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Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Faculty Scholarship
The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.
Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer
Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer
Faculty Scholarship
Whether fracking is an abnormally dangerous activity for purposes of strict liability appears to be an issue of first impression. That larger issue primarily turns on a smaller one: whether fracking accidents—or “fraccidents”—are avoidable or unavoidable. To that end, this Comment argues that when practiced with reasonable care and in the vicinity of other petroleum production, fraccidents are avoidable, and thus, fracking is not abnormally dangerous. Instead of strict liability, courts should combine a negligence standard with res ipsa loquitur to determine liability of fracking companies that contaminate water sources. First, this Comment will present background on the process and …