Legal Regulation Of Hazardous Substances

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Legal Regulation Of Hazardous Substances

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Author : Furqan Ahmad
language : en
Publisher:
Release Date : 2009-01-01

Legal Regulation Of Hazardous Substances written by Furqan Ahmad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Hazardous substances categories.

Environmentally sound management of hazardous substances is a key challenge before policy makers, regulators, implementers, industry workers, and the affected people. The toxic pollution unleashed in Bhopal, Bichri, Patencheru, Kanpur, and many more such toxic hotspots in India led to the strengthening of legal regime for the Regulation of Environmental Pollution Caused by Hazardous Substances in India . This volume elaborates upon the concept, causes and consequences of hazardous substances; analyses the relevant international legal regime for the management of hazardous substances; presents a succinct overview of the environmental and safety legislations; critically examines the common law and statutory liability and compensation regime through decided cases; elucidates the disputes settlement mechanism in India and finally offers findings and suggestions towards strengthening the legal and regulatory mechanism for hazardous substances in India. An added feature of the book is the systematic and concise treatment of plethora of delegated legislation made under the Environment (Protection) Act, 1986, such as the rules pertaining to hazardous wastes, hazardous chemicals, genetically modified organisms, biomedical wastes etc. The author has made all attempts to keep the book updated and in doing so has also provided a review of the Law Commission of India s recent proposal to constitute Environment Courts in India, as also the National Environment Policy, 2006. The book would be highly useful to practitioners, legal researchers, activist, scientific community, industry and other interested persons. Contents Chapter 1: Introduction; Chapter 2: Hazardous Substance: Concept, Causes and Consequences; Nature and Concept of Hazardous Substance, General, Conceptual Analysis; Concept at International Level, Concept in India, Concept in Foreign Countries, Hazardous Material, Classification, Definition of Hazardous Wastes, Nature of Hazard and Taxicity, Formation and Consequences of Hazardous Substances, Standard Criteria in Measuring the Toxic Substances, Hazardous Process; Chapter 3: Control of Hazardous Substances at International Level; International Institutions; The United Nations Charter, 1945; U N Conference on Human Environment (UNCHE), Stockholm, 1972; General Assembly Resolutions, Penang Declaration, 1980, United Nations Environment Programme (UNEP); Vienna Convention for the Protection of Ozone Layer, 1985; Montreal Protocol on Substances that Deplete the Ozone Layer, 1987; Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989, Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999; London Guidelines for the Exchange of Information on Chemicals in International Trade, 1989, The Earth Summit, 1992, Kyoto Protocol, 1997, The 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Stockholm Convention on persistent Organic Pollutants (POPs), 2004, Development of the Doctrine sic utere tuo ut alilenum non Ieadas: Journey from Stockholm to Rio; Chapter 4: Legal Regulation of Hazardous Substances at National Level; General Statutes; The Oriental Gas Company Act, 1857, The Indian Penal Code, 1860 The Indian Explosives Act, 1884, The Explosive Substances Act, 1908, The Destructive Insects and Pests Act, 1914, The Poisons Act, 1919, The Indian Boilers Act, 1923, The Petroleum Act, 1934, The Drugs and Cosmetics Act, 1940, The Factories Act, 1948, The Industries (Development and Regulation) Act, 1951, The Inflammable Substances Act, 1952, The Mines Act, 1952, Mines and Minerals (Regulation and Development) Act, 1957, The Water (Prevention and Control of Pollution) Act, 1981, The Motor Vehicle Act, 1988, Regulation under the Insecticides Act, 1968, Regulation under Environmental Legislation; The Environment (Protection) Act, 1986, Delegated Legislation Regulating Hazardous Substances under EPA, Hazardous Wastes (Management and Handling) Rules, 1989, Biomedical Wastes (Management and Handling) Rules, 1998, Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, Chemical Accidents (Emergency Planning, Preparedness and Responses) Rules, 1996, Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms of Cells Rules, 1989, Provision Relating to Transportation of Hazardous Substances Under the Central Motor Vehicles Rules, 1989, Provision Relating to Transportation of Hazardous Substances Under the Central Motor Vehicles Rules, 1989, Municipal Solid Wastes (Management and Handling) Rules, 2000; Delegated Legislation Regulating Hazardous Processes under EPA; Prohibition of Storage of Chemicals in Antop Hills at Bombay, Prohibition of Certain Activities in Coastal Regulation Zone, Notification Concerning Ecologically Fragile Areas, Environmental Impact Assessment (EIA), Location, Siting, Shifting and Categorisation of Industries, Environment Friendly Products, Environmental Audit; National Environment Appellate Authority Act, 1997; Other Related Legislations; Atomic Energy Act, 1962, Merchant Shipping Act, 1958, National Environmental Awards, Latest Policy; Chapter 5: Safety Legislation and Environment; The Factories Act, 1948, The Factories (Amendment) Act, 1987, Model Rules under the Factories (Amendment) Act, 1987, Rules Amended by States under the Factories (Amendment) Act, 1987 as per Model Rules, Control of Industrial Major Accidents Hazards (CIMAH) Rules, 1990, Shortcomings of the Factories (Amendment) Act, 1987; Chapter 6: Liability and Compensation; Common Law, Principles of Liability in India, Civil Liability, Criminal Liability, Judicial Approach; Liability for Industrial Disaster: Absolute Liability; Shriram Case, Bhopal Case, Bichary Case; Statutory Liability in India, The Public Liability Insurance Act, 1991, The National Environment Tribunal Act, 1995; Determination of Compensation: Workable Criteria; Fatal Accidents Act, 1855, Workmen s Compensation Act, 1923 Motor Vehicles Act, 1939, Criteria Laid Down in the Oleum Gas Case, The Bhopal Settlement, Suggested Model for Award of Compensation, Comparison with Compensation Models in USA, Lok Adalat Settlements of Claims; Chapter 7: Administrative Machinery: Pollution Control Boards, Central Pollution Control Board (CPCB), State Boards, Joint Boards, Pollution Control Committees, Control of Bio Medical Waste, Environmental Audit; Hazardous Micro Organism Control Committees; Ministry of Environemt and Forests; The Department of Environment, Coastal Area Management, Environmental Impact Assessment; Hazardous Factories and Chemicals Controlling Agencies; Chief Inspector and Factories Inspectorates, Directorate General Factory Advice Service and Labour Institutes (DGFASLI); Authorities Controlling Motor Vehicles; Judicial Trend in Enforcement Mechanism; Chapter 8: Adjudicatory Mechanism; Forums for Settlement of Environmental Disputes; Civil Suits, Criminal Complaints, Writ Petitions, Citizens Suit, Public Interest Litigation, Collector, Tribunal, Appellate Authority, Environmental Courts

Hazardous Waste And Toxic Substances

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Author : Steven Scott Young
language : en
Publisher:
Release Date : 1994

Hazardous Waste And Toxic Substances written by Steven Scott Young and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Hazardous substances categories.

Hazardous Substances In India And The World

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Author : T. R. Subramanya
language : en
Publisher: Taylor & Francis
Release Date : 2021-05-25

Hazardous Substances In India And The World written by T. R. Subramanya and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Nature categories.

This book examines the nature of hazardous substances and the law governing them, including international conventions, relevant directives and Indian legislation from the pre-independence period to the present. It focuses on legislations passed in the area of hazardous substances, highlighting the background relevant to the continued growth of international environmental law across the globe. It reviews existing strategies available in developing countries and the lack of a systematic approach in administering hazardous substances management programs. The author unfolds the dynamics of hazardous substances, the trade of such substances, transboundary movements and their restrictions through rigorous analyses and evaluation of cases. The book explores the question of liability in hazardous substance litigation, offers an understanding of several judicial decisions in the context, and suggests measures to control and manage the problem of hazardous substances. Authoritative, lucid and comprehensive, this book will be useful to students, researchers and policymakers working on environment, law, international environmental law and development studies, as well as to legal professionals, judicial officers and NGOs.

Hazardous Waste Management

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Author : George S. Dominguez
language : en
Publisher: CRC Press
Release Date : 2022-05-14

Hazardous Waste Management written by George S. Dominguez and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-14 with Technology & Engineering categories.

First published in 1986: The Purpose of this book is to provide working managers with a comprehensive introduction to practical operational aspects of hazardous waste management and with an extremely important foundation in relevant laws, rules and regulations.

Environmental Health Law

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Author : Russellyn S. Carruth
language : en
Publisher: John Wiley & Sons
Release Date : 2013-12-17

Environmental Health Law written by Russellyn S. Carruth and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Medical categories.

This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.

Law Of Chemical Regulation And Hazardous Waste

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Author : Donald W. Stever
language : en
Publisher:
Release Date : 1986

Law Of Chemical Regulation And Hazardous Waste written by Donald W. Stever and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Chemicals categories.

Environmental Control Of Products And Substances

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Author : Betty Gebers
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 1994

Environmental Control Of Products And Substances written by Betty Gebers and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Chemicals categories.

Traditionally, environmental law has focused on the impacts of industrial plants. There exists a broad range of directives covering the classical environmental issues of air pollution and water pollution in the European Community and in national legislations. Future environmental law and policy will have to consider much more than in the past the effects of products and substances. New models, like concepts for a regulation of material flows, will have to be developed. This volume assembles the contributions of the 1993 Annual Conference of the Environmental Law Network International, which was devoted to this particular issue. After outlining recent developments in the EC and in Central and Eastern Europe, the impacts of substances during the life cycle of a product and the existing regulatory to handle these impacts are being discussed. Further contributions relating to the field of conflict between product control and the internal market are followed by reviews of new instruments that could lead to a better information and control.

Toxic Substances Controls Primer

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Author : Mary Devine Worobec
language : en
Publisher:
Release Date : 1984

Toxic Substances Controls Primer written by Mary Devine Worobec and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Technology & Engineering categories.

Prior Informed Consent And Hazardous Trade

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Author : David Langlet
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Prior Informed Consent And Hazardous Trade written by David Langlet and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.

This ground-breaking study is the first book to take a comprehensive approach to the subject of transboundary shipments of hazardous substances and the instruments employed for regulating such shipments. It fully explains which types of trade regulating instruments are employed by which agreements, and then goes on to evaluate the pros and cons of these instruments with respect to their compatibility with international legal norms, especially WTO law. Taken in conjunction with other trade-regulating measures, this analysis assesses the PIC concept/ procedure from three perspectives: its effect on state sovereignty, its potential for enhancing environmental and health protection in importing states, and its relationship with the free-trade regime, represented primarily by the GATT and the SPS and TBT Agreements of the WTO. The analysis also includes coverage of the pertinent export laws of the EU and the United-States, and of the export and import laws of India pertaining to potentially hazardous substances and products.

Cutting Green Tape

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Author : Roger Meiners
language : en
Publisher: Routledge
Release Date : 2018-02-06

Cutting Green Tape written by Roger Meiners and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Law categories.

Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances.Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government.The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.