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GBL 323 Chapter 15

Terms in this set (51)

Principal Sources of Environmental Law
-common law actions
-state and local regulation
-federal regulation
Approaches to Environmental Protection
-Tort Law
-Government Subsidies
-Emission Charges
-Marketable discharge permits
-Direct regulation
Tort Law - Nuisance
-Nuisance is the use of one's property causing annoyance, inconvenience, or discomfort to another
Public Nuisance
Affects the community at large
Private Nuisance
Affects one's neighbors only
Standing
legal status to file a lawsuit
public: government
private: individual
Government Subsidies Approach
-Under a government subsidy system, the government pays pollutants to reduce their emissions
-ex: tax breaks, low interest loans, grants for pollution control devices
Emission Charges Approach
Government charges a flat fee for every unit of pollutant each polluter discharges
Marketable Discharge Permits
Government issued permit or license to polluters authorizing the discharge of pollutants
Direct Regulation Approach
-the gov't enacts a comprehensive set of regulations designed to protect the environment by improving air and water quality
-two standards
Two Standards of Direct Regulation Approach
1. Technology forcing
2. Technology driven
Technology Forcing
standards are established based on health considerations and industries are forced to develop technology within these standards
Technology Driven
standards are based on existing technology with hopes to better control pollution based on the limits of the existing technology
Environmental Protection Agency (EPA)
-administrative agency created by congress to attack all forms of pollution and coordinate the implementation and enforcement of the federal environmental protection laws
-broad rule making powers
-adjudicative powers
-EPA can initiate judicial proceedings in court against suspected violators of federal environmental laws
National Environmental Policy act of 1970 (NEPA)
-federal statute that mandates that the federal government consider the adverse impact an action would have on the environment before it actually occurs
-created the council on environmental quality
-doesn't apply to action by state or local governments or private parties
Environmental Impact Statement (EIS)
-must be prepared for all federal actions that significantly affect the quality of the human environment
-the purpose is to provide enough info about the environment to enable gov't to determine feasibility of the project
-EIS is also used as evidence in court when a federal action is challenged as violating NEPA or other laws
EIS Required
-when 3 elements are present:
1. the action is federal (grant of a license, issuance of a loan, or lease of a property by federal government)
2. Major activity, i.e. requires substantial commitment of resources
3. Activity must have substantial impact on the human environment
Environmental Impacts
noise, high traffic and congestion, burden of public facilities such as sewage and transportation and increased crime and illegal drugs
Non-Environmental Impacts
loss of business profits
EIS Must
-describe affected environment
-describe impact on environment
-identify and discuss alternatives
-list resources to be committed
-contain cost-benefit analysis

*Subject to public review and comments, EPA decisions are appealable to appropriate U.S. Courts of Appeals
Clean Air Act (as amended)
-federal statute enacted in 1963 to assist states in dealing with air problems
-as amended (70, 77, 90), provides comprehensive regulation of air quality in the U.S.
Pollution Sources
-Stationary Sources of Air Pollution
-Mobile Sources of Air Pollution
-Toxic air pollutants
-Non-attainment areas
Stationary Sources of Air Pollution
factories: states must be identified, plans must be developed to reduce pollution
Mobile Sources of Air Pollution
Vehicles: emission standards set, EPA regulates pollution caused by fuel and fuel additives
National Ambient Air Quality Standards (NAAQS)
-directs the EPA to establish these standards for certain pollutants
-standards set at two levels
1. primary - to protect human beings
2. secondary - to protect vegetation, matter, climate, visibility and economic values
-states responsible for enforcement
Non-attainment Areas
-regions that to not meet air quality standards
-classified into 5 categories
-States must submit compliance plans
-failure to develop approved plan will cause loss of highway funds and limitations on new sources of emissions
5 categories of non-attainment areas
marginal, moderate, serious, severe, extreme
Water Pollution
-comprehensive scheme of statutes and regulations to prevent and control water pollution
Federal Water Pollution Control Act of 1948 as amended (FWPCA)
clean water act of 1972
clean water act of 1977
clean water quality act of 1987
Point Sources of Water Pollution
-sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants
-dischargers must keep records, maintain monitoring equipment and keep samples of discharge
Thermal Pollution
-heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content
-sources subject to clean water act
Wetlands
-areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions
-Clean Water Act forbids filling or dredging of wetlands without permit from Army Corps of Engineers
Safe Drinking Water Act
-authorizes the EPA to establish national primary drinking water standards
-prohibits the dumping of wastes into wells used for drinking water
-the states are primarily responsible for enforcing the act
Marine Protection, Research, and Sanctuaries Act
-extended environmental protection to the oceans
-requires a permit for dumping wastes and other foreign materials into ocean waters
-establishes marine sanctuaries in ocean waters and in the great lakes and their connecting waters
Oil Spills
-Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans
-the clean water act authorizes the U.S. gov't to clean up oil spills and spills of other hazardous substances in the ocean
-gov't can recover cleanup costs from responsible parties
Toxic Substances
-Chemicals used for agricultural, industrial, and mining uses that cause injury to humans, birds, fish, and vegetation
Key Federal Laws of Toxic Substances
-Insecticide, Fungicide, and Rodenticide Act of 1947
-Toxic Substances Control Act of 1976
Hazardous Waste
-solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed
Toxic Substances Control Act
-requires manufacturers and processors to test new chemicals to determine their effect on human health and the environment before the EPA will allow them to be marketed
-EPA establishes standards
-Requires stationary sources to control emissions
-EPA can limit or prohibit manufacture and sale, or remove it from commerce
Insecticides, Fungicides, and Rodenticides
-requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA
-The EPA may deny, suspend, or cancel registration
Resource Conservation and Recovery Act of 1976 (RCRA)
-federal statute that authorizes the EPA to regulate facilities that generate, treat, store, transport, and dispose of hazardous wastes
-states have primary responsibility for implementing the standards established by the act and EPA regulations
Superfund
-Comprehensive Environmental Response, Compensation + Liability Act of 1980 (CERCLA)
-administered by the EPA
-gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned
Superfund Requires the EPA to
-identify sites in the U.S. where hazardous wastes have been disposed, stored, abandoned, or spilled
-rank these sites regarding the severity of risk
-the hazardous waste sites with the highest ranking are put on a national priority list
-the law provides for the creation of a fund to finance the cleanup of hazardous waste sites
-can order polluter or landowner to pay for cleanup
Radiation Pollution
-Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment
-The EPA has authority to set standards for radioactivity and to regulate disposal
Nuclear Regulatory Commission
-licenses the construction and opening of commercial nuclear power plants
-continually monitors the operation of nuclear power plants and may close a plant if safety violations are found
EPA Regulations
-empowered to set standards for radioactivity in the environment and to regulate the disposal of radioactive waste
-regulates thermal pollution from nuclear power plants
-regulates emissions from uranium mines and mills
Endangered Species Act
-federal statute that protects endangered and threatened species of animals
-the secretary of the interior is empowered to declare a form of wildlife endangered/threatened
-the act requires the EPA and the dept. of commerce to designate critical habitats for each endangered and threatened species
-the act prohibits the taking of any endangered species
Federal Wildlife Laws
-Migratory Bird Treaty Act
-Bald Eagle Protections Act
-Wild Free-roaming horses and burros act
-marine mammal protection act
-migratory bird conservation act
-fishery conservation and management act
-national wildlife refugee system
State Environmental Protection Laws
-Many state and local governments have enacted statues and ordinances to protect the environment
-states are entitled to set pollution standards that are stricter than federal requirements
Global Dimensions of Environmental Regulation
-transnational nature of pollution
(movement of air in prevailing wind patterns, movement of water through ocean currents, active and passive migration of numerous species of plants and animals)
-Global commons like Oceans
-U.S. and Global Environmental Policies (research, conferences, treaties, and aid)
Kyoto Protocol
-greenhouse gasses from CO2 created by burning coal, oil, and gas causing global warming
-currently 192 countries in Kyoto protocol
-international treaty to reduce greenhouse gas
-U.S. didn't sign, but adopted own regulations
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