Perchlorate: A Scientific, Legal, And Economic Assessment Book

Perchlorate, a naturally occurring and synthesized chemical, is generating intense publicity, scientific debate, regulatory scrutiny and litigation across the United States. The substance has been widely used for over 60 years in the production of rocket fuel, flares, fireworks, electronics and munitions, but did not emerge as a significant environmental issue until the mid-1990s, when improved analytical testing methods permitted its detection in groundwater at 4 parts per billion. As of 2005, perchlorate has been detected in 49 of the 50 states and is the focus of mounting regulatory enforcement actions and widespread civil litigation. Perchlorate's effects on human health and the environment are hotly debated in the medical and environmental communities. Neither state nor federal regulators have been able to agree upon a "safe" level of perchlorate in water supplies. Authorities do agree that, once in water, perchlorate can persist for several decades and migrate through aquifers at the same rate as groundwater. Given its pervasive nature and potential adverse impact, disputes over remediation requirements and the basis for imposing liability continue despite the absence of uniform regulatory standards. Perchlorate: A Scientific, Legal, and Economic Assessment is designed to educate and inform business, environmental, legal and academic audiences about the history and development of the perchlorate controversy and provide practical advice and guidance to those involved in perchlorate litigation, remediation and regulation. Written by environmental and toxic tort attorneys, scientists, engineers and medical specialists, the book addresses legal, scientific, economic and health aspects of perchlorate. Starting with a discussion of perchlorate sources and paths of release into the environment, the authors cover potential health effects in humans and animals, current and historical trends in environmental regulation, methods of determining contamination levels and current remediation technologies. The book also identifies and discusses existing and anticipated liability theories and damage claims asserted in perchlorate litigation. The authors explain the theories of environmental liability, identify the tort claims most commonly asserted in environmental litigation, and provide an overview of environmental class actions. The book includes chapters covering key practical issues raised in perchlorate litigation, such as estimating monetary damages, the retention and use of experts, and obtaining insurance coverage for liabilities. These important topics will assist legal professionals involved in current perchlorate litigation and provide a broad base of knowledge to apply in future environmental contamination litigation.