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Name of Article:
Asthma and Pesticides in Public Schools: Does the ADA [Americans with Disabilities Act] Provide a Remedy Where FIFRA [Federal Insecticide, Fungicide, and Rodenticide Act] Fails to Protect? 
Title of Book/Journal:
Boston College Environmental Affairs Law Review 
Type:
Article 
English Translation:
 
Publication Date:
2004     
Author(s):
Rajotte, Anne
 Editor(s):
 
Volume:
31 
Issue:
Pages: 149    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
HEALTH-PESTICIDES
AMERICANS WITH DISABILITIES ACT (ADA)
FEDERAL INSECTICIDE^^ FUNGICIDE^^ AND RODENTICIDE ACT (FIFRA)
HEALTH-ASTHMA-CHILDREN
Comments:
 
 
 
 
    
 
Annotation:
This article discusses how the Americans with Disabilities Act (ADA) may provide a remedy to enjoin the use of chemical pesticides in public schools for students suffering from asthma exacerbated or induced by chemical pesticide use. The ADA has been used as a remedy for environmentally-related disabilities with mixed results. There have been successful challenges to the ADA used in this context based on the comprehensive regulatory nature of many environmental statutes. The author argues that a student who suffers from pesticide-induced asthma is protected by the ADA and that the challenges that have prevent relief under other environmental statutes would fail in this context because the scope of regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is not wide enough to provide a private right of action. Because of this, the author concludes that ADA provides a remedy that is not in conflict with FIFRA.
 
 
       
 
 
 

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