2.  Nuisance.  Person liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2

3.  Negligence and Strict Liability.  Business or person’s failure to use reasonable care toward a party whose injury was foreseeable and caused by the lack of reasonable care. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3

4.  All levels of government regulate some aspect of the environment.  State and Local Regulations.  Local Zoning Laws.  Local Growth and Development Plans. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4

5.  Federal Regulation.  Environmental Regulatory Agencies: primary federal agency is the EPA. All federal agencies must take the environmental impact into account when making significant decisions.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5

6.  Federal Regulation.  Environmental Impact Statements. An EIS must analyze:  The impact of the proposed action on the environment.  Any adverse effects of the action and alternatives to the action.  Any irreversible effects the action might generate. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6

7.  Mobile Sources.  2009 Obama administration long- term goals of reducing emissions.  Stationary Sources.  Listing of Hazardous Air Pollutants.  CASE 25.1 State of New Jersey v. EPA (2008). Why was the EPA ordered to delist mercury? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7

8.  Stationary Sources.  Air Pollution Control Standards.  Violations of the Clean Air Act.  Civil penalties up to $25,000/day.  Intentional violations may involve criminal penalties. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8

9.  Clean Water Act goals are: safe swimming, protection of fish and wildlife, elimination of the discharge of pollutants into waterways.  Focus on Point-Source Emissions: municipal, industrial, and agricultural sources must have a permit.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9

10.  Clean Water Act (cont’d).  Standards for Equipment: ‘best available control technology’ (BACT). EPA must weigh cost of BACT with benefits.  CASE 25.2 Entergy Corp. v. Riverkeeper, Inc. (2009). Why was the cost-benefit analysis permitted by the EPA? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10

11.  Clean Water Act (cont’d).  Wetlands. CWA prohibits filling or dredging of wetlands unless a permit is issued.  CASE 25.3 United States v. Lucas (2008). Did the court abuse its discretion in this case?  Violations of the Clean Water Act. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11

12.  Drinking Water: EPA sets maximum level for pollutants.  Ocean Dumping.  Oil Pollution.  See the 2010 British Petroleum Gulf Oil Spill. http://en.wikipedia.org/wiki/Deepwater_Horizon_oil_ spill © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12

13.  Pesticides and Herbicides.  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) : regulates the use of pest control chemicals in the process of food growth to food packaging, to minimize their presence in foods consumed. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13

14.  Toxic Substances Control Act:  Requires anyone planning to use chemicals first determine their effect on human health and environment.  EPA can require special labeling, limit use of substance, set production quotas, or prohibit the use of a substance altogether. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14

15.  Resource Conservation and Recovery Act.  Authorizes the EPA to issue regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15

16.  SUPERFUND - CERCLA.  Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup operations.  Potentially Responsible Parties:  (1) the person who generated the wastes disposed of at the site,  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16

17.  SUPERFUND - CERCLA.  Potentially Responsible Parties:  (2) the person who transported the wastes to the site,  (3) the person who owned or operated the site at the time of the disposal, or  (4) the current owner or operator.  Joint and Several Liability. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17

18.  SUPERFUND - CERCLA.  Minimizing Liability.  Defenses: innocent landowner defense which requires no knowledge of contamination at the time of sale, and that she took all appropriate investigation. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18