may have the ability to impact the flow of information, and even to manufacture the information itself.

Profs. Douglas A. Kysar & James Salzman
86 Texas L. Rev. 1347 (2008)

Synopsis not available.

I. Collection and Construction of Information

Prof. John S. Applegate
86 Texas L. Rev. 1365 (2008)

This Article explains how the regulation of toxic chemicals has evolved as a risk-based system with an increasing demand for chemical information that far outstrips the supply.  This information gap hinders regulation, a problem Professor Applegate analyzes from the viewpoint of both supply and demand, and for which he ultimately proposes the use of demand-side solutions.  Professor Applegate traces the history of chemical regulation and its shifting reliance on two different meanings and functions of risk.

Prof. Bradley C. Karkkainen
86 Texas L. Rev. 1409 (2008)

Synopsis not available.

Prof. Thomas O. McGarity
86 Texas L. Rev. 1445 (2008)

The Environmental Protection Agency (EPA) has not traditionally taken an aggressive approach to the regulation of hazardous air pollutants (HAPs).  HAPs are toxic emissions (such as benzene), generally from industrial sources, that are usually emitted at much lower levels than “criteria” pollutants (such as ozone), but which tend to be more toxic.  EPA has only recently begun the process of promulgating standards addressing the “residual risks” of HAPs, which refers to the long-term health consequences of exposure to such chemicals.  All indications su

Profs. Christine Overdevest & Brian Mayer
86 Texas L. Rev. 1493 (2008)

Synopsis not available.

Prof. Mary Jane Angelo
86 Texas L. Rev. 1527 (2008)

Synopsis not available.

II. Use and Abuse of Information

Prof. Alyson C. Flournoy, Heather Halter & Christina Storz
86 Texas L. Rev. 1575 (2008)

Synopsis not available.

Prof. Holly Doremus
86 Texas L. Rev. 1601 (2008)

Starting with the observation that conflicts over environmental policy nearly always have a scientific dimension, this Article addresses the intertwined challenges of ensuring scientific integrity and ensuring political integrity—goals at once essential to accurate and useful policy choices, and difficult to achieve in a world of hotly contested environmental issues.  Professor Doremus explains that scientific integrity provides “a clear view of what the available evidence does and does not reveal about the environmental impacts of the status quo and available alternatives,

Prof. Daniel A. Farber
86 Texas L. Rev. 1655 (2008)

Synopsis not available.

Profs. Lynn E. Blais & Wendy E. Wagner
86 Texas L. Rev. 1701 (2008)

Synopsis not available.

Profs. Sidney A. Shapiro & Rena Steinzor
86 Texas L. Rev. 1741 (2008)

Synopsis not available.

III. Access and Dissemination of Information

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