Under what common law theories can polluters be held liable? Under what common law theories can polluters be held liable? What is an environmental impact statement, and who must file one? What is an environmental impact statement, and who must file one? What does the Environmental Protection Agency do?  What does the Environmental Protection Agency do?  © 2012 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. 2

What major federal statutes regulate air and water pollution? What major federal statutes regulate air and water pollution? What is Superfund? What categories of persons are liable under Superfund? What is Superfund? What categories of persons are liable under Superfund? © 2012 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. 3

Nuisance. Nuisance. – Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property. © 2012 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. 4

Negligence and Strict Liability. 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. © 2012 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. 5

State and local governments regulate some aspect of the environment. State and local governments regulate some aspect of the environment. – Local Zoning Laws. – Local Growth and Development Plans. © 2012 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. 6

Environmental Regulatory Agencies: primary federal agency is the EPA. All federal agencies must take the environmental impact into account when making significant decisions.  Environmental Regulatory Agencies: primary federal agency is the EPA. All federal agencies must take the environmental impact into account when making significant decisions.  © 2012 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. 7

Environmental Impact Statements. An EIS must analyze: 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. © 2012 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. 8

Updating Pollution-Control Standards. Updating Pollution-Control Standards. Stationary Sources of Pollution. Stationary Sources of Pollution. – Listing of Hazardous Air Pollutants. State of New Jersey v. EPA – CASE 41.1 State of New Jersey v. EPA (2008). Why was the EPA ordered to delist mercury? --> © 2012 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. 9

Violations of the Clean Air Act. Violations of the Clean Air Act. – Civil penalties up to $25,000/day. – Intentional violations may involve criminal penalties. © 2012 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. 10

Clean Water Act goals are: safe swimming, protection of fish and wildlife, elimination of the discharge of pollutants into waterways. 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.  © 2012 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. 11

Clean Water Act (cont’d). Clean Water Act (cont’d). – Standards for Equipment: ‘best available control technology’ (BACT). Some provisions require EPA to weigh cost of BACT with benefits. Entergy Corp. v. Riverkeeper, Inc. CASE 41.2 Entergy Corp. v. Riverkeeper, Inc. (2009). Why was the cost-benefit analysis permitted by the EPA? © 2012 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. 12

Clean Water Act (cont’d). Clean Water Act (cont’d). – Violations of the Clean Water Act. Wetlands. CWA prohibits filling or dredging of wetlands unless a permit is issued. Wetlands. CWA prohibits filling or dredging of wetlands unless a permit is issued. Drinking Water. Drinking Water. Ocean Dumping.  Ocean Dumping.  © 2012 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. 13

Oil Pollution. Oil Pollution. – See the 2010 British Petroleum Gulf Oil Spill. © 2012 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. 14

Pesticides and Herbicides. 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. © 2012 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. 15

Toxic Substances Control Act: 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. © 2012 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. 16

Resource Conservation and Recovery Act. Resource Conservation and Recovery Act. – Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances. © 2012 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. 17

SUPERFUND - CERCLA. 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,  © 2012 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. 18

SUPERFUND (cont’d). SUPERFUND (cont’d). – 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. © 2012 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. 19