The Emissions Inventory: Toxic Tort Liability Exposure and the Industrial Emitter

摘要

Emissions inventories are required under the federal Clean Air Act and other federal, state, and local regulatory programs. Sources subject to these programs must compile a detailed inventory of the nature and quantity of their emissions and submit them to the appropriate regulatory authorities, where they become public record. The government and citizens have already made use of this information as evidence in enforcement actions under the Act and other federal and state environmental laws. Given the increasing availability of this information, private parties may now seek to use this information to impose liability in toxic tort actions. This paper identifies the industrial emitter's expanded liability exposure and recommends steps to help minimize the risk of toxic tort liability. First, the paper surveys emissions inventory data requirements and examines the breadth and availability of this information to the public. Second, the paper provides an overview of toxic torts, including examples illustrating the challenges facing the industrial emitter. Third, the paper highlights areas of emerging importance that have eased the burden on plaintiffs and that may encourage more toxic tort litigation. Finally, the paper concludes with suggestions to minimize and manage the industrial emitter's toxic tort liability exposure.