1. © 2004 West Legal Studies in Business, a Division of Thomson Learning 24.1 Chapter 24 Environmental Law

2. 24.2 Overview of Environmental Law National Environmental Policy Act of 1969 Clean Water Act Clean Air Act Federal Noise Control Act of 1972 Resource Conservation and Recovery Act of 1976 (RCRA)

3. 24.3 Overview of Environmental Law Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Toxic Substances Control Act (TOSCA) Marine Protection, Research and Sanctuaries Act of 1972 Energy Supply and Environmental Coordination Act of 1974

4. 24.4 Overview of Environmental Law Endangered Species Act Safe Drinking Water Act of 1974 Nuclear Waste Policy Act Inside Environmental Response Compensation and Liability Act (CERCLA)

5. 24.5 National Environmental Policy Act Establishes Council on Environmental Quality Requires federal agencies to take environmental concerns into account when they take certain actions Requires federal agencies to prepare detailed environmental impact statements

6. 24.6 Elements of Environmental Impact Statements Environmental impact of the proposed action Adverse effects of the proposed action Alternatives to the proposed action Relation between short-term uses of the environment and maintenance and enhancement of productivity Any irreversible and irretrievable resource commitments involved

7. 24.7 Elements of Environmental Impact Statements Failure to prepare an EIS Length of EIS Inadequate EIS The public and an EIS Substantive requirements Interest of business in an EIS

8. 24.8 Clean Water Act Best practicable treatment control levels and best available treatment control levels Effluent guidelines and effluent limitations Midcourse corrections CriticismsEnforcement 1987 amendments

9. 24.9 Clean Air Act Pre-federal air pollution control Federal air pollution control Amendments of 1965, 1967, 1970 Pollutants covered Basic concepts Enforcement

10. 24.10 Problems Addressed in 1977 Amendments Prevention of significant deterioration of air cleaner than ambient standards Divided into three categories: Class I, Class II, Class III Nonattainment areas Emission offset policy Economic impact statements Improving compliance and enforcement (EISs)

11. 24.11 Air Pollution Costs and Benefits Costs Billions of dollars Increase of coal production leading to noncriteria pollution with nitrates, trace metals, and organic cardinogens Greenhouse effect Benefits Improved public health

12. 24.12 1990 Amendments Stricter vehicle emissions Controls on ozone depletion Acid rain Limiting toxic air pollutants Marketable air pollution rights

13. 24.13 Solid Waste: Resource Conservation and Recovery Act Goals Control management of solid waste Encourage resource conservation and recovery Implementation Aid in developing local programs Regulate hazardous wastes Resource recovery and conservation Sanctions

14. 24.14 Toxic Substances Control Act Control of toxic chemicals Requires the EPA to inventory chemicals in interstate commerce Requires chemical makers to notify EPA of new substances EPA keeps records, tests, and reports on toxic chemicals Criticisms to TOSCA

15. 24.15 Nuclear Waste Policy Act Provides guidelines where federal government would design high-level waste dumps DOE names potentially acceptable sites then develops regulations for HLW disposal Sites are presidentally approved Nuclear waste disposal regulated by several federal agencies

16. 24.16CERCLA Created the “Superfund” to assist in cleaning up and containing hazardous waste dumps Courts hold responsible parties strictly liable Courts interpret CERCLA to impose joint and several liability Potentially responsible parties held liable for waste dumped before CERCLA was passed

17. 24.17 Endangered Species Act Authorizes U.S. secretary of the interior to designate endangered species Two-tier review process to oversee designations Federal projects halt if they endanger species of plants or animals

18. 24.18 Stages in Environmental Law Window dressing Hue and cry Hard look Practical effects

19. 24.19 Recap – Terms to Know Environmental ethic Environmental law in general Specific federal environmental acts Environmental Protection Agency Council on Environmental Quality Environment impact statements