Presentation on theme: "Chapter 51 Environment Law and Land Use Controls Twomey, Business Law and the Regulatory Environment (14th Ed.)"— Presentation transcript:
Chapter 51 Environment Law and Land Use Controls Twomey, Business Law and the Regulatory Environment (14th Ed.)
(c) 2000 West Legal Studies Chapter 512 Penalties for Violations of Federal Environmental Laws [51-1]
(c) 2000 West Legal Studies Chapter 513 Definition of Nuisance [51-2] Private (affects one or a few persons) Public (affects a community) Nuisance Per Se (nuisance in all situations) Nuisance in Fact (nuisance in certain situations) Criminal (place where illegal acts repeatedly occur) Permanent (single act with permanent damage) Continuing (series of related acts) Nuisance: Conduct that unreasonably interferes with the enjoyment or use of land. Conduct that has a negative effect upon others without being balanced by a benefit to society.
(c) 2000 West Legal Studies Chapter 514 Chapter 51 Summary There are public and private regulations of land use. The public regulations consist of environmental laws and zoning. Environmental laws exist at both the state and the federal levels.
(c) 2000 West Legal Studies Chapter 515 At the federal level, there are regulations that govern air pollution through limits on emissions and permits for discharges; water pollution with permit requirements, discharge prohibitions, and treatment standards; solid waste disposal with limitations on dumping and liability for cleanup when hazardous materials are found on property; and environmental quality through the use of advance studies on projects and their impact on the environment. Chapter 51 Summary 
(c) 2000 West Legal Studies Chapter 516 Other federal regulations on the environment protect endangered species, set standards for drinking water, and impose liability for oil spills as well as safety standards for oil tankers. Chapter 51 Summary 
(c) 2000 West Legal Studies Chapter 517 Environmental laws are primarily enforced at the federal level by the Environmental Protection Agency (EPA), but other federal agencies as well as state agencies work together to enforce the environmental laws, using criminal and civil penalties and injunctions to halt pollution. Private citizens also have the right to bring suit under federal statutes to enforce the requirements imposed. Chapter 51 Summary 
(c) 2000 West Legal Studies Chapter 518 A nuisance is a public or private interference with the use and enjoyment of land, and individuals can bring suit to halt nuisances. Courts perform a balancing test in deciding how to handle concerns about nuisances. That balance is one between the use and enjoyment of land and the economic interests of all of the parties involved. Chapter 51 Summary 
(c) 2000 West Legal Studies Chapter 519 Restrictive covenants in deeds are valid land use restrictions that pass from owner to owner and are enforceable so long as they do not violate any constitutional rights. Zoning is a public means of regulating land use. Zoning laws are part of an overall plan for development adopted by a governmental entity. Some landowners can obtain variances from zoning laws, and some preexisting uses are permitted to continue with the protection of a nonconforming use. Chapter 51 Summary