Solving Widespread Toxic Chemical Exposure: A Taxing Job
By Elizabeth B. Forsyth
By Elizabeth B. Forsyth
ABSTRACT
There is evidence of widespread exposure to toxic chemicals in the United States and evidence that exposure to toxic chemicals is related to increasing rates of cancer and disease. This article examines the failings of the current regulatory and tort systems to deter low-level pervasive injury from exposure to chemicals and looks at the current regulatory changes proposed, including the Safe Chemicals Act (SCA). This article supports the reforms outlined in the SCA, but proposes additionally that a tax should be assessed on production of all chemicals relative to each chemical's risk to human health. The revenue from the tax would not be individually distributed, but rather would be used to offset the costs on the healthcare system from exposure to chemicals. The tax would not serve as a bar to tort litigation. This article argues that this regulatory change would be preferable to tort reform, from both a welfare and an efficiency perspective.
There is evidence of widespread exposure to toxic chemicals in the United States and evidence that exposure to toxic chemicals is related to increasing rates of cancer and disease. This article examines the failings of the current regulatory and tort systems to deter low-level pervasive injury from exposure to chemicals and looks at the current regulatory changes proposed, including the Safe Chemicals Act (SCA). This article supports the reforms outlined in the SCA, but proposes additionally that a tax should be assessed on production of all chemicals relative to each chemical's risk to human health. The revenue from the tax would not be individually distributed, but rather would be used to offset the costs on the healthcare system from exposure to chemicals. The tax would not serve as a bar to tort litigation. This article argues that this regulatory change would be preferable to tort reform, from both a welfare and an efficiency perspective.
