© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 45 Environmental Law Chapter 45 Environmental Law

© 2004 West Legal Studies in Business A Division of Thomson Learning 2 Introduction 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 3 § 1: 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 4 § 2: 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 5 § 3: Federal Regulation Federal environmental policy is achieved through federal agencies:  Example: Environmental Protection Agency (EPA).Environmental Protection Agency  Regulatory agencies must take environmental factors into consideration when making significant decisions. Federal environmental policy is achieved through federal agencies:  Example: Environmental Protection Agency (EPA).Environmental Protection Agency  Regulatory agencies must take environmental factors into consideration when making significant decisions.

© 2004 West Legal Studies in Business A Division of Thomson Learning 6 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 7 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 8 § 4: Air Pollution Clean Air Act.  This act provides the basis for issuing regulations to control pollution coming primarily from mobile sources and stationary sources.  It prescribes the use of pollution control equipment that represents the maximum achievable control technology.  Case 45.1: Clean Air Markets Group v. Pataki (2002). Clean Air Act.  This act provides the basis for issuing regulations to control pollution coming primarily from mobile sources and stationary sources.  It prescribes the use of pollution control equipment that represents the maximum achievable control technology.  Case 45.1: Clean Air Markets Group v. Pataki (2002).

© 2004 West Legal Studies in Business A Division of Thomson Learning 9 §5: Water Pollution Clean Water Act goals are:  Safe swimming.  Protection of fish and wildlife.  Elimination of the discharge of pollutants into waterways. Pollution control is largely achieved through the use of the best available control technology. Clean Water Act goals are:  Safe swimming.  Protection of fish and wildlife.  Elimination of the discharge of pollutants into waterways. Pollution control is largely achieved through the use of the best available control technology.

© 2004 West Legal Studies in Business A Division of Thomson Learning 10 §6: 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 11 § 7: 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.

© 2004 West Legal Studies in Business A Division of Thomson Learning 12 § 8: Hazardous Wastes Resource Conservation and Recovery Act.  Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.  Case 45.2: U.S. v. Elias (2001). CERCLA.  Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations.  Liability for cleanup costs can be assigned to any potentially responsible party (PRP).  Case 45.3: Carson Harbor Village Ltd. V. Unocal Corp. (2001). Resource Conservation and Recovery Act.  Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.  Case 45.2: U.S. v. Elias (2001). CERCLA.  Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations.  Liability for cleanup costs can be assigned to any potentially responsible party (PRP).  Case 45.3: Carson Harbor Village Ltd. V. Unocal Corp. (2001).

© 2004 West Legal Studies in Business A Division of Thomson Learning 13 § 9: Global Environmental Issues Cross-Border Pollution. Global Warming. Is Economic Development the Answer? Cross-Border Pollution. Global Warming. Is Economic Development the Answer?

© 2004 West Legal Studies in Business A Division of Thomson Learning 14 Law on the Web Environmental Protection Agency. Environmental Protection Agency EPA’s “buy-recycled” requirements. Legal Research Exercises on the Web. Environmental Protection Agency. Environmental Protection Agency EPA’s “buy-recycled” requirements. Legal Research Exercises on the Web.