© 2004 West Legal Studies in Business, a Division of Thomson Learning

24.1

Chapter 24Chapter 24

Environmental LawEnvironmental Law

24.2

Overview of Overview of Environmental LawEnvironmental Law

National Environmental National Environmental Policy Act of 1969 Policy Act of 1969

Clean Water ActClean Water Act

Clean Air ActClean Air Act

Federal Noise Control Act of Federal Noise Control Act of 19721972

Resource Conservation and Resource Conservation and Recovery Act of 1976 (RCRA)Recovery Act of 1976 (RCRA)

24.3

Overview of Overview of Environmental LawEnvironmental Law

Federal Insecticide, Federal Insecticide, Fungicide, and Rodenticide Fungicide, and Rodenticide Act (FIFRA)Act (FIFRA)

Toxic Substances Control Act Toxic Substances Control Act (TOSCA) (TOSCA)

Marine Protection, Research Marine Protection, Research and Sanctuaries Act of 1972 and Sanctuaries Act of 1972 Energy Supply and Energy Supply and Environmental Coordination Environmental Coordination Act of 1974 Act of 1974

24.4

Overview of Overview of Environmental LawEnvironmental Law

Endangered Species Act Endangered Species Act

Safe Drinking Water Act of Safe Drinking Water Act of 1974 1974

Nuclear Waste Policy Act Nuclear Waste Policy Act

Inside Environmental Inside Environmental Response Compensation and Response Compensation and Liability Act (CERCLA) Liability Act (CERCLA)

24.5

National Environmental National Environmental Policy ActPolicy Act

Establishes Council on Establishes Council on Environmental QualityEnvironmental Quality

Requires federal agencies to Requires federal agencies to take environmental concerns take environmental concerns into account when they take into account when they take certain actionscertain actions

Requires federal agencies to Requires federal agencies to prepare detailed prepare detailed environmental impact environmental impact statements statements

24.6Elements of Elements of Environmental Impact Environmental Impact

StatementsStatementsEnvironmental impact of the Environmental impact of the proposed action proposed action

Adverse effects of the proposed Adverse effects of the proposed action action

Alternatives to the proposed action Alternatives to the proposed action

Relation between short-term uses Relation between short-term uses of the environment and of the environment and maintenance and enhancement of maintenance and enhancement of productivity productivity

Any irreversible and irretrievable Any irreversible and irretrievable resource commitments involved resource commitments involved

24.7Elements of Elements of Environmental Impact Environmental Impact

StatementsStatementsFailure to prepare an EISFailure to prepare an EIS

Length of EISLength of EIS

Inadequate EISInadequate EIS

The public and an EISThe public and an EIS

Substantive requirementsSubstantive requirements

Interest of business in an EISInterest of business in an EIS

24.8

Clean Water ActClean Water Act

Best practicable treatment Best practicable treatment control levels and best available control levels and best available treatment control levelstreatment control levels

Effluent guidelines and effluent Effluent guidelines and effluent limitationslimitations

Midcourse correctionsMidcourse corrections

Criticisms Criticisms

EnforcementEnforcement

1987 amendments 1987 amendments

24.9

Clean Air ActClean Air Act

Pre-federal air pollution controlPre-federal air pollution control

Federal air pollution controlFederal air pollution control

Amendments of 1965, 1967, Amendments of 1965, 1967, 19701970

Pollutants coveredPollutants covered

Basic conceptsBasic concepts

EnforcementEnforcement

24.10

Problems Addressed in Problems Addressed in 1977 Amendments 1977 Amendments

Prevention of significant Prevention of significant deterioration of air cleaner than deterioration of air cleaner than ambient standardsambient standards

Divided into three categories: Class Divided into three categories: Class I, Class II, Class IIII, Class II, Class III

Nonattainment areasNonattainment areas

Emission offset policyEmission offset policy

Economic impact statementsEconomic impact statements

Improving compliance and Improving compliance and enforcement (EISs)enforcement (EISs)

24.11

Air PollutionAir PollutionCosts and BenefitsCosts and Benefits

Costs Costs

Billions of dollarsBillions of dollars

Increase of coal production Increase of coal production leading to noncriteria pollution leading to noncriteria pollution with nitrates, trace metals, and with nitrates, trace metals, and organic cardinogensorganic cardinogens

Greenhouse effectGreenhouse effect

BenefitsBenefits

Improved public healthImproved public health

24.12

1990 Amendments1990 Amendments

Stricter vehicle emissionsStricter vehicle emissions

Controls on ozone depletionControls on ozone depletion

Acid rainAcid rain

Limiting toxic air pollutantsLimiting toxic air pollutants

Marketable air pollution Marketable air pollution rightsrights

24.13Solid Waste: Resource Solid Waste: Resource Conservation and Recovery Conservation and Recovery

ActActGoalsGoals

Control management of solid wasteControl management of solid waste

Encourage resource conservation Encourage resource conservation and recoveryand recovery

ImplementationImplementation

Aid in developing local programsAid in developing local programs

Regulate hazardous wastesRegulate hazardous wastes

Resource recovery and conservationResource recovery and conservation

SanctionsSanctions

24.14

Toxic Substances Toxic Substances Control ActControl Act

Control of toxic chemicalsControl of toxic chemicals

Requires the EPA to inventory Requires the EPA to inventory chemicals in interstate chemicals in interstate commercecommerce

Requires chemical makers to Requires chemical makers to notify EPA of new substancesnotify EPA of new substances

EPA keeps records, tests, and EPA keeps records, tests, and reports on toxic chemicals reports on toxic chemicals

Criticisms to TOSCACriticisms to TOSCA

24.15

Nuclear Waste Policy ActNuclear Waste Policy Act

Provides guidelines where Provides guidelines where federal government would federal government would design high-level waste dumpsdesign high-level waste dumps

DOE names potentially DOE names potentially acceptable sites then develops acceptable sites then develops regulations for HLW disposalregulations for HLW disposal

Sites are presidentally Sites are presidentally approvedapproved

Nuclear waste disposal Nuclear waste disposal regulated by several federal regulated by several federal agenciesagencies

24.16

CERCLACERCLA

Created the “Superfund” to assist Created the “Superfund” to assist in cleaning up and containing in cleaning up and containing hazardous waste dumpshazardous waste dumps

Courts hold responsible parties Courts hold responsible parties strictly liablestrictly liable

Courts interpret CERCLA to Courts interpret CERCLA to impose joint and several liabilityimpose joint and several liability

Potentially responsible parties Potentially responsible parties held liable for waste dumped held liable for waste dumped before CERCLA was passedbefore CERCLA was passed

24.17

Endangered Species ActEndangered Species Act

Authorizes U.S. secretary of Authorizes U.S. secretary of the interior to designate the interior to designate endangered speciesendangered species

Two-tier review process to Two-tier review process to oversee designationsoversee designations

Federal projects halt if they Federal projects halt if they endanger species of plants or endanger species of plants or animalsanimals

24.18

Stages in Stages in Environmental LawEnvironmental Law

Window dressingWindow dressing

Hue and cryHue and cry

Hard lookHard look

Practical effectsPractical effects

24.19

Recap – Terms to KnowRecap – Terms to Know

Environmental ethicEnvironmental ethic

Environmental law in generalEnvironmental law in general

Specific federal environmental Specific federal environmental actsacts

Environmental Protection AgencyEnvironmental Protection Agency

Council on Environmental QualityCouncil on Environmental Quality

Environment impact statementsEnvironment impact statements