Kenneth J. Warren

Dec 9, 2024 | law.com | Kenneth J. Warren

Last month, the U.S. Environmental Protection Agency (EPA) released for public comment its Interim Framework for Advancing Consideration of Cumulative Impacts. The Framework encourages EPA programs to consider the totality of exposures to chemical and nonchemical stressors affecting human health and the environment, together with vulnerabilities and susceptibilities that may increase the likelihood that exposures will result in illness or other injuries.

Oct 4, 2024 | law.com | Kenneth J. Warren

Our public health system encourages fluoride use to prevent cavities. Dentists advise patients with multiple occurrences of tooth decay to brush their teeth with more concentrated fluoride toothpaste, to take fluoride tablets, or to undergo fluoride treatments. Aware of the public perception that use of fluoride products combats tooth decay, manufacturers of toothpaste and mouthwash tout the benefits of fluoride in their products.

Aug 5, 2024 | law.com | Kenneth J. Warren

At the end of its most recent term, the U.S. Supreme Court issued several opinions that shook the foundation of modern administrative law. In Loper Bright Enterprises v. Raimondo, 144 S.Ct. 2244 (2024) (Loper), the Supreme Court overruled its decision in Chevron U.S.A. v. National Resources Defense Council, 467 U.S. 837 (1984) (Chevron), that instructed judges to defer to agencies’ reasonable interpretations of ambiguous provisions of statutes they administer.

Jun 7, 2024 | law.com | Kenneth J. Warren

An achievement of modern manufacturing is its ability to quickly innovate to meet customer demand. Products that satisfy consumers, advance medicine, or support durable infrastructure are fundamental to economic development and prosperity. The unfortunate downside is that the ecological and human health impacts are often unknown or underestimated, and at times may be concealed as production occurs. Asbestos is a well-known example.

Apr 5, 2024 | law.com | Kenneth J. Warren

Maintaining a healthy ecosystem requires sustainable use of water resources. The tools traditionally used to manage water for public use involve construction of water supply dams and reservoirs, tapping of groundwater aquifers, and diversion of surface water and groundwater from areas of abundance to areas of need. After use, wastewater is treated and discharged, most often to the nearest waterbody. Water efficiency, conservation, or recycling measures historically have taken a back seat.