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?
Chapter 46 Environmental Law Copyright © 2015 McGrawHill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGrawHill Education Alternative 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 462 Alternative Means of Protecting The Environment (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 463 The 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 464 National Environmental Policy Act Requires preparation of an “Environmental Impact Statement” (EIS) 465 Content of Environmental Impact Statement (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) 466 Regulating Air Quality 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): Standard that must be met by industry pollution control equipment 467 Regulating Water Quality Federal Water Pollution Control Act (Clean Air Act): Mandates “fishable and swimmable” waters; requires total elimination of pollutant discharges into navigable waters PointSource Effluent Limitations: Maximum allowable amounts of pollutants that can be discharged from a source within a given time period Wetlands Protection: Requires landowner seeking to add dredged or filled material to wetland to get permit from Army Corps of Engineers Safe Drinking Water Act: Sets standards for drinking water supplied by public water supplier; “Right to know” provisions mean utilities must provide annual reports detailing water contaminants and harm they may cause 468 Regulating Hazardous Waste Resource Conservation and Recovery Act (RCRA) Manifest Program: Provides “cradletograve” regulation of hazardous waste by requiring that every generator of hazardous waste maintain records on the waste RCRA Amendments of 1984 and 1986: Made landfills a “last resort” for disposal of many types of waste Enforcement of RCRA: EPA; states can establish their own programs, but EPA retains ultimate authority to investigate and fine violators 469 Regulating Hazardous Waste (Continued) Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as Amended by the Superfund Amendment and Reauthorization Act of 1986 Money in Superfund used for toxic waste cleanup EPA may sue to recover costs To date, Superfund has not been able to recoup its cleanup costs 4610 Potentially Responsible Parties (“PRPs”) under 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 4611 Regulating 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 4612 Regulating Toxic Substances (Continued) Federal Insecticide, Fungicide, and Rodenticide Act Registration of pesticides required for use and selling Restricted Use: Pesticide must be used in a specific manner in order not to pose unreasonable risk Food Quality Protection Act of 1996 EPA required to establish single, healthbased standard for pesticide residues on foods sold in United States 4613 ... substances 464 National Environmental Policy Act Requires preparation of an Environmental Impact Statement” (EIS) 465 Content of Environmental Impact Statement (EIS) Environmental impact of proposed action... “Green” Taxes: Government imposes taxes on environmentally harmful activities Direct Regulation: Government regulates pollution; primary approach used today 463 The Environmental Protection Agency (EPA)...Alternative Means of Protecting The Environment Tort Law Nuisance: Unreasonable interference with another’s enjoyment and use of his/her real property (land)