ASTHMA AND PESTICIDES IN PUBLIC SCHOOLS: DOES THE ADA PROVIDE A REMEDY WHERE FIFRA FAILS TO PROTECT?

摘要

For students suffering from asthma exacerbated or induced by chemical pesticide use, the Americans with Disabilities Act (ADA) may provide a remedy to enjoin the use of chemical pesticides in public schools. 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. This Note will argue that a student who suffers from pesticide-induced asthma is protected by the ADA. Further, the challenges that have precluded 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 ADA provides a remedy that is not in conflict with FIFRA.