1. Business Law and the Regulation of Business Chapter 46: Environmental Law By Richard A. Mann & Barry S. Roberts

2. Topics Covered in this Chapter I. Common Law Actions for Environmental Damage A. Nuisance B. Trespass to Land C. Strict Liability for Abnormally Dangerous Activities D. Problems Common to Private Causes of Action II. Federal Regulation of the Environment A. National Environmental Policy Act B. The Clean Air Act C. The Clean Water Act D. Hazardous Substances E. International Protection of the Ozone Layer

3. Nuisance n Private Nuisance - substantial and unreasonable interference with the use and enjoyment of a person's land. n Public Nuisance - interference with the health, safety, or comfort of the public.

4. Other Common Law Actions n Trespass - an invasion of land that interferes with the right of exclusive possession of the property. n Strict Liability for Abnormally Dangerous Activities - liability without fault for an individual who engages in an unduly dangerous activity in an inappropriate location.

5. National Environmental Policy Act n Purpose of NEPA - establish environmental protection as a goal of Federal policy. n Council on Environmental Quality - three- member advisory group in the Executive Office of the President that makes recommendations to the president on environmental matters. n Environmental Impact Statement - a detailed statement concerning environmental impact of a proposed Federal action.

6. Environmental Impact Statement n Scope - NEPA applies to a broad range of activities, including direct action by a Federal agency as well as any action by a Federal agency that permits action by other parties that will affect the quality of the environment. n Content - the EIS must contain, among other items, a detailed statement of the environmental impact of the proposed action, any adverse environmental effects that cannot be avoided, and alternative proposals.

7. Clean Air Act n Existing Sources –National Ambient Air Quality Standards (NAAQSs) - the EPA administrator must establish NAAQSs for air pollutants that endanger the public health and welfare. –State Implementation Plan - each State must submit a plan for each NAAQS detailing how the State will implement and maintain the standard.

8. Clean Air Act n New Sources –New Stationary Sources - owner/operator must employ the best technological system of continuous emission reduction that has been adequately demonstrated. –New Vehicles - extensive emission standards are established.

9. Clean Air Act n Hazardous Air Pollutants - to protect the public health, the EPA administrator must establish for hazardous air pollutants standards that provide ample safety margins. n Acid Rain - standards are established to protect against acid rain (precipitation that contains high levels of sulfuric or nitric acid).

10. Clean Water Act n Purpose - protect against water pollution. n Point Sources - Act establishes the National Pollutant Discharge Elimination System (NPDES), a permit system, to control the amounts of pollutants that may be discharged by point sources into U.S. waters. n Nonpoint Sources - Act requires the States to use best management practices to control water runoff from agricultural and urban areas.

11. Hazardous Substances n FIFRA - the Federal Insecticide, Fungicide and Rodenticide Act regulates the sale and distribution of pesticides. n TSCA - the Toxic Substances Control Act provides a comprehensive scheme for regulation of toxic substances. n RCRA - the Resource Conservation and Recovery Act provides a comprehensive scheme for treatment of solid waste, particularly hazardous waste.

12. Superfund n The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) establishes (1)­a national contingency plan for responding to releases of hazardous substances and (2)­a trust fund to pay for removal and cleanup of hazardous waste.

13. International Protection of the Ozone Layer n Montreal Protocol - treaty by which countries agreed to cut production of chlorofluorocarbons (CFCs) by 50 percent. n Kyoto Protocol - reduction of greenhouse gases.

14. Major Federal Environmental Statutes *Doubled for repeat convictions.

15. Major Federal Environmental Statutes (cont.)