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

WHEN:

May 16, 2012, 12:00 PM to 2:00 PM
(Speaking will begin promptly at 12:15 PM)

WHERE:

Environmental Law Institute
2000 L Street, NW, Suite 620 (Sixth Floor)
Washington, DC

RSVP:

To reserve, e-mail mcmurrin@eli.org. Please reserve by May 11. There is no charge for ELI members to attend in person or to participate in the teleconference, but you must RSVP. RSVPs should include: name of registrant, email address, and whether they wish to attend in person or participate via teleconference.
Non-members must pay $35 and should download and return this form in order to register.
Teleconference information will be emailed one business day prior to the event.

The panel provided 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.

Speakers:
John Cruden, President, Environmental Law Institute (moderator)
Carla Burke, shareholder, Baron & Budd, P.C.
John Guttmann, shareholder, Beveridge & Diamond, P.C.
Robert Percival, Professor of Law & Director, Environmental Law Program, University of Maryland Carey School of Law

Additional Materials:
Members may log on to access mp3 recording.

This ELI Associate Seminar was made possible by the generous support of our members.

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