Required Reading

Natural Resources Defense Council v. US EPA. 263 U.S.App.D.C. 166. Excerpts. (vinyl chloride case).

Shanks, David. 2006. Table summaring risk assessment requirements of five federal statutes.

US Office Management and Budget. 2006. Proposed risk assessment bulletin. Read the excerpts in the Required Course Pack.

Questions for Class Discussion

Vinyl Chloride Decision

(These questions were written by David Shanks) 1.Given scientific uncertainty about human cancer risk at low doses, what level of vinyl chloride emissions should EPA allow, according to the reasoning of petitioner Natural Resources Defense Council?

2.EPA first proposed a vinyl chloride regulation in late 1975, and a final rule in October 1976. Did EPA determine health effects on people living near vinyl chloride emission sources as part of this rulemaking?

3.How did EPA set the allowable emission levels in the Oct. 1976 rule?

4.In footnote 11, the court describes a “two step process.” What are the two steps, and what can be considered by the agency in each step?