1. Chapter 39 Environmental Law

2. 2  Under what common law theories may polluters be held liable?  What is an environmental impact statement? What is the EPA and what does it do?  What major statutes regulate air and water pollution? What is Superfund?  Under what common law theories may polluters be held liable?  What is an environmental impact statement? What is the EPA and what does it do?  What major statutes regulate air and water pollution? What is Superfund? Learning Objectives

3. 3 Environmental Law  The principal sources of environmental law are: Common Law Actions. State and Local Regulation. Federal Regulation.  The principal sources of environmental law are: Common Law Actions. State and Local Regulation. Federal Regulation.

4. 4 Common Law Actions  Nuisance. Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.  Negligence and Strict Liability. Business or person alleged failure to use reasonable care toward a party whose injury was foreseeable and, or course, caused by the lack of reasonable care.  Nuisance. Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.  Negligence and Strict Liability. Business or person alleged failure to use reasonable care toward a party whose injury was foreseeable and, or course, caused by the lack of reasonable care.

5. 5 State and Local Regulation  States regulate the degree to which the environment may be polluted.  City, county, and other local governments control some aspects of the environment. Local zoning laws. Methods of waste and garbage removal. Location and conditions of parks, streets and other public areas.  States regulate the degree to which the environment may be polluted.  City, county, and other local governments control some aspects of the environment. Local zoning laws. Methods of waste and garbage removal. Location and conditions of parks, streets and other public areas.

6. 6 Federal Regulation  Federal environmental policy is achieved through federal agencies: Example: Environmental Protection Agency [http://www.epa.gov] (EPA).http://www.epa.gov Regulatory agencies must take environmental factors into consideration when making significant decisions.  Federal environmental policy is achieved through federal agencies: Example: Environmental Protection Agency [http://www.epa.gov] (EPA).http://www.epa.gov Regulatory agencies must take environmental factors into consideration when making significant decisions.

7. 7 Federal Regulation  National Environmental Policy Act (NEPA). Does not directly deal with pollution control. Require preparation of an environmental impact statement (EIS) when major federal action in the environment is to be undertaken.  Media Specific Pollution Control Legislation.  National Environmental Policy Act (NEPA). Does not directly deal with pollution control. Require preparation of an environmental impact statement (EIS) when major federal action in the environment is to be undertaken.  Media Specific Pollution Control Legislation.

8. 8 Environmental Impact Statement  An EIS must analyze: The impact of the proposed action on the environment. Any adverse effects of the action and alternatives to the action. Any irreversible effects the action might generate.  An EIS must analyze: The impact of the proposed action on the environment. Any adverse effects of the action and alternatives to the action. Any irreversible effects the action might generate.

9. 9 Air Pollution  Clean Air Act. This act provides the basis for issuing regulations to control pollution coming primarily from stationary (factories) and mobile (cars) sources of air pollution. It prescribes the use of pollution control equipment that represents the maximum achievable control technology. Violations: civil penalties up to $25,000/day. Willful violations carry criminal penalties and fines.  Clean Air Act. This act provides the basis for issuing regulations to control pollution coming primarily from stationary (factories) and mobile (cars) sources of air pollution. It prescribes the use of pollution control equipment that represents the maximum achievable control technology. Violations: civil penalties up to $25,000/day. Willful violations carry criminal penalties and fines.

10. 10 Water Pollution  Clean Water Act’s goals: Safe swimming and drinking water. Protection of fish and wildlife (wetlands). Elimination of the discharge of pollutants into waterways (navigable waterways).  Pollution control is largely achieved through the use of the best available control technology.  Clean Water Act’s goals: Safe swimming and drinking water. Protection of fish and wildlife (wetlands). Elimination of the discharge of pollutants into waterways (navigable waterways).  Pollution control is largely achieved through the use of the best available control technology.

11. 11 Noise Pollution  Noise Control Act. Establishes noise emissions standards (maximum noise levels below which no harmful effects occur from interference with speech or other activity). Prohibits distributing products manufactured in violation of the noise emission standards.  Noise Control Act. Establishes noise emissions standards (maximum noise levels below which no harmful effects occur from interference with speech or other activity). Prohibits distributing products manufactured in violation of the noise emission standards.

12. 12 Toxic Chemicals  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Regulates the use of pest control chemicals in the process of food growth to food packaging, to minimize their presence in foods consumed.  Toxic Substances Control Act. Requires anyone planning to use chemicals first determine their effect on human health and the environment. Require special labeling, limit the use of substance, set production quotas, or prohibit the use of a substance altogether.  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Regulates the use of pest control chemicals in the process of food growth to food packaging, to minimize their presence in foods consumed.  Toxic Substances Control Act. Requires anyone planning to use chemicals first determine their effect on human health and the environment. Require special labeling, limit the use of substance, set production quotas, or prohibit the use of a substance altogether.

13. 13 Hazardous Waste Disposal  Resource Conservation and Recovery Act. Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.  CERCLA. Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations. Joint and Several Liability for cleanup costs can be assigned to any potentially responsible party (PRP).  Resource Conservation and Recovery Act. Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.  CERCLA. Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations. Joint and Several Liability for cleanup costs can be assigned to any potentially responsible party (PRP).