Setting the Bar for 'Injury' in Environmental Exposure Cases: How Low Can it Go?

16 Pages Posted: 21 Sep 2012

See all articles by John Cruden

John Cruden

Environmental Law Institute

Carla Burke

Baron & Budd, P.C.

John Guttmann

Beveridge & Diamond, P.C.

Robert V. Percival

University of Maryland - Francis King Carey School of Law

Date Written: September 2012

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.

Keywords: toxic tort litigation, property damage, claims, environmental contamination, medical monitoring, toxicological harm

Suggested Citation

Cruden, John and Burke, Carla and Guttmann, John and Percival, Robert V., Setting the Bar for 'Injury' in Environmental Exposure Cases: How Low Can it Go? (September 2012). Environmental Law Reporter, Vol. 42, No. 9, 2012, p. 10785+, U of Maryland Legal Studies Research Paper No. 2012-52, Available at SSRN: https://ssrn.com/abstract=2149517

John Cruden

Environmental Law Institute

2000 L Street, NW, Suite 620
Washington, DC 20036
United States

Carla Burke

Baron & Budd, P.C.

3102 Oak Lawn Avenue #1100
Dallas, TX 75219
United States

John Guttmann

Beveridge & Diamond, P.C.

1350 I Street, N.W.
Washington, DC 20005
United States

Robert V. Percival (Contact Author)

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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