Perchlorate Book from Legal Group

A new book on Perchlorate issues is available from the Lawyers and Judges Publishing Co. (Tucson, AZ,  520-323-1500;  [email protected]) -  Perchlorate: A Scientific, Legal, and Economical Assessment, by Earl L. Hagstrom. The book is designed to educate and inform environmental, business, legal, and academic readers about the history and development issues surrounding perchlorate.  It should afford much needed practical advice and guidance to anyone involved with litigation and remediation issues.  Part of the impact of this book  comes from the fact that the process of establishing a federal drinking water standard for perchlorate has been fraught with complications, not the least of which is the fact that perchlorate is a naturally occurring species.  This book is also intended as a primer on how to address common issues  with any pollutant, ranging from estimating damages to remediation to insurance coverage.   [ISBN 1-930056-84-2]  480 pages, $99.   More review comments follow.

Chapter headings include the following   [with review comments and/or citations ] :

Sources of Perchlorate Releases to the Environment

Current Issues in Perchlorate Analysis   [An interesting sub-section (2.5.E) has the title: "Stretching the limits of perchlorate measurement." It differentiates between a "reporting limit"  - generally considered to be 5-10 times the instrument background noise - and "detection limit" - a statistically determined value typically 2-3 times the background noise. The section continues: "According to the EPA, values that are above the detection limit and below the reporting limit are supposed to be flagged 'estimated.' Unlike detection limits, which have a rigid statistical basis, laboratories have some latitude in defining reporting limits. In practice, there is often pressure to report values that are on the "ragged edge" of the analytical method's true reporting limit. This has been particularly true in recent history for perchlorate (emphasis added), where the reporting limits available with current analytical technology have sometimes lagged behind (or in some cases, established) action levels. This not only compromises the accuracy of the reported result, but in the case of method 314.0, also increases the likelihood of reporting a false positive."  The text provides an actual chromatogram from a Superfund site, showing a very small peak reported to represent 4.9 parts per billion perchlorate. Visual examination of the plot allows the conclusion that the accuracy of the result was suspect; however, the analytical laboratory did not flag the datum as 'estimated.' Since the perchlorate action level at this site was 4 ppb, the reported value would result in an action level exceedance. Later, refinements in both the analytical protocol and the cleanup of the sample matrix for the site showed that perchlorate was not present at levels above 4 ppb.]

The Toxicology of Potential Human Health Effects Associated with Perchlorate in Drinking Water

Historical Overview of Perchlorate Regulation

Common Law Torts in Environmental Contamination Cases  [The 'nub' of the matter is described as follows: "Can a plaintiff establish the damages aspect of his or her nuisance claim if the presence of the contaminant in the water is lower than the government mandated MCL (maximum contamination level) and there are no other obvious problems with the water ? Does the mere addition of a chemical that wasn't there before suffice for injury ? ...... Using perchlorate as an example makes clear the difficulties in assessing what damages may have been incurred in a case where there is no taste, color, or odor impact, and where the toxicological data indicate negligible health risks."]

Environmental Class Actions

Some Practical Observations on the Selection and Management of Experts After Daubert

Fate, Transport, and Modeling of Perchlorate in Groundwater

State of the Art of Perchlorate Remediation

Estimating Toxic Tort and Environmental Damages

Insurance:  An Overview