The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.

This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It covers special defendants, such as employers and governmental entities, workers compensation, preemption, causation and scientific evidence, and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and climate change.