Environmental Engineering Reference
In-Depth Information
counsel tends to focus on limiting the admissibility of evidence and the scope
of an expert's testimony. Defendant's ability to limit the scope of expert
testimony has been significantly advanced by a U.S. Supreme Court decision
known as the Daubert rule. Under Daubert, trial judges are given consider-
able discretion in admitting the testimony of experts. Some trial judges will
only admit evidence that has been subject to publication in the peer-reviewed
literature, a very high standard, particularly for a newly emerging problem.
Civil litigation is often characterized disparagingly by critics of personal
injury claims and by product manufacturers. Though flawed, like any other
system, civil litigation has had, and will continue to have, positive impacts
on American society. In the absence of regulation, it is a critical tool in both
redressing wrongs and promoting changes that may have significant public
health benefits. Litigation against installers, distributors, and manufacturers
of UFFI was one of the main factors in the demise of this industry. Litigation
against manufacturers of mobile homes and UF-bonded wood products was
responsible for the significant reductions in HCHO emissions from wood
products and indoor HCHO concentrations that have occurred in the past
two decades.
The threat, as well as use, of civil litigation is an important tool in
encouraging manufacturers to produce safe products and improve their
products when safety problems arise. Unfortunately, the filing of numerous
meritorious claims indicates safety considerations did not have the high
priority they should have had in the design, manufacture, or use of a product
(including buildings).
Readings
Asbestos Hazard Emergency Response Act
, PL 98-469, USC Title 15: Subchapter 11,
Sections 2641-2654, 1986.
Department of Labor, Occupational Safety and Health Administration, Indoor air
quality — Notice of proposed rulemaking,
Fed. Reg.,
59, 15968, 1994.
Godish, T.,
, Lewis Publishers, Chelsea, MI, 1989, chap. 7.
Hirsch, L.S., Behind closed doors: indoor air pollution and governmental policy,
Indoor Air Pollution Control
6, 339, 1982.
Maroni, M., Siefert, B., and Lindvall, T.,
Harvard Environ. Law Rev.,
Indoor Air Quality. A Comprehensive Reference
, Elsevier, Amsterdam, 1995, chaps. 32, 34, 37.
Sexton, K., Indoor air quality: an overview of policy and regulatory issues,
Book
Sci. Tech.
11, 53, 1986.
Spengler, J.D., Samet, J.M., and McCarthy, J.F., Eds.,
Human Values,
Indoor Air Quality Handbook
,
McGraw-Hill Publishers, New York, 2000, chap. 71.
USEPA, Asbestos-containing materials in schools: final rule,
Fed. Reg.,
52, 41826, 1987.
Questions
1. What are the advantages and disadvantages of using air quality standards in
regulating air quality in buildings?
