Environmental Regulation "Every human has a fundamental right to an environment of quality that permits a life of dignity and well-being." United Nations Conference on the Human Environment

Thought Questions o Why is environmental law necessary? o Is environmental health a human right?

Environmental Ethics o Field of ethics that considers the moral basis of environmental responsibility o Western Worldview Human superiority and dominance over nature Human superiority and dominance over nature o Deep Ecology Worldview All species have an equal worth to humans All species have an equal worth to humans o Most people’s ethics fall somewhere in between

Definition of Pollution  Pollution is any substance in the environment that endangers human welfare  Toxic substances in pollutants linked to:  Carcinogenesis  Mutagenesis  Teratogenesis  Behavior disorders Bald eagle faced extinction due to mutagenic effect of DDT

Overview of Environmental Law o U.S. Environmental Protection Agency (EPA) was created in 1970 to protect human health and the environment Environmental Protection AgencyEnvironmental Protection Agency o Principal sources of environmental law:  Civil (Common Law) Actions  Federal Regulation  State, Tribal, and Municipal Regulation  International Treaties and Conventions

Civil Actions o Person may be liable for nuisance if he used property in a manner that unreasonably interferes with another’s rights to use or enjoy their property o Person may be liable for negligence or strict liability if he failed to use reasonable care toward a party whose injury was foreseeable and caused by the lack of reasonable care

o Federal environmental policy is achieved by statutes implemented by federal, state, and tribal agencies, and programs designed to regulate the environment within each respective jurisdiction o Litigation, injunction, and penalties (civil & criminal) are possible consequences of violating environmental laws Federal Regulation

Nature of Environmental Law o Most environmental laws are implemented through permitting programs that establish pollution limits Thus, environmental laws do not prevent pollution, but set pollution limits and create a system to compensate for environmental harm Thus, environmental laws do not prevent pollution, but set pollution limits and create a system to compensate for environmental harm Subject of laws: health and safety, pollution, conservation efforts, environmental damage Subject of laws: health and safety, pollution, conservation efforts, environmental damage

Environmental History of the US o 1600s - early 1800s = Frontier Attitude Natural Resources (land, timber soil, water) seemed inexhaustible Natural Resources (land, timber soil, water) seemed inexhaustible Widespread Environmental Destruction Widespread Environmental Destruction Dominated by Frontier Attitude Establishment of Jamestown, VA

Environmental History of US John James Audobon ( ) Henry David Thoreau ( ) George Perkins Marsh ( ) o 19th century- US Naturalists voiced concerns about natural resources Audobon- painting increased interest in environment Audobon- painting increased interest in environment Thoreau- naturalist author on simplifying life Thoreau- naturalist author on simplifying life Marsh- wrote Man and Nature Marsh- wrote Man and Nature

Environmental History of US o General Revision Act Gave President Authority to establish forest reserves Gave President Authority to establish forest reserves Presidents Harrison, Cleveland, Roosevelt put 17.4 million hectares into reserve Presidents Harrison, Cleveland, Roosevelt put 17.4 million hectares into reserve Roosevelt reserved additional 6.5 million hectares before signing bill preventing further forest reservation Roosevelt reserved additional 6.5 million hectares before signing bill preventing further forest reservation 1875 American Forestry Assoc. Formed General Revision Act 1890 Yosemite and Sequoia National Parks Established

Environmental History of US o Utilitarian Conservationist Roosevelt Roosevelt Value natural resources for their usefulness Value natural resources for their usefulness o Biocentric Preservationist John Muir (founded Sierra Club) John Muir (founded Sierra Club) Fought for National Parks Fought for National Parks Protect nature because all life deserves respect Protect nature because all life deserves respect

Environmental History of US o Antiquities Act Allows president to set aside sites of scientific or historical importance (monuments) Allows president to set aside sites of scientific or historical importance (monuments) o American Dust Bowl (1930s droughts) Basis for Soil Conservation Service Basis for Soil Conservation Service Created by Franklin Roosevelt Created by Franklin Roosevelt 1906 Antiquities Act Creation of Soil Conservation Service 1916 National Park Service Created

Environmental History of US o 20 th Century Naturalists Leopold- Author (A Sand Country Almanac) Leopold- Author (A Sand Country Almanac) Stegner- Author (“Wilderness Essay”) Stegner- Author (“Wilderness Essay”) Carson- Author (Silent Spring) Carson- Author (Silent Spring) Heightened awareness of DDT and pesticides Heightened awareness of DDT and pesticides Aldo Leopold ( ) Wallace Stegner ( ) Rachel Carson ( )

Play with timeline o /04/22/science/earth/ _environ ment_timeline.html?_r=0

US Environmental Legislation o Environmental Protection Agency Est Est o National Environmental Policy Act (NEPA) Cornerstone of Environmental Law Cornerstone of Environmental Law Requires Environmental Impact Statements (EIS) for any proposed federal action Requires Environmental Impact Statements (EIS) for any proposed federal action Ex: highway or dam construction Ex: highway or dam construction EIS must answer many questions (next slide) EIS must answer many questions (next slide) Revolutionized environmental protection in US Revolutionized environmental protection in US

Environmental Impact Statements

US Environmental Legislation o Numerous laws passed since 1970 o They address: Clean water Clean water Clean air Clean air Energy conservation Energy conservation Hazardous waste Hazardous waste Pesticides Pesticides Federal regulation of pollution Federal regulation of pollution

Effects of Environmental Legislation (According to EPA’s Draft Report on the Environment 2003) o Since 1970, 6 air pollutants have dropped by 25% 6 air pollutants have dropped by 25% o Since 1990 wet sulfate levels decreased 20-30% wet sulfate levels decreased 20-30% o In % of US had healthy drinking water (up from 79% in 1993) 94% of US had healthy drinking water (up from 79% in 1993) o As of of 1498 Superfund Sites are cleaned up 846 of 1498 Superfund Sites are cleaned up o Fewer streams violate water standards

Case Study- Environmental Problems in Eastern Europe o Fall of Communist governments revealed large environmental destruction Soil and water poisoned Soil and water poisoned Unidentified leaks in dumping sites Unidentified leaks in dumping sites Industry with air pollutants causing acid rain Industry with air pollutants causing acid rain Children with chronic asthma, bronchitis, and heart problems Children with chronic asthma, bronchitis, and heart problems

o Meeting industrial quotas took precedence over environmental concerns o Switch from communism to market economies- need to improve environment Will take decades to clean up polluting economics of communism Will take decades to clean up polluting economics of communism o Success varies by country Romania- EPI = 90 th Romania- EPI = 90 th Czech Republic- EPI = 4 th Czech Republic- EPI = 4 th Case Study- Environmental Problems in Eastern Europe

OVERVIEW OF FEDERAL ENVIRONMENTAL LAWS

National Environmental Policy Act (NEPA) o NEPA requires federal agencies to prepare an environmental impact statement (EIS) for major federal actions significantly affecting the quality of the human environment o EIS must analyze the impact of proposed action on environment, expected adverse effects, practical and feasible alternative methods, any irreversible effects possible

Air Pollution Programs o Primary law: Clean Air Act Goal: improve National Ambient Air Quality through standards (NAAQS) Goal: improve National Ambient Air Quality through standards (NAAQS) o Focus is controlling pollution from mobile sources and stationary sources by issuing permits to polluters “End-of-pipe” air emissions at paper mill

o Each state must develop state implementation plan (SIP) for meeting national ambient air quality standards o State environmental agencies issue permits to companies that emit pollutants specifying type of pollutants allowed and amount o Act enforced by agency action and citizen suits against polluters who violate law Clean Air Act Implementation

International Environmental Law o The Clean Air Act specifically supports U.S. obligations under the Montreal Protocol, an international agreement to reduce air pollution and ozone-depleting substances Pulp and paper mill

Water Pollution Programs o Wetlands, Ocean, and Coastal Zone Pollution o Groundwater & Drinking Water Protection o Wastewater Acid leachate pond near mining operation

Primary Statute: Clean Water Act o Clean Water Act (CWA) goals:  Ensure that navigable water is safe for drinking, fish & wildlife protection, and recreational use  Eliminate or limit discharge of pollutants into coastal and navigable inland waterways

o For non-point and point sources, EPA sets CWA water quality criteria or standards o Every industrial or municipal facility must apply for a National Pollutant Discharge Elimination System (NPDES) permit to discharge pollutants into inland waterways or oceans o Generally, state agencies establish standards for state water bodies and issue permits Clean Water Act Standards

Wetlands o Section 404 of the Clean Water Act (CWA) protects wetlands by requiring a permit from the Army Corps of Engineers before dredged or fill material may be discharged into waters of the United States Endangered green pitcher plant found in some southern wetlands

o Primary Laws:  FIFRA  TSCA  RCRA  CERCLA Land Pollution Iron Mountain Superfund site in California caused by acid mine drainage

Pesticides & Toxic Substances o Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) r egulates use of pest control chemicals, from food growth to food packaging, to minimize presence of pesticides in consumable foods o Toxic Substances Control Act (TSCA) requires anyone planning to sell or market chemicals to first determine effect on human health and the environment

o In a cradle to grave regulatory system, RCRA and CERCLA regulate storage, disposal, and remediation of hazardous substances o Resource Conservation and Recovery Act grants EPA power to regulate the monitoring, transporting, storage, treatment, and disposal of solid waste and hazardous waste  Tracking of substances from creation of waste through disposal or treatment Waste Disposal Laws

CERCLA o Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, or Superfund, authorizes EPA to ensure clean-up and remediation of hazardous waste sites and assign liability for clean-up costs to any potentially responsible party (PRP) Current owners or operators, former owners or operators, arrangers for treatment or disposal of hazardous substances, and transporters Current owners or operators, former owners or operators, arrangers for treatment or disposal of hazardous substances, and transporters

Conservation Efforts o A number of laws, such as the Endangered Species Act, attempt to identify, list, and protect threatened or endangered species  See U.S. Fish & Wildlife Service webpage U.S. Fish & Wildlife Service U.S. Fish & Wildlife Service o Convention on International Trade in Endangered Species (CITES) prohibits trade in threatened or endangered species, whether animal, plants, or parts of animals or plants Convention on International Trade in Endangered Species Convention on International Trade in Endangered Species

Environmental Management o Partly because of the regulatory web and partly for corporate social responsibility, many companies implement an environmental management system (EMS)  Examples include ISO 14001, Responsible Care, and Smart WoodISO 14001Responsible CareSmart Wood

Economics and the Environment o Economics- study of how people use limited resources to satisfy unlimited wants Analytical tools include models Analytical tools include models

Precepts to study Economics o Economics is utilitarian Goods and services have value that can be converted to currency Goods and services have value that can be converted to currency o Rational Actor Model Assumes all individuals spend limited resources to maximize individual utilities Assumes all individuals spend limited resources to maximize individual utilities o Ideal economy Resources are allocated efficiently Resources are allocated efficiently

Optimum Level of Pollution o Optimum Level of Pollution Cost to society of having less pollution is offset by benefits to society of activity creating pollution Cost to society of having less pollution is offset by benefits to society of activity creating pollution o Must identify Marginal Cost of Pollution- Cost of small additional amount of pollution Marginal Cost of Pollution- Cost of small additional amount of pollution Marginal Cost of Abatement- Cost of reducing small amount of pollution Marginal Cost of Abatement- Cost of reducing small amount of pollution

Economic Optimum Level of Pollution

Private vs Social Cost of Pollution

Strategies for Pollution Control o Command and Control Solutions Government agency requires limitations to emissions or pollutants Government agency requires limitations to emissions or pollutants Discourages development of low-cost alternatives Discourages development of low-cost alternatives Economists dislike this Economists dislike this o Environmental Taxes/ Tradable Permits If taxes are set at correct level private marginal cost of pollution = social cost of pollution If taxes are set at correct level private marginal cost of pollution = social cost of pollution Economists like this Economists like this

Effect of Tax on Optimum Pollution

Critiques of Environmental Economics o Difficult to assess true costs of environmental pollution and abatement Impacts of pollution on people and nature is uncertain Impacts of pollution on people and nature is uncertain Ecosystem services have no known value Ecosystem services have no known value o Utilitarian economics may not be appropriate Dynamic changes and time are not considered Dynamic changes and time are not considered Based only on monetary value – what is monetary value of clean earth? Based only on monetary value – what is monetary value of clean earth?

National Income Accounts o Estimates of National Economic Performance and used in Politics Gross Domestic Product (GDP) Gross Domestic Product (GDP) Net Domestic Product (NDP) Net Domestic Product (NDP) o Environment may be overexploited to yield a higher GDP in developing countries o EPI (Environmental Performance Index) Assesses a country’s commitment to environmental and resource management Assesses a country’s commitment to environmental and resource management

Test Your Knowledge o True=A, False = B  NEPA applies only to federal agencies.  The Clean Air Act applies to mobile and stationary sources of pollution.  One goal of the Clean Water Act is to eliminate or limit discharge of pollutants into navigable waterways.  Section 404 of the Clean Water Act (CWA) protects wetlands

Test Your Knowledge o True=A, False = B  Both RCRA and CERCLA establish a cradle to grave regulatory system for hazardous waste.  Retroactive laws are always unconstitutional.  Only the U.S. EPA may enforce the Clean Air Act or Clean Water Act.  RCRA requires companies to track and monitor hazardous waste from creation through disposal or treatment

Test Your Knowledge o Multiple Choice  An environmental impact statement must analyze: (a) The impact of the proposed action on the environment (b) Any expected adverse effects of the action (c) Practical and feasible alternative methods (d) All of the above (e) Both A and B only

Test Your Knowledge o Multiple Choice  A potentially responsible party may be: (a) A current owner of the facility (b) A former owner of the facility (c) The plant manager who arranged for the disposal of hazardous substances from the facility (d) The company that operates the facility (e) All of the above

Test Your Knowledge o True=A, False = B  Pollution is any substance in the environment that endangers human welfare.  States and Indian tribes may enact and enforce environmental laws.  Environmental law prevents pollution.  Violating an environmental law may result in a civil penalty, but cannot be a crime

Test Your Knowledge o Multiple Choice  The sources of environmental law include: (a) Federal legislation enacted by Congress (b) Federal agency regulations (c) State and tribal environmental law enacted pursuant to state and tribal legislative bodies (d) All of the above (e) All of the above plus international treaties

Thought Question o Given technological improvements in alternative energy (wind or solar power, biofuels), does a company have a social responsibility to use the best available technology? Anaerobic bioreactors for sludge digestion and methane production in Kiel, Germany