After reading this chapter, you will be able to answer the following questions: What are the alternative ways to protect the environment? What are the responsibilities of the Environmental Protection Agency? How does the United States regulate air quality? How does the United States regulate water quality? How does the United States regulate waste? How does the United States regulate toxic substances?
Trang 1Environmental Law
Trang 2Alternative Means of Protecting The
Environment
Tort Law
Nuisance: Unreasonable interference with another’s
enjoyment and use of his/her real property (land)
Negligence: Duty, breach of duty, causation, and damage
Trespass: Occurs when someone enters another’s property without permission
Trang 3Environment (Continued)
Government Subsidies Approach: Government pays polluters
to reduce their emissions
Marketable Discharge Permits: Government issues set
number of permits for pollutant discharges; companies are free
to sell these permits among themselves
“Green” Taxes: Government imposes taxes on
environmentally harmful activities
Direct Regulation: Government regulates pollution; primary
approach used today
Trang 4The Environmental Protection Agency (EPA)
Created in 1970
Largest federal agency
Mandate to address following types of pollution: Air, water, solid waste, pesticides, radiation, and toxic
substances
Trang 5Policy Act
Requires preparation of an
“Environmental Impact Statement”
(EIS)
Trang 6(EIS)
Environmental impact of proposed action
Adverse environmental effects of action
Alternatives to proposed action
Relationship between local shortterm uses of human
environment and maintenance and enhancement of longterm productivity
Any irreversible and irretrievable commitments of resources in proposed activity (should it be implemented)
Trang 7 Clean Air Act and National Ambient Air Quality Standards:
Principal statutory means of regulating air quality
Primary Standards: Levels necessary to protect public health
Secondary Standards: Levels necessary to protect public
welfare
Toxic Air Pollutants: 189 pollutants that cause serious
consequences, even in small amounts
Maximum Achievable Control Technology (MACT):
Trang 8Regulating Water Quality
and swimmable” waters; requires total elimination of pollutant discharges
into navigable waters
pollutants that can be discharged from a source within a given time period
material to wetland to get permit from Army Corps of Engineers
public water supplier; “Right to know” provisions mean utilities must
provide annual reports detailing water contaminants and harm they may
cause
Trang 9Resource Conservation and Recovery Act (RCRA)
waste by requiring that every generator of hazardous waste maintain
records on the waste
for disposal of many types of waste
but EPA retains ultimate authority to investigate and fine violators
Trang 10Regulating Hazardous Waste (Continued)
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCLA), as Amended by the Superfund Amendment and
Reauthorization Act of 1986
Trang 11under CERCLA
Present owners/operators of facility where hazardous
materials stored
Facility owners/operators at time waste deposited
Generators of hazardous waste dumped at site
Those who transported hazardous waste to site
Trang 12Regulating Toxic Substances
Toxic Substances Control Act (TSCA)
“Toxic Substance”—Any chemical/mixture whose
manufacture, processing, distribution, use/disposal may
present an unreasonable risk of harm to human health or
the environment
PreManufacturing Notice: Notification given to the EPA
at least 90 days before first use of a chemical; contains
information on risk posed by chemical
Trang 13not to pose unreasonable risk
residues on foods sold in United States