1. Chapter 19 Environmental Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

2. 19-2 Origins and Sources of Environmental Law The origins of environmental protections were primarily based on the common law doctrine of nuisance. Modern environmental protection statutes at both the federal and state level have largely supplanted any common law protections.

3. 19-3 Government Enforcement Federal environmental laws are primarily administered, implemented, and enforced by the U.S. Environmental Protection Agency (EPA). The EPA, created in 1970, works in tandem with other administrative agencies in handling a broad range of environmental concerns at the federal level.

4. 19-4 National Environmental Policy Act NEPA establishes a process that must be followed by federal agencies in making decisions that have the potential to have a significant impact on the environment. The NEPA also created the Council on Environmental Quality to oversee the NEPA procedures and to make periodic progress reports to the Congress and the president.

5. 19-5 NEPA Coverage and Procedures The NEPA procedures are triggered when a federal agency takes any action that may reasonably be considered to impact the environment.

6. 19-6 Clean Air Act First enacted in 1963, the Clean Air Act (CAA) is a considerably complex statute aimed at improving outdoor air quality in the United States.

7. 19-7 Stationary Sources of Air Pollution Each state develops its own regulations that help to achieve a reduction in each pollutant to below the maximum level set in the NAAQS. This plan takes the form of a mandated State Implementation Plan (SIP). SIP must be submitted to the EPA. If the SIP is not acceptable, the EPA may either impose sanctions on the state (such as withholding certain federal funding) or may step in to implement its own plan.

8. 19-8 Water Pollution Control The pollution of waterways is one of the biggest challenges facing environmental policymakers. Water travels through jurisdictional boundaries and may be subject to various legal property rights. Water pollution and conservation regulation is necessarily addressed by a combination of federal, state, and local statutes and rules.

9. 19-9 The Clean Water Act Water Quality Regulation Permitting 19-9

10. 19-10 Safe Drinking Water Act (SDWA) Federal statute that sets minimum quality and safety standards for every public water system and every source of drinking water in the United States This includes rivers, lakes, reservoirs, springs, and subsurface water wells.

11. 19-11 Resource Conservation and Recovery Act The RCRA created a “cradle-to-grave” procedure for handling waste from its origins, transportation, treatment, storage, and disposal. Like many other environmental laws, the RCRA established reporting requirements, procedures, and provides for civil penalties and citizen suits.

12. 19-12 Toxic Substances Control Act Statute provides for: 1)EPA to maintain an inventory of every chemical substance that may be legally manufactured, processed, or imported into the United States; 2)EPA authority to require companies to conduct specific screening tests to reveal risks to public welfare; 3)EPA regulation on use, labeling, and control measures of the substance; 4)record-keeping requirements; and 5)reporting any potential adverse impact.

13. 19-13 Wildlife Protection Wildlife and aquatic life are protected by a series of specialized federal statutes, including the Marine Mammal Protection Act and the Migratory Bird Conservation Act.

14. 19-14 Defenses to Liability Secured Creditors Innocent Landowners Prospective Purchasers

15. 19-15 Wildlife Protection Endangered Species Act (ESA) Marine Mammal Protection Act and the Migratory Bird Conservation Act