Chapter 46 Environmental Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

46-2 Alternative Means of Protecting The Environment Tort Law Nuisance: Unreasonable interference with another’s enjoyment and use of his/her real property (land) Nuisance: Unreasonable interference with another’s enjoyment and use of his/her real property (land) Negligence: Duty, breach of duty, causation, and damage Negligence: Duty, breach of duty, causation, and damage Trespass: Occurs when someone enters another’s property without permission Trespass: Occurs when someone enters another’s property without permission

46-3 Alternative Means of Protecting The Environment (Continued) Government Subsidies Approach: Government pays polluters to reduce their emissions Government Subsidies Approach: Government pays polluters to reduce their emissions Marketable Discharge Permits: Government issues set number of permits for pollutant discharges; companies are free to sell these permits among themselves Marketable Discharge Permits: Government issues set number of permits for pollutant discharges; companies are free to sell these permits among themselves “Green” Taxes: Government imposes taxes on environmentally harmful activities “Green” Taxes: Government imposes taxes on environmentally harmful activities Direct Regulation: Government regulates pollution; primary approach used today Direct Regulation: Government regulates pollution; primary approach used today

46-4 The Environmental Protection Agency (EPA) Created in 1970 Created in 1970 Largest federal agency Largest federal agency Mandate to address following types of pollution: Air, water, solid waste, pesticides, radiation, and toxic substances Mandate to address following types of pollution: Air, water, solid waste, pesticides, radiation, and toxic substances

National Environmental Policy Act Requires preparation of an “Environmental Impact Statement” (EIS) 46-5

46-6 Content of Environmental Impact Statement (EIS) Environmental impact of proposed action Environmental impact of proposed action Adverse environmental effects of action Adverse environmental effects of action Alternatives to proposed action Alternatives to proposed action Relationship between local short-term uses of human environment and maintenance and enhancement of long-term productivity Relationship between local short-term uses of human environment and maintenance and enhancement of long-term productivity Any irreversible and irretrievable commitments of resources in proposed activity (should it be implemented) Any irreversible and irretrievable commitments of resources in proposed activity (should it be implemented)

46-7 Regulating Air Quality Clean Air Act and National Ambient Air Quality Standards: Principal statutory means of regulating air quality Clean Air Act and National Ambient Air Quality Standards: Principal statutory means of regulating air quality Primary Standards: Levels necessary to protect public health Primary Standards: Levels necessary to protect public health Secondary Standards: Levels necessary to protect public welfare Secondary Standards: Levels necessary to protect public welfare Toxic Air Pollutants: 189 pollutants that cause serious consequences, even in small amounts Toxic Air Pollutants: 189 pollutants that cause serious consequences, even in small amounts Maximum Achievable Control Technology (MACT): Standard that must be met by industry pollution control equipment Maximum Achievable Control Technology (MACT): Standard that must be met by industry pollution control equipment

46-8 Regulating Water Quality Federal Water Pollution Control Act (Clean Air Act): Mandates “fishable and swimmable” waters; requires total elimination of pollutant discharges into navigable waters Federal Water Pollution Control Act (Clean Air Act): Mandates “fishable and swimmable” waters; requires total elimination of pollutant discharges into navigable waters Point-Source Effluent Limitations: Maximum allowable amounts of pollutants that can be discharged from a source within a given time period Point-Source Effluent Limitations: Maximum allowable amounts of pollutants that can be discharged from a source within a given time period Wetlands Protection: Requires landowner seeking to add dredged or filled material to wetland to get permit from Army Corps of Engineers. Wetlands Protection: Requires landowner seeking to add dredged or filled material to wetland to get permit from Army Corps of Engineers. Safe Drinking Water Act: Sets standards for drinking water supplied by public water supplier; “Right to know” provisions mean utilities must provide annual reports detailing water contaminants and harm they may cause Safe Drinking Water Act: Sets standards for drinking water supplied by public water supplier; “Right to know” provisions mean utilities must provide annual reports detailing water contaminants and harm they may cause

46-9 Regulating Hazardous Waste Resource Conservation and Recovery Act (RCRA) Resource Conservation and Recovery Act (RCRA) Manifest Program: Provides “cradle-to-grave” regulation of hazardous waste by requiring that every generator of hazardous waste maintain records on the waste Manifest Program: Provides “cradle-to-grave” regulation of hazardous waste by requiring that every generator of hazardous waste maintain records on the waste RCRA Amendments of 1984 and 1986: Made landfills a “last resort” for disposal of many types of waste RCRA Amendments of 1984 and 1986: Made landfills a “last resort” for disposal of many types of waste Enforcement of RCRA: EPA; states can establish their own programs, but EPA retains ultimate authority to investigate and fine violators Enforcement of RCRA: EPA; states can establish their own programs, but EPA retains ultimate authority to investigate and fine violators

46-10 Regulating Hazardous Waste (Continued) Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as Amended by the Superfund Amendment and Reauthorization Act of 1986 Money in Superfund used for toxic waste cleanup Money in Superfund used for toxic waste cleanup EPA may sue to recover costs EPA may sue to recover costs To date, Superfund has not been able to recoup its cleanup costs To date, Superfund has not been able to recoup its cleanup costs

46-11 Potentially Responsible Parties (“PRPs”) under CERCLA Present owners/operators of facility where hazardous materials stored Present owners/operators of facility where hazardous materials stored Facility owners/operators at time waste deposited Facility owners/operators at time waste deposited Generators of hazardous waste dumped at site Generators of hazardous waste dumped at site Those who transported hazardous waste to site Those who transported hazardous waste to site

46-12 Regulating Toxic Substances Toxic Substances Control Act (TSCA) “Toxic Substance”—Any chemical/mixture whose manufacture, processing, distribution, use/disposal may present an unreasonable risk of harm to human health or the environment “Toxic Substance”—Any chemical/mixture whose manufacture, processing, distribution, use/disposal may present an unreasonable risk of harm to human health or the environment Pre-Manufacturing Notice: Notification given to the EPA at least 90 days before first use of a chemical; contains information on risk posed by chemical Pre-Manufacturing Notice: Notification given to the EPA at least 90 days before first use of a chemical; contains information on risk posed by chemical

46-13 Regulating Toxic Substances (Continued) Federal Insecticide, Fungicide, and Rodenticide Act Federal Insecticide, Fungicide, and Rodenticide Act Registration of pesticides required for use and selling Registration of pesticides required for use and selling Restricted Use: Pesticide must be used in a specific manner in order not to pose unreasonable risk Restricted Use: Pesticide must be used in a specific manner in order not to pose unreasonable risk Food Quality Protection Act of 1996 Food Quality Protection Act of 1996 EPA required to establish single, health-based standard for pesticide residues on foods sold in United States EPA required to establish single, health-based standard for pesticide residues on foods sold in United States