© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Chapter 21: Protecting the Environment © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

 Nuisance. Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property. Common Law Actions 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Negligence and Strict Liability. Business or person’s failure to use reasonable care toward a party whose injury was foreseeable and caused by the lack of reasonable care. Common Law Actions 3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  All levels of government regulate some aspect of the environment.  State and Local Regulations. Local Zoning Laws. Local Growth and Development Plans. Federal, State, and Local Regulations 4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Federal Regulations. Environmental Regulatory Agencies: primary federal agency is the EPA. All federal agencies must take the environmental impact into account when making significant decisions.  Federal, State, and Local Regulations 5

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Federal Regulations. Environmental Impact Statements. 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. Federal, State, and Local Regulations 6

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Mobile Sources Obama administration long-term goals of reducing emissions.  Stationary Sources. Listing of Hazardous Air Pollutants. CASE 21.1 N EW J ERSEY V. EPA (2008). CASE 21.1 N EW J ERSEY V. EPA (2008). Why was the EPA ordered to delist mercury? Air Pollution 7

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Stationary Sources. Air Pollution Control Standards.  Violations of the Clean Air Act. Civil penalties up to $25,000/day. Intentional violations may involve criminal penalties. Air Pollution 8

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Clean Water Act goals are: safe swimming, protection of fish and wildlife, elimination of the discharge of pollutants into waterways. Focus on Point-Source Emissions: municipal, industrial, and agricultural sources must have a permit.  Water Pollution 9

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Clean Water Act (cont’d). Point Source Emissions. CASE 21.2 N ATURAL R ESOURCES D EFENSE C OUNCIL V. C OUNTY OF L OS A NGELES (2011). CASE 21.2 N ATURAL R ESOURCES D EFENSE C OUNCIL V. C OUNTY OF L OS A NGELES (2011). What was the key factor in the court’s ruling? Water Pollution 10

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Clean Water Act (cont’d). Standards for Equipment: ‘best available control technology’ (BACT). EPA must weigh cost of BACT with benefits. CASE 21.3 E NTERGY C ORP. V. R IVERKEEPER, I NC. (2009). CASE 21.3 E NTERGY C ORP. V. R IVERKEEPER, I NC. (2009). Why was the cost-benefit analysis permitted by the EPA? Violations of the Clean Water Act. Water Pollution 11

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Wetlands. CWA prohibits filling or dredging of wetlands unless a permit is issued.  Drinking Water: EPA sets maximum level for pollutants.  Ocean Dumping.  Oil Pollution. See the 2010 British Petroleum Gulf Oil Spill. Water Pollution 12

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Pesticides and Herbicides. 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 Chemicals 13

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Toxic Substances Control Act: Requires anyone planning to use chemicals first determine their effect on human health and environment. EPA can require special labeling, limit use of substance, set production quotas, or prohibit the use of a substance altogether. Toxic Chemicals 14

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Resource Conservation and Recovery Act. Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances. Hazardous Waste Disposal 15

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  SUPERFUND - CERCLA. Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations. Potentially Responsible Parties: (1) the person who generated the wastes disposed of at the site,  Hazardous Waste Disposal 16

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  SUPERFUND - CERCLA. Potentially Responsible Parties: (2) the person who transported the wastes to the site, (3) the person who owned or operated the site at the time of the disposal, or (4) the current owner or operator. Joint and Several Liability.  Hazardous Waste Disposal 17

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  SUPERFUND - CERCLA. Minimizing Liability. Defenses: innocent landowner defense which requires no knowledge of contamination at the time of sale, and that she took all appropriate investigation. Hazardous Waste Disposal 18