1. Essentials of the legal environment today, 5e
roger leroy miller
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2. Environmental law Chapter 18
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3. Learning Objectives
Under what common law theories can polluters be held liable?
What is contained in an environmental impact statement, and who must file one?
What federal statutes regulate air pollution?
What are three main goals of the Clean Water Act?
What is Superfund? What categories of persons are liable under Superfund?
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4. Common Law Actions Common law theories of nuisance or negligence
A person is liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.
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5. Common Law Actions 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
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6. Government regulation
All levels of government regulate some aspect of the environment.
State and Local Regulations
State laws
Local zoning laws
State and local regulatory agencies
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7. Government Regulation
Federal Regulation
Environmental regulatory agencies
Environmental Protection Agency (EPA)
Department of the Interior
Department of Defense
Department of Labor
Food and Drug Administration
Nuclear Regulatory Commission
Environmental impact statements (EIS)
National Environmental Policy Act requires an EIS, or formal analysis, be prepared by federal agencies.
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8. Exhibit 18.1
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9. Air Pollution
Clean Air Act is federal law providing basis for issuing regulations to control multistate air pollution
Mobile Sources
Air pollution from cars and other mobile sources
Reducing emissions over the long term
Greenhouse gases
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10. Air Pollution Stationary Sources
Clean Air Act authorizes EPA to establish air-quality standards for stationary sources.
Hazardous air pollutants
Maximum achievable control technology
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11. Air Pollution Violations of the Clean Water Act
Civil penalties up to $25,000/day
Intentional violations may involve criminal penalties.
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12. Water Pollution 1899 Rivers and Harbors Appropriations Act
1948 Federal Water Pollution Control Act (FWPCA)
The Clean Water Act (CWA)
Make waters safe for swimming
Protect fish and wildlife
Eliminate the discharge of pollutants into the water
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13. Water Pollution Wetlands Violations of the Clean Water Act
Permit system for point source emissions
National Pollutant Discharge Elimination System (NPDES)
Standards for equipment
Best available control technology (BACT)
Wetlands
CWA prohibits filling or dredging of wetlands
Violations of the Clean Water Act
Subject to civil and criminal penalties
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14. Water pollution Drinking Water Oil Pollution Safe Drinking Water Act
Sets maximum levels for pollutants in public water systems
Oil Pollution
Oil Pollution Act
Passed after 1989 Exxon Valdez oil spill
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15. Toxic Chemicals Pesticides and Herbicides Toxic Substances
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Must be
Registered before they can be sold
Certified and used only for approved applications
Used in limited quantities when applied to food crops
Toxic Substances
Toxic Substances Control Act
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16. Hazardous wastes Resource Conservation and Recovery Act (RCRA)
Passed in reaction to concern over the effects of hazardous waste materials on the environment
Requires EPA to determine forms of solid waste to be considered hazardous and establish regulations to monitor and control disposal
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17. Hazardous wastes Superfund
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
To regulate the clean-up of leaking hazardous waste-disposal sites
Potentially responsible parties
Person who generated the wastes at the site
Person who transported wastes to the site
Person who owned or operated the site at time of disposal
Current owner or operator
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