Generic Solvency: Information Deficit Page 1 of 4

Bozarth/Voell Arx Axiom/Vector

Generic Solvency: Information Deficit

Bozarth/Voell

Solvency
Generic Solvency: Information Deficit Page 2 of 4
Bozarth/Voell Arx Axiom/Vector

A. HUGE Information Gap

The Harvard Environmental Law Review 00 - Our ignorance regarding the risks to
public health posed by common pollutants is shocking
Rena I. Steinzor [Professor of Law, University of Maryland School of Law.] “Devolution and the Public Health” The Harvard
Environmental Law Review, 2000 (24 Harv. Envtl. L. Rev. 351)
“In a recent report covering 2,863 organic chemicals produced or imported in amounts
greater than one million pounds annually, EPA concludes that there is no toxicity information
available for forty-three percent of such chemicals and that a full set of basic toxicity information is available
for only seven percent. Our ignorance regarding the risks to public health posed by
common pollutants is shocking, especially because we have the capacity to conduct the
scientific inquiries necessary to develop this information but have not made such research
a priority. These yawning data gaps undermine all of our efforts to establish priorities,
assess risk, and achieve results.”

The Harvard Environmental Law Review 00 - Closing the gap in chemical toxicity
data is a task that deserves resources only the national government can provide
Rena I. Steinzor [Professor of Law, University of Maryland School of Law.] “Devolution and the Public Health” The Harvard
Environmental Law Review, 2000 (24 Harv. Envtl. L. Rev. 351)
“Closing the gap in chemical toxicity data is a task that deserves resources only the
national government can provide, and it would be pointlessly inefficient to duplicate such
efforts in each of the fifty states. Once the data gap is bridged, the real work of translating
this information into risk-based standards will begin. Not only will we need the best
scientific expertise the nation has to offer, but the success of these efforts will demand a
substantial commitment of resources beyond the means of most states. National standards will also
spur the development of new pollution control and cleanup technologies more effectively than disparate state rules. A national market
fosters the significant investment of resources required to develop new technology more than the inconsistent and unpredictable
economies of fifty smaller jurisdictions.”

The Harvard Environmental Law Review 00 - The assertion that some states are
capable of undertaking the expensive campaign to rectify the data gap
underestimates the magnitude of the problem
Rena I. Steinzor [Professor of Law, University of Maryland School of Law.] “Devolution and the Public Health” The Harvard
Environmental Law Review, 2000 (24 Harv. Envtl. L. Rev. 351)
“A national market fosters the significant investment of resources required to develop new technology more than the inconsistent and
unpredictable economies of fifty smaller jurisdictions. The assertion that some states are capable of
undertaking the expensive campaign to rectify the data gap ignores the large economies
of scale available with a centralized effort and underestimates the magnitude of the
problem. Expecting even the strong states to shoulder the financial burden of a nation's
research and technology development is unrealistic, especially given the simultaneous
devolution of other challenging and expensive areas of domestic policy, such as welfare
reform.”
Generic Solvency: Information Deficit Page 3 of 4
Bozarth/Voell Arx Axiom/Vector

B. Environmental Problems are C.o.m.p.l.e.x

Minnesota Law Review 08 - One need only consider a sampling of environmental

problems to appreciate their intricacies
Dr. David E. Adelman [Associate Professor of Law, James E. Rogers College of Law, University of Arizona. JD from Stanford, PhD
in Chemical Physics from Stanford] and Kirsten H. Engel [Professor, James E. Rogers College of Law, University of Arizona.]
“Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority” Minnesota Law Review, June, 2008, (92
Minn. L. Rev. 1796)
“One need only consider a sampling of environmental problems to appreciate their
intricacies. Prairie potholes, depressional wetlands found in the Upper Midwest, function
as critical watering holes for migratory birds and protect against local flooding. Thus,
although geographically localized, their biological importance is national if not
international in scope. Similarly, mercury emissions from coal-fired power plants have local and global impacts. Mercury
is emitted in two reactive states. One is of only local significance because it quickly precipitates from the atmosphere. The other
persists in the atmosphere and is a major contributor to rising mercury levels in ocean mammals globally. In both of these examples,
the problem does not exist on a single geographical or even temporal scale, but on multiple scales simultaneously.”

Minnesota Law Review 08 – This information gap is increasing in amount and

complexity
Dr. David E. Adelman [Associate Professor of Law, James E. Rogers College of Law, University of Arizona. JD from Stanford, PhD
in Chemical Physics from Stanford] and Kirsten H. Engel [Professor, James E. Rogers College of Law, University of Arizona.]
“Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority” Minnesota Law Review, June, 2008, (92
Minn. L. Rev. 1796)
“Many human actions are adding to this complexity. Rural land use patterns have proved
particularly challenging in this respect, as evidenced by growing forest management
problems associated with increasing numbers of homes located on the boundaries of state
and national forests. Protection of wetlands has lost out to similar conflicts between
development pressures and environmental preservation. At the same time, commercial
globalization expands international connections, adding another layer of interactions. The
dramatic rise in invasive species, transport of hazardous wastes internationally, and the
growing national and international markets for drinking water are exemplary of these
changes.”
Generic Solvency: Information Deficit Page 4 of 4
Bozarth/Voell Arx Axiom/Vector

C. IMPACT: Unsuccessful Environmental Action

The Harvard Environmental Law Review 00 - The dearth of information afflicts

regulatory efforts in two critical areas
Rena I. Steinzor [Professor of Law, University of Maryland School of Law.] “Devolution and the Public Health” The Harvard
Environmental Law Review, 2000 (24 Harv. Envtl. L. Rev. 351)
“When EPA was created in 1970, Congress could only have guessed at the complexity of
the new agency's mission. As our understanding of that mission deepens, economies of scale in accomplishing the
scientific and technical research essential to meaningful health and safety regulation present the most compelling argument supporting
centralized standard-setting. The
dearth of information afflicts regulatory efforts in two critical
areas: the toxic effects of common hazardous chemicals and the actual quality of the
environment.”

The Harvard Environmental Law Review 00 - Information deficits confound our

understanding of the actual state of the environment
Rena I. Steinzor [Professor of Law, University of Maryland School of Law.] “Devolution and the Public Health” The Harvard
Environmental Law Review, 2000 (24 Harv. Envtl. L. Rev. 351)
“Information deficits also confound our understanding of the actual state of the
environment. In an ambitious piece proposing regulatory reforms very similar to the reinvention programs adopted by the
Clinton Administration, Michael Vandenbergh extensively documents the fact that fragmented and inconclusive
efforts to characterize such conditions [*368] are the threshold hurdle to more significant
progress in both cleaning up and preventing pollution.”