HEALTH AND SAFETY REGULATION

Professor Vern R. Walker
Spring 2000
 

THIS PAGE WAS LAST REVISED ON 4 APRIL 2000
 

FOCUS OF THE COURSE IN SPRING 2000

       As usual, this offering of the course will provide a survey of the basic problems in administrative law, while focusing almost exclusively on administrative agencies that regulate public health and safety. The course also provides a comparative look at structural, procedural, evidentiary and substantive questions posed by health and safety regulation. The offering this time will focus upon the regulation of food, with particular attention to natural contaminants in food, food additives, genetically engineered food, pesticide residues in food, residues of animal drugs in food, and color additives to food.
 
 

NOTICE ON ATTENDANCE, GRADING & EXAMINATION

        This is an examination course. Attendance at class is required, and unexcused absences will result in a lowering of the grade. Participation in class discussion is also required, and the grade may be raised or lowered to reflect the quality of participation.
        EXAMINATION NOTE: YOU ARE REQUIRED TO BRING TO THE EXAMINATION YOUR OWN COPIES OF ALL MATERIALS FROM WHICH READINGS ARE ASSIGNED, INCLUDING ALL ASSIGNED STATUTORY AND ADMINISTRATIVE MATERIALS. You may also bring to the examination other materials, as you wish. It will be an "open book" exam.
 
 

RELATED INTERNET LINKS
 

READING ASSIGNMENTS

All page assignments are to Aman & Mayton, ADMINISTRATIVE LAW (1993)
Copies of other assigned materials are available on the course web page.


Date

1/24 
1/26
 
Assignment

Introduction to Agencies.
CLASS CANCELLED DUE TO INTERVIEWS FOR DEAN
Read: 1-6, 602-612, 588-591.

Rulemaking; Informal vs. Formal Rulemaking Procedures;
Delegation and Separation of Powers;
Natural Contaminants in Food; Food Additives;
Genetically Engineered Food


1/31

 

 Industrial Union Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980) ("Benzene Case") Opinion for the Court; 29 U.S.C.S. Sections 655, 671(a)-(d).
2/2 Remainder of Benzene Case; Occupational Safety and Health Act, 29 U.S.C.S. Sections 651; 652; 659; 660(a), (b); 661.

 
2/7 9-39.
2/9 Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

 
2/14 40-66, 79-108.
2/16 Public Citizen v. Heckler, 653 F.Supp. 1229 (D.D.C. 1986) (unpasteurized milk); 21 U.S.C.S. Sections 321, 341, 342, 371.

 
2/21 NO CLASSES

 
2/28

 

 United States v. Nova Scotia Food Products Corp., 568 F.2d 240 (2d Cir. 1977) (processed hot smoked whitefish); 21 U.S.C.S. Sections 331, 332; APA Section 553.

 
3/6
 

 

 Community Nutrition Institute v. Young, 818 F.2d 943 (D.C.Cir. 1987) (aflatoxins in corn); 21 U.S.C.S. Section 346; FDA Final Rule, Action Levels for Added Poisonous or Deleterious Substances in Food, 55 Fed.Reg. 20782 (May 21, 1990).

 
3/13

 

 Community Nutrition Institute v. Young, 773 F.2d 1356 (D.C.Cir. 1985), cert. denied, 475 U.S. 1123 (1986) (aspartame); 21 U.S.C.S. Section 348.; APA Sections 556, 557.
3/14 FDA, Statement of Policy: Foods Derived From New Plant Varieties, 57 Federal Register 22,984 (May 29, 1992).

 

Adjudication; Formal vs. Informal Adjudication Procedures;
Standards of Judicial Review;
Pesticide Residues in Food


3/15 120-146; 7 U.S.C. 136(b), (l), (bb); 136a(a); 136d; 136j(a); 136n; 136w(a).

 
3/20 EDF, Inc. v. EPA, 548 F.2d 998 (D.C.Cir. 1976), cert. denied sub nom. Velsicol Chemical Corp. v. EPA, 431 U.S. 925 (1977) (chlordane pesticide).
3/22 Director, Office of Workers' Compensation Programs, Department of Labor v. Greenwich Collieries, 512 U.S. 267 (1994); 147-153, 172-191.

 
3/27 199-238.
3/29 239-255.

 
4/3 Les v. Reilly, 968 F.2d 985 (9th Cir. 1992), cert. denied sub nom. National Agric. Chems. Ass'n v. Les, 507 U.S. 950 (1993); 21 U.S.C.S. Section 346a.
4/5  The Presidential/Congressional Commission on Risk Assessment and Risk Management, Final Report, Volume 2 (1997), Chapters 4 and 5; 559-576.

 
4/10 Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971); 256-264, 434-477.
4/12 477-515; Martin v. OSHRC, 499 U.S. 144 (1991).

 

Forcing the Agency to Act: Preliminary Matters of
Standing, Exhaustion, Finality, and Ripeness


4/24 352-361; Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).
4/26 372-384, 515-522, 403-422.

 
5/1 Abbott Laboratories v. Gardner, 387 U.S. 136 (1967).