1. OSHE 251 Environmental Laws and Regulations Dr. Ephraim Massawe Lecture 3: The American Legal System (in the context of environmental management)

2. Where can you find environmental LAWS? Students go through (Table 1-1) – pg 4 See page # 2 Once laws have been created, how are they classified? See next slides!!

3. Major Classification of Laws Case Laws Statutory laws Public Laws Private Laws Criminal Laws Civil Laws International laws or tax laws etc…

4. (1) Case Laws Case Laws – All precedents are classified as case laws - Judicial Branch – Precedents –Sources: - -usually these results from cases decided by judges and are found in “Case reports” –If interpretation was wrong, amendments of the law may become necessary –Case laws are found in the case-reports

5. 2. Statutory Laws Statutory Laws – Made by the Legislative Branch – “Statutes” –Codes of United States (USC) –Also known as the Acts (A-C-T-S)

6. 3. Public and Private Laws (3a) Public Laws – set up to provide for public welfare –OSHA laws/regulations –EPA laws/regulations –State agencies regulations 3(b) Private Laws – these are designed to conduct the behavior of two individuals e.g. tort or family laws

7. Other Classification of Laws Criminal Laws – based on federal and state statutes prohibiting threats or wrongs against the state, federal government or individuals or communities –Examples: arson, rape, murder, forgery, terrorism, illegal dumping of hazardous wastes; shoplifting –Environmental violations and citations fall under criminal laws (Willful or Knowing Violations ) –Punishable under criminal laws by fines, imprisonment or both

8. Other Classification of Laws Criminal Laws –Environmental criminal offenses started to be punished under criminal laws in 1982 The Department of Justice – DOJ – created an Environmental Crimes Unit (ECU) in the Land and Natural Resources EPA/DEQ established - Criminal Investigation Units In 1994 EPA established Office of Enforcement and Compliance Assurance

9. Other Classification of Laws Criminal Laws –Hazardous waste discharge (1.2 million gallons) discharged into a River in Pittsburg, PA caused the owner of a waste-pit company to go to jail (6-12 months) – pg 18 –In 2001, an environmental crime was committed for willfully or knowingly exposing workers hazardous chemicals/wastes - Sentence: 17 years in Prison (owner of company was jailed)

10. Other Classification of Laws Criminal Laws - Monetary penalty to an individual occurred in 1990s – when a trader on Wall Street – was fined $2 mil for filling wetlands w/out permits - p 14 –Exxon Valdez (p 19) fines – in 2008 fined $6.1 mil for violating CWA; oil spill and biggest criminal fines of $150 mil (p14) – Table 1-3 more criminal cases of pollution nature ….. leading to prison and fines or both –In 2001, EPA fined GE ~ $500 million for dumping PCBs into the Hudson River (1.3 mil Ibs of PCBs which were banned in U.S. since in 1997) – p19

11. Criminal Cases and the “Beyond Reasonable Doubt” Clause If an environmental case - criminal case in nature is filed: –The state or federal prosecutors (attorneys) must prove beyond reasonable doubt that the defendant violated the law and he or she is GUILT of wrongdoing for the crime you are alleging that he/she committed. (p10-12) –Here the prosecutor represent the community or society which has been deprived of their rights! –Prosecutor must convince a grand jury with evidence p11

12. Other Classification of Laws Civil Laws – laws regulating two parties or individuals vs. corporations or companies – plaintiff vs. defendants If you file an environmental case - civil case in nature: –You must prove that the defendant violated the law by a “preponderance of evidence” (pg 16) i.e. the defendant committed the offense you are alleging that he/she committed. (page 16)

13. Criminal and Civil Laws Environmental violations can lead to both criminal and civil liability –Example: RCRA violations – manager/company can be sued or those who suffered could bring a civil law suit

14. Criminal Laws Vs. Managers Can a corporate manager be fined, sentenced to go to prison for environmental offences ? Yes, A case in point was recorded in 1975 between U.S. v. Park – pg 20 Park – was a CEO of the Acme International. He had failed to comply with sanitary standards as required by U.S FDA

15. Criminal Laws Vs. Managers The court set a precedent that Corporate Officers can be held criminally liable – for willful violations - despite having directed subordinates and employees to evaluate and correct environmental hazards – Ignorance of the law is not an excuse Under the U.S. laws, corporations can sue and be sued (pg 15)!

16. Criminal Laws Vs. Managers Under RCRA, it is a criminal offense to transport hazardous materials to faculties not authorized for that purpose! –Read the case of U.S. v. Hayes International Corporation Note: –Hayes was transporting hazardous waste. It is believed, this was being recycled! Under RCRA, if a waste is being recycled, no permits are required! –A private hauling company however was not going to recycle and never did he have the requisite permits to recycle wastes (pg 21)!!

17. To avoid criminal liability managers should: (a) Train and retrain employees regularly - understand environmental laws applicable to their companies (b) Ensure that duties assigned are done as per environmental laws requirements What Are Managers Doing Now?

18. To avoid criminal liability managers should: (c) Ensure companies comply with all env. Regs. Applicable in the supply chain – downstream and upstream compliance with environmental laws (d) Ensure environmental audits of processes, products, services and other practices to abide by environmental laws (See elements of a successful environmental audit)

19. State Vs Federal Government in Environmental Management U.S. System of Government Federalism – based on two main supreme law makers – States and Federal Governments The federal government has the powers exclusively granted to it by the U.S. Constitution, all other powers are reserved to states –Where does the federal government get the power to pass the U.S. laws re: the environment???

20. State Vs Federal Government in Environmental Management States may impose much more stricter regulations than those of the federal government, but not otherwise –Examples: state laws, regulations and standards

21. State Vs Federal Government in Environmental Management Federal Pre-emption (pg 27): –Invalidation of state laws when they are in conflict with the federal laws According to the Supremacy Clause (Article VI, clause 2) of the U.S. Constitution,.. the Laws of the U.S... shall be the supreme Law of the Land;... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

22. State Vs Federal Government The commerce clause (pg 27) – Article 1 of the U.S. Constitution! What is this? How the commerce clause has been used to create OSHE laws, regulations and standards: –Commerce – trade or exchange of goods and services –Congress derives from this clause its authority to pass environmental laws, regulations and standards! –The impacts of the intrastate and interstate activities on the interests of the federal government and its people! For purposes of exam 1, exam 2 and the final exam: students should remember at least two cases which are decided on the basis of the commerce clause provisions.