Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta 1

Three Broad Categories Regulation of pollutants Regulation of chemical substances in commercial products Policy decisions regarding the quality of the environment 2

Pollutants Clean Air Act Federal Water Pollution Control Act as amended by the Clean Water Act Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) 3

Chemical Substances Federal Insecticide, Fungicide and Rodenticide Act Toxic Substances Control Act 4

Policy Decisions National Environmental Policy Act of 1969 (NEPA) 5

Admimnistration of Environmental Laws Federal Environmental Protection Agency (EPA) Created in 1970 by executive order Responsible for all federal laws except NEPA State Some state laws predated the federal and are more stringent and comprehensive The EPA may permit such state programs to operate 6

Clean Air Act The EPA has established national ambient air quality standards (NAAQS) for pollutants. Six specific standards were set for Particulate matter Sulphur dioxide Ozone Nitrogen dioxide Carbon monoxide Lead American Electric Power v. Connecticut (2011) EPA has exclusive authority to regulate greenhouse gas emissions 7

Clean Water Act Regulates the discharge of pollutants into the navigable waters of the U.S. States regulate non-navigable waters Corporate officers can be held civilly liable if they had authority over the violative activity, and can be held criminally liable for knowing violations of the Act. 13-year sentence for toxic waste dump into sewer 8

Resource Conservation and Recovery Act Governs management of hazardous waste “Cradle-to-grave” responsibility for proper disposal of hazardous waste Potential civil and criminal liability for corporate officers 9

Federal Superfund Law Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Imposes strict liability on present owner of land, as well as previous owners and those responsible for the disposal of the hazardous substance Split of authority as to whether the Act can be applied retroactively, i.e., for pollution that occurred before December 11,

Gowanus Canal 11

Gowanus Canal 12