(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

In a devastating and urgent work of investigative journalism, Pulitzer Prize winner Chris Hamby uncovers the tragic resurgence of black lung disease in Appalachia, its Big Coal cover-up, and the resilient mining communities who refuse to back down. Decades ago, a grassroots uprising forced Congress to enact long-overdue legislation designed to virtually eradicate black lung disease and provide fair compensation to coal miners stricken with the illness. Today, however, both promises remain unfulfilled. Levels of disease have surged, the old scourge has taken an aggressive new form, and ailing miners and widows have been left behind by a dizzying legal system, denied even modest payments and medical care. In this devastating and urgent work of investigative journalism, Pulitzer Prize winner Chris Hamby traces the unforgettable story of how these trends converge in the lives of two men: Gary Fox, a black lung-stricken West Virginia coal miner determined to raise his family from poverty, and John Cline, an idealistic carpenter and rural medical clinic worker who becomes a lawyer in his fifties. Opposing them are the lawyers at the coal industry’s go-to law firm; well-credentialed doctors who often weigh in for the defense, including a group of radiologists at Johns Hopkins; and Gary’s former employer, Massey Energy, the region’s largest coal company, run by a cantankerous CEO often portrayed in the media as a dark lord of the coalfields. On the line in Gary and John’s longshot legal battle are fundamental principles of fairness and justice, with consequences for miners and their loved ones throughout the nation. Taking readers inside courtrooms, hospitals, homes tucked in Appalachian hollows, and dusty mine tunnels, Hamby exposes how coal companies have not only continually flouted a law meant to protect miners from deadly amounts of dust but also enlisted well-credentialed doctors and lawyers to help systematically deny much-needed benefits to miners. The result is a legal and medical thriller that brilliantly illuminates how a band of laborers — aided by a small group of lawyers, doctors and lay advocates, often working out of their homes or in rural clinics and tiny offices – challenged one of the world's most powerful forces, Big Coal, and won. A deeply troubling yet ultimately triumphant work, Soul Full of Coal Dust is a necessary and timely book about injustice and resistance.

The Nineteenth Edition of the Federal Regulatory Directory is a comprehensive guide for understanding the complex world of federal regulation. It provides detailed profiles of the most important regulatory agencies, including their history, priorities, actions, and landmark decisions. The book also features overviews of independent and self-regulatory agencies, as well as the global and state-level impacts of federal regulation. Whether you are new to the topic or an expert, the Federal Regulatory Directory can be a valuable resource for students, researchers, professionals, and anyone who wants to understand how federal regulation works and how it affects their daily lives.

While government enforcement of laws and regulations to control the production of chloroflurocarbons in 1987 has been hailed as exemplifying the precautionary principle, for almost two decades US companies failed to take precautionary measures to prevent chemical emissions, despite the probable risk of stratospheric ozone loss. As a result, human harms in the form of skin cancer have reached epidemic proportions globally and in the United States where, today, one person dies every hour from skin cancer. This book reviews U.S. laws, regulations, and policies, as well as case law regarding similar toxic tort cases to consider whether companies can and should be held legally liable under tort common law theories and related tort justice theories for having contributed to increased risks of skin cancer.

In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.