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   Risk Law & Policy
Contact Mary Bryant, RiskWorld staff, e-mail bryant@tec-com.com.

AgricultureLaw.com

A site dedicated to providing farmers and ranchers with the most complete source of timely information and ideas on agricultural policy.
http://www.agriculturelaw.com
Center for Regulatory Effectiveness

Established in 1996, after the passage of the Congressional Review Act, to provide Congress with independent analyses of agency regulations, CRE has grown into a nationally recognized clearinghouse for methods to improve the federal regulatory process. Its primary goals are to ensure (1) that the public has access to data and information used to develop federal regulations and (2) that information which federal agencies disseminate to the public is of the highest quality.

The CRE web includes an "Interactive Public Docket" for ongoing review and analysis of proposed federal rules and policies. The docket contains submitted comments and papers on proposed federal initiatives, establishes interactive exchange between those favoring and those opposing proposed rules, and links to agency web sites to facilitate communication with key government decision makers. Issues that CRE web has addressed include data access; data quality; regulation by litigation, by information, and by appropriation; and the  Department of Health and Human Services/National Toxicology Program's forthcoming "9th Report on Carcinogens." In addition, CRE web maintains a Watch List of regulations that have the potential to impose unwarranted regulatory burdens on consumers, small businesses, state and local governments, and corporations; includes an Emerging Regulatory Issues section designed to make readers aware of societal developments that have the potential to lead to federal government regulation; provides a Consumer Response Service to encourage effective communication between the public and business; and publishes an electronic newsletter that notifies subscribers about new content, site changes and additions, and other relevant issues. (Posted January 2000.)

http://www.thecre.com/

Daubert v. Merrell Dow Pharmaceuticals, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993)

United States Supreme Court, on writ of certiorari to the United States Court of Appeals for the Ninth Circuit [Argued March 30, 1993-Decided June 28, 1993.] In addition to Justice Blackmun's majority opinion, this site contains a syllabus (headnote) of the case, and the Chief Justice Rehnquist's opinion, with whom Justice Stevens joined, concurring in part and dissenting in part. The case deals with federal rules of evidence concerning the admissibility of scientific evidence. In particular, it dealt with the admissibility of evidence about the risks of serious birth defects associated with the mothers' prenatal ingestion of a prescription drug marketed by respondent. The case was remanded, and the Ninth Circuit issued a new opinion in 1995.

Some recent cases citing Daubert include:

  • Cook v. American Steamship Company,
  • American & Foreign Insurance Co. v. General Electric Co.,
  • Christopher v. Cutter Laboratories,
  • Wheat v. Pfizer,
  • United States v. Posado et al.,
  • Carroll v. Morgan,
  • Marcel v. Placid Oil Company,
  • United States v. Ridlehuber,
  • United States v. McCaskey.
  • (Posted April 1996.)

    ftp://ftp.cwru.edu/hermes/ascii/92-102.ZO.filt
    Environmental Law Institute (ELI)
    ELI's missions is to advance environmental protection by improving law, policy, and management." ELI is distinguished from other environmental organizations by its pragmatic emphasis on implementation of environmental law and policy, and on building the
    capacity of the people and the institutions that carry implementation forward. ELI researches pressing problems, educates professionals and citizens about the nature of these issues, and convenes all sectors in forging effective solutions. ELI fosters an environmental ethic by creating a partnership of lawyers, managers, policymakers, and citizens committed to sustainable development. (Posted September 2000.)
    http://www.eli.org/

    The Green Lane™

    Environment Canada's Web site, the Green Lane, is a gateway to environmental issues such as sustainable development, climate change, clean air, water, weather and nature. From fact sheets and databases to policy and regulations, the Green Lane is a comprehensive resource for information on science, technology, policy, environmental action, tips, news, and more. The site is provided in English or French. (Posted April 2000.)
    http://www.ec.gc.ca/

    Inside Washington Publishers' Online Document Service

    Inside Washington Publishers specializes in reporting information on federal policy making in environment, defense, trade, telecommunications, energy, and other big-dollar, high-impact areas through some 23 newsletters, such as Inside EPA Weekly Report and Risk Policy Report, that are available by subscription. Its online document service, which provides Inside Washington subscribers with key documents relating to policy and other developments in the areas of energy and environment, health care, the U.S. Food and Drug Administration, the U.S. Occupational Safety and Health Administration, civil aviation, and telecommunications is also accessible to the public. (Posted March 2000.)
    http://www.iwpextra.com/

    Jenner & Block Environmental Law Department

    The attorneys in Jenner & Block's Environmental Law Department have been involved in litigation and enforcement matters involving all of the federal environmental laws and the laws of many states. They also have addressed environmental issues in complex transactions, such as real estate transactions involving brownfields, mergers, asset sales, initial public offerings, and the creation of real estate investment trusts. (Posted December 6, 1996.)
    http://www.jenner.com/
    Litigation Risk Management Institute
    Founded in 1988, Litigation Risk Management Institute provides consulting and training in the application of decision tree risk analysis to litigation and settlement. They provide a structured, rigorous framework that accounts for the relevant legal and factual issues, which makes it possible to understand and manage litigation risk, to determine appropriate settlement valuations, and to develop the most effective litigation and settlement strategies while accounting for any potential business consequences. This approach enables their clients to clearly communicate and defend their actions to corporate management. (Posted May 2007.)
    http://www.litigationriskmanagement.com/

    Office of Risk Assessment and Cost-Benefit Analysis
       in U.S. Department of Agriculture's Office of the Chief
       Economist

    The Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 established ORACBA, which began operation on April 15, 1995. The office's primary role is to ensure that major regulations proposed by USDA--those concerning human, health, safety, or the environment and having an annual economic impact of at least $100 million (1994 dollars)--are based on sound scientific and economic analysis. For such regulations, the Reorganization Act requires USDA to conduct a thorough analysis that makes clear the nature of the risk, alternative ways of reducing it, the reasoning that justifies the proposed rule, and a comparison of the likely costs and benefits of reducing the risk. The office publishes a quarterly newsletter for risk assessment professionals, ORACBA News, which is available on line. (Posted May 2000.)

    http://www.usda.gov/agency/oce/oracba/

    Phantom Risk: Scientific Inference and the Law

    Edited by Kenneth R.Foster, David E. Bernstein, and Peter W. Huber, Copyright 1993 Massachusetts Institute of Technology. Phantom risks are risks whose very existence is unproven and perhaps unprovable, yet they raise real problems at the interface of science and the law. Phantom Risk surveys a dozen scientific issues that have led to public controversy and litigation -- among them, miscarriage from the use of video display terminals, birth defects in children whose mothers use the drug Bendectin, (see Daubert v. Merrell Dow Pharmaceuticals) and cancer from low-intensity magnetic fields and from airborne asbestos. It presents the scientific evidence behind these and other issues and summarizes the resulting litigation. (Posted April 1996.)
    http://khht.com/huber/pha/pha.html

    The Prop 65 Page

    California's voters passed Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which addressed citizens' concerns about exposure to substances "known to the state to cause cancer and reproductive toxicity." The law prohibits businesses from discharging such chemicals into sources of drinking water and requires that warnings be given to individuals exposed to them. This web, developed and maintained by Jeffrey B. Margulies of the Haight, Brown & Bonesteel law firm, provides a general overview of the act, links to other Prop 65 sites and documents, and current developments in the legislative, regulatory, and litigation fields. (Posted February 2000.)
    http://www.calprop65.com/

    Reference Manual on Scientific Evidence

    The purpose of this manual is to assist judges in managing expert evidence, primarily in cases involving science and technology. Reference guides are included on epidemiology, toxicology, survey research, forensic DNA evidence, statistics, multiple regression, and estimation of economic loss in damages awards. The manual is a publication of the Federal Judicial Center, the federal courts' agency for research and continuing education. (Posted April 1996.)
    http://www.fjc.gov/docs/science/sc_ev_sec.html
    Regulations.gov
    At Regulations.gov, a single on-line rulemaking system for the entire United States government, the American public may find, review, and submit comments on proposed rules from all federal agencies that are open for comment and are published in the Federal Register. This website is one of the first initiatives implemented in the Bush Administration's management agenda for E-government (see PDF version of the document "E-government Strategy." (Posted January 2003.)
    http://www.regulations.gov/
    Regulatory and Policy Analysis Program Area of the Argonne National Laboratory Environmental Assessment Division
    Regulatory and Policy Analysis Program Area integrates science, engineering, and law in studies that support federal agencies' environmental policy development and implementation. Program activities have included evaluating regulatory, legislative, and compliance issues; preparing and implementing guidance and training programs; designing and implementing public involvement strategies; and carrying out field applications. The program area's Web site lists and summarizes the projects and links to more detailed project information. (Posted November 12, 1997.)
    http://www.ead.anl.gov/~web/newead/prgprj/rpa/rpa.html
    Risk Assessment & Policy Association
    The goals of the Risk Assessment & Policy Association are as follows: to promote multidisciplinary research on the theory and practice of risk assessment and management; to foster intellectual exchange among researchers, risk assessors and policy makers; to encourage public involvement in risk assessment and management; to examine the use of risk assessment in legislative, regulatory and other policy deliberations; and to study the use of risk analysis in decision making. The association publishes its official journal Risk: Health, Safety & Environment. (Posted April 1996.)
    http://www.fplc.edu/risk/rapa.htm
    Risk Legislation Information at the Thomas World Wide Web Site

    This service of the Library of Congress includes the following information:

  • S. 343, the Comprehensive Regulatory Reform Act of 1995, as Reported in the U.S. Senate
  • S. 343, the Comprehensive Regulatory Reform Act of 1995, as Referred to an Additional Committee)
  • H.R. 1022, the Risk Assessment and Cost-Benefit Act of 1995, as Passed by the U.S. House of Representatives on February 28, 1995
  • H.R. 1022, the Risk Assessment and Cost-Benefit Act of 1995, as Introduced in the U.S. House of Representatives
  • H.R. 1022, the Risk Assessment and Cost-Benefit Act of 1995, as Referred to Committee
  • Congressional Record on H.R. 1022 on Feb. 27, 1995
  • Congressional Record on H.R. 1022 on Feb. 28 1995
  • Vote on House Resolution 96, Providing for the Consideration of H.R. 1022
  • (Posted April 1996.)

    Risk Legislation Remarks
  • EPA Administrator Carol Browner's Statement on H.R. 1022 on Feb. 28, 1995
  • EPA Administrator Carol Browner's Statement on S. 343 on April 27, 1995
  • Remarks by President Clinton at a Regulatory Reform Event at the White House
  • Science Court Symposia
    The papers from two symposia on the Science Court were published in volumes four and six of Risk: Health, Safety & Environment, the journal of the Risk Assessment & Policy Association, and are now available on-line. Volume four presents a 25-year retrospective on the Science Court, and volume six includes papers presented at a conference on the theme "Which Scientist Do You Believe? Process Alternatives in Technological Controversies," which was held October 6-7, 1994. (Posted April 1996.)
    http://www.fplc.edu/scict/contents.htm
    SRA Risk Science & Law Specialty Group
    The Risk Science & Law Specialty Group of the Society for Risk Analysis is a group of scientists, lawyers, and others interested in the interface between risk assessment and laws, regulations, and courtroom proceedings. The group’s goal is to "provide leadership in collaborative scientific and legal research and in identifying and illuminating issues that arise from risk-related legislative acts, regulatory rules, and judicial proceedings. (Posted November 1999.)
    http://www.riskworld.com/risksciencelaw/default.html
    Strategic Safety, LLC
    This "partnership dedicated to promoting safety and injury reduction" provides research, investigation, analysis, and education on safety issues, including product safety and product defects, and delivers strategies that address product hazards. Strategic Safety specializes in motor vehicle issues but is also experienced in areas including safety policy and regulation, injury biomechanics, liability, environmental dangers, and consumer, industrial, and medical products and practices. The company's web includes news articles and special investigations sections, as well as samples from Strategic Safety News, a bimonthly newsletter. (Posted August 2000.)
    http://www.strategicsafety.com/


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