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40 UALR L. Rev. 573 (2017-2018)
Taking a Page from the FDA's Prescription Medicine Information Rules: Reimagining Environmental Information for Climate Change

handle is hein.journals/ualr40 and id is 607 raw text is: 






TAKING A PAGE FROM THE FDA'S PRESCRIPTION MEDICINE
INFORMATION RULES: REIMAGINING ENVIRONMENTAL
INFORMATION FOR CLIMATE CHANGE


     Rebecca  Bratspies and Sarah  Lamdan

                             I. INTRODUCTION

     In August  2017, Hurricanes  Harvey  and  Irma hit the southern United
States in rapid succession. These  massive  hurricanes wrought   widespread
devastation-destroying buildings, flooding neighborhoods, and taking
lives.' Harvey  shattered the national  rainfall record for a  single storm,
dropping  more  than fifty inches of rain in thirty-six hours.2 The rest of the
country  watched  in shock  as stranded Houstonians   waded  through  chest-
deep  floodwaters. Those  residents were not merely  wading  through  water;
they were  wading  through a toxic stew. Those  same  floodwaters that filled
the streets inundated scores of industrial facilities and at least thirteen of
Houston's  forty-one Superfund  sites.3 Floodwater carried contaminants and
fugitive  chemicals  from   those  deluged  Superfund sites into densely
populated  areas of the city. Indeed, hurricane floodwaters notoriously carry
all manner   of contaminants,  from   pesticides and  landfill waste  to the
contents of inundated  chemical  waste  storage containers.4 The problem  is
particularly severe  in  industry-heavy   cities such  as  Houston,   where
floodwater  travels from industrial stockyards and production plants through

' Sarah Lamdan and Rebecca Bratspies are both Professors at CUNY School of Law. They
collaborate through the Center for Urban Environmental Reform.
    1. Hurricanes Harvey, Irma, and Maria were especially intense and long-lasting due to
climate change. Warm seas brought extraordinary amounts of rain that stalled over major
municipalities in the Gulf of Mexico and Caribbean. Emily Schuckburgh et al., Hurricanes
Harvey, Irma and Maria: How Natural Were These 'Natural Disasters'?, 72 WEATHER 353,
353 (2017) (So in conclusion, it is clear that human activities have raised the risks of various
aspects of hurricane damage.).
    2. Brian Resnick, Harvey Broke a National Rainfall Record for a Single Tropical
Storm, Vox (Aug. 29, 2017, 5:33 PM), https://www.vox.com/science-and-health/2017/8
/29/16221542/hurricane-harvey-rainfall-record-houston.
    3. Status of Superfund Sites in Areas Affected by Harvey, U.S. ENVTL. PROTECTION
AGENCY  (Sept. 2, 2017), https://www.epa.gov/newsreleases/status-superfund-sites-areas-
affected-harvey (describing sites designated for cleanup under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), a federal law that
tasks polluters with paying to clean up the sites they pollute).
    4. Alexandra Sifferlin, Here's How Dirty Flood Water Really Is, TIME (Aug. 29, 2017,
10:14  AM),  http://time.com/4919355/can-flood-water-make-you-sick/ (describing the
network of waterways that exacerbate Houston's floods).


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