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The concept of hormesis has been receiving greater interest in the biomedical and toxicological research communities over the past decade. Of particular importance has been how the hormesis concept may affect risk assessment practices, litigation, and regulation. This paper identifies and discusses what may be the first application of the hormesis concept in environmental assessment and litigation. This occurred in California within the context of an assessment of alleged continuing smelter contamination nearly a century ago. [ABSTRACT FROM AUTHOR]