I'd just like to briefly address that point, and then I think my colleagues have other comments on the other points.
With all due respect, I don't actually believe that this is the commonly held view of “toxic”. I think there are different definitions of “toxic” in different regulatory regimes, but if you look at the ordinary dictionary definition, it means poisonous or harmful. That can mean poisonous or harmful to human health; that can also mean poisonous or harmful to the environment. I think to go beyond that and suggest that there is some consensus view around this term “toxic” is a bit spurious.
I think we have defined it in a particular way under CEPA that makes sense in terms of the regulatory regime. Other jurisdictions have defined it differently, but I don't think, in terms of the way the term is commonly understood, that it does violence to that term.