august 2002environmental law1 brownfields eleases/2002/01/20020111-3.v.smil ...

August 2002 Environmental Law 1

BrownfieldsBrownfields

http://www.whitehouse.gov/newshttp://www.whitehouse.gov/news/releases/2002/01/20020111-3.v./releases/2002/01/20020111-3.v.smilsmil


Mountaintop MiningMountaintop Mining

http://http://www.usatoday.cowww.usatoday.com/news/nation/m/news/nation/2002/05/09/2002/05/09/mining.htmmining.htm

http://http://www.accessatlantwww.accessatlanta.com/ajc/a.com/ajc/opinion/opinion/0502/02equal.htm0502/02equal.htmll


Mine SafetyMine Safety

Rate of Mining Injuries/200,000 employee-hours

02468

1012

1980

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

Year

Ra

te o

f in

ury

/20

0,0

00

ho

urs


Total Injuries and Fatalities in Coal Mining

0

20000

40000

60000

80000

19301940195019601970198019902000

Year

Nu

mb

er o

f In

juri

es

0

500

1000

1500

2000

Nu

mb

er o

f F

atal

itie

s

Injuries Fatalities

Environmental Environmental Assessment—Assessment—

Biodiversity ProtectionBiodiversity Protection

NEPA and ESPNEPA and ESP


National Environmental Policy National Environmental Policy ActAct

NEPA requires that an agency NEPA requires that an agency must —to the must —to the fullestfullest extent extent possible under it other statutory possible under it other statutory obligations—consider obligations—consider alternatives to its action which alternatives to its action which would reduce environmental would reduce environmental damage.damage.


OverviewOverview

The “environmental decade” The “environmental decade” began January 1, 1970 when began January 1, 1970 when President Nixon signed the President Nixon signed the National Environmental Policy National Environmental Policy Act (P.L. 91-190, codified at Act (P.L. 91-190, codified at 42 U.S.C. §§4321-4370a42 U.S.C. §§4321-4370a [Chapter [Chapter 55]) 55])

http://www.access.gpo.gov/http://www.access.gpo.gov/uscode/uscmain.htmluscode/uscmain.html

Subchapter ISubchapter I

Policies and GoalsPolicies and Goals


§4331(a)§4331(a)

. . . it is the continuing policy of the Federal . . . it is the continuing policy of the Federal Government, in cooperation with State and Government, in cooperation with State and local governments, and other concerned local governments, and other concerned public and private organizations, to use all public and private organizations, to use all practicable means and measures, including practicable means and measures, including financial and technical assistance, in a financial and technical assistance, in a manner calculated to foster and promote the manner calculated to foster and promote the general welfare, to create and maintain general welfare, to create and maintain conditions under which man and nature can conditions under which man and nature can exist in productive harmony, and fulfill the exist in productive harmony, and fulfill the social, economic, and other requirements of social, economic, and other requirements of present and future generations of Americans. present and future generations of Americans.


§4331(b)§4331(b)

“ “ . . . [I]t is the continuing . . . [I]t is the continuing responsibility of the Federal responsibility of the Federal Government to use all practicable Government to use all practicable means, consistent with other means, consistent with other essential considerations of national essential considerations of national policy, to improve and coordinate policy, to improve and coordinate Federal plans, functions, programs, Federal plans, functions, programs, and resources to the end that the and resources to the end that the Nation may—Nation may—


§4331(b)§4331(b)

1)1) fulfill the responsibilities of fulfill the responsibilities of each generation as trustee of each generation as trustee of the environment for succeeding the environment for succeeding generations;generations;

2)2) assure for all Americans safe, assure for all Americans safe, healthful, productive, and healthful, productive, and esthetically and culturally esthetically and culturally pleasing surroundings; pleasing surroundings;


§4331(b)§4331(b)

3)3) attain the widest range of attain the widest range of beneficial uses of the beneficial uses of the environment without environment without degradation, risk to health or degradation, risk to health or safety, or other undesirable and safety, or other undesirable and unintended consequences; unintended consequences;


§4331(b)§4331(b)

4)4) preserve important historic, preserve important historic, cultural, and natural aspects of cultural, and natural aspects of our national heritage, and our national heritage, and maintain, wherever possible, an maintain, wherever possible, an environment which supports environment which supports diversity and variety of diversity and variety of individual choice; individual choice;


§4331(b)§4331(b)

5)5) achieve a balance between achieve a balance between population and resource use population and resource use which will permit high which will permit high standards of living and a wide standards of living and a wide sharing of life's amenities; and sharing of life's amenities; and


§4331(b)§4331(b)

5)5) (6) enhance the quality of (6) enhance the quality of renewable resources and renewable resources and approach the maximum approach the maximum attainable recycling of attainable recycling of depletable resources. depletable resources.


§1442§1442

C.C. include in every include in every recommendation or report on recommendation or report on proposals for legislation and proposals for legislation and other major Federal actions other major Federal actions significantly affecting the significantly affecting the quality of the human quality of the human environment, a detailed environment, a detailed statement by the responsible statement by the responsible official on—official on—


§4332(c)§4332(c)

i.i. the environmental impact of the the environmental impact of the proposed action, proposed action,

ii.ii. any adverse environmental any adverse environmental effects which cannot be avoided effects which cannot be avoided should the proposal be should the proposal be implemented,implemented,

iii.iii. alternatives to the proposed alternatives to the proposed action, action,


§4332(c) §4332(c)

iv.iv. the relationship between local the relationship between local short-term uses of man's short-term uses of man's environment and the environment and the maintenance and enhancement maintenance and enhancement of long-term productivity, and of long-term productivity, and

v.v. any irreversible and any irreversible and irretrievable commitments of irretrievable commitments of resources which would be resources which would be involved in the proposed action involved in the proposed action should it be implemented.should it be implemented.


§4332(D)§4332(D)

D.D. Any detailed statement required Any detailed statement required under subparagraph (C) after under subparagraph (C) after January 1, 1970, for any major January 1, 1970, for any major Federal action funded under a Federal action funded under a program of grants to Statesprogram of grants to States shall not be deemed to be shall not be deemed to be legally insufficient solely by legally insufficient solely by reason of having been prepared reason of having been prepared by a Stateby a State agency or official, if: agency or official, if:


§4332(D)§4332(D)

i.i. the the State agency or official has State agency or official has statewide jurisdictionstatewide jurisdiction and has and has the responsibility for such the responsibility for such action, action,

ii.ii. the responsible the responsible Federal official Federal official furnishes guidance and furnishes guidance and participatesparticipates in such in such preparation, preparation,


§4332(D)§4332(D)

iii.iii. the responsible Federal official the responsible Federal official independently evaluates such independently evaluates such statement prior to its approvalstatement prior to its approval and adoption, and and adoption, and


§4332(D)§4332(D)

iv.iv. (iv) after January 1, 1976, the (iv) after January 1, 1976, the responsible Federal official provides responsible Federal official provides early notification to, and solicits the early notification to, and solicits the views of, any other State or any views of, any other State or any Federal land management entity of Federal land management entity of any action or any alternative thereto any action or any alternative thereto which may have significant impacts which may have significant impacts upon such State or affected Federal upon such State or affected Federal land management entity and, land management entity and, if there if there is any disagreement on such impacts, is any disagreement on such impacts, prepares a written assessment of prepares a written assessment of such impacts and views for such impacts and views for incorporation into such detailed incorporation into such detailed statement. statement.


§4332(E)§4332(E)

E.E. study, develop, and describe study, develop, and describe appropriate appropriate alternatives to alternatives to recommended courses of actionrecommended courses of action in any proposal which involves in any proposal which involves unresolved conflicts concerning unresolved conflicts concerning alternative uses of available alternative uses of available resources; resources;


§4332(F)§4332(F)

F.F. recognize the worldwide and long-recognize the worldwide and long-range character of environmental range character of environmental problems and, problems and, where consistent with where consistent with the foreign policythe foreign policy of the United of the United States, lend appropriate support to States, lend appropriate support to initiatives, resolutions, and programs initiatives, resolutions, and programs designed to maximize international designed to maximize international cooperation in anticipating and cooperation in anticipating and preventing a decline in the quality of preventing a decline in the quality of mankind's world environment; mankind's world environment;


§4332(G)§4332(G)

G.G. make available to States, make available to States, counties, municipalities, counties, municipalities, institutions, and individuals, institutions, and individuals, advice and informationadvice and information useful useful in restoring, maintaining, and in restoring, maintaining, and enhancing the quality of the enhancing the quality of the environment; environment;


§4333§4333 All agencies of the Federal Government All agencies of the Federal Government

shall shall review their present statutory review their present statutory authorityauthority, administrative regulations, and , administrative regulations, and current policies and procedures for the current policies and procedures for the purpose of determining whether there are purpose of determining whether there are any deficiencies or inconsistencies therein any deficiencies or inconsistencies therein which prohibit full compliance with the which prohibit full compliance with the purposes and provisions of this chapterpurposes and provisions of this chapter and and shall propose to the President not later shall propose to the President not later than July 1, 1971, such measures as may be than July 1, 1971, such measures as may be necessary to bring their authority and necessary to bring their authority and policies into conformity with the intent, policies into conformity with the intent, purposes, and procedures set forth in this purposes, and procedures set forth in this chapter. chapter.

Subchapter IISubchapter II

COUNCIL ON COUNCIL ON ENVIRONMENTAL QUALITY ENVIRONMENTAL QUALITY


CEQCEQ

http://www.whitehouse.gov/ceq/http://www.whitehouse.gov/ceq/ Global Climate Change Action Global Climate Change Action

http://www.whitehouse.gov/http://www.whitehouse.gov/news/releases/2001/06/news/releases/2001/06/climatechange.pdfclimatechange.pdf

Global Climate Change Policy BooGlobal Climate Change Policy Bookk

http://www.whitehouse.gov/news/http://www.whitehouse.gov/news/releases/2002/02/releases/2002/02/climatechange.htmlclimatechange.html


EIS for LegislationEIS for Legislation

Almost as common as an extant Almost as common as an extant Passenger PigeonPassenger Pigeon

Now in treaties due to Executive Now in treaties due to Executive OrderOrder

Difficult for Administration to Difficult for Administration to force Congress to comply with its force Congress to comply with its own lawown law

Administration-proposed Administration-proposed legislation may have an EISlegislation may have an EIS


TreatiesTreaties

As a result of a citizen challenge As a result of a citizen challenge to the lack of an EIS before the to the lack of an EIS before the North American Free Trade North American Free Trade Agreement, an Executive Order Agreement, an Executive Order was issued relative to treaties in was issued relative to treaties in 1999. 1999.

No citizen suit provision, so No citizen suit provision, so based on APA 5U.S.C.§702based on APA 5U.S.C.§702

http://ceq.eh.doe.gov/nepa/regs/http://ceq.eh.doe.gov/nepa/regs/eos/eo13141.htmleos/eo13141.html


How to Prepare an EISHow to Prepare an EISTable of ContentsTable of Contents Executive SummaryExecutive Summary Chap. 1 - Introduction to CumulatChap. 1 - Introduction to Cumulative Effects Analysisive Effects Analysis

Chap. 2 - Scoping for Cumulative Chap. 2 - Scoping for Cumulative EffectsEffects

Chap. 3 - Describing the Affected Chap. 3 - Describing the Affected EnvironmentEnvironment

Chap. 4 - Determining the EnviroChap. 4 - Determining the Environmental Consequences of Cumulnmental Consequences of Cumulative Effectsative Effects

Chap. 5 - Methods, Techniques, aChap. 5 - Methods, Techniques, and Tools for Analyzing Cumulativnd Tools for Analyzing Cumulative Effectse Effects

ReferencesReferences Appendix AAppendix A Appendix BAppendix B


Environmental Data TablesEnvironmental Data Tables

PopulationPopulation Economy and EnvEconomy and Env

ironmentironment

Public Lands andPublic Lands and Recreation Recreation

Ecosystems and Ecosystems and BiodiversityBiodiversity

Air QualityAir Quality Aquatic ResourceAquatic Resource

ss

Terrestrial ResouTerrestrial Resourcesrces

Pollution PreventPollution Preventionion

EnergyEnergy TransportationTransportation Global EnvironmGlobal Environm

entent


Self-Measure of CEQSelf-Measure of CEQ Strategic PlanningStrategic Planning Public Information Public Information

and inputand input Interagency Interagency

CoordinationCoordination Interdisciplinary Interdisciplinary

place-based approach place-based approach to decision-makingto decision-making

Science-based and Science-based and flexible management flexible management approaches.approaches.

Endangered Species Endangered Species ActAct

Convention on International Convention on International Trade in Endangered Species Trade in Endangered Species

of Wild Fauna and Floraof Wild Fauna and Flora

7 U.S.C. 136;7 U.S.C. 136;16 U.S.C. 460 et seq. 16 U.S.C. 460 et seq. (1973) —Chapter 35(1973) —Chapter 35


Current StatusCurrent Status

632 endangered species (326 are 632 endangered species (326 are plants) and plants) and

190 threatened species (78 are 190 threatened species (78 are plants)plants)

List is maintained by Fish and List is maintained by Fish and Wildlife at the Department of Wildlife at the Department of InteriorInterior


EPA Role in ESAEPA Role in ESA

EPA's decision to register a pesticide EPA's decision to register a pesticide is based in part on the risk of adverse is based in part on the risk of adverse effects on endangered species as well effects on endangered species as well as environmental fate (how a as environmental fate (how a pesticide will affect habitat).pesticide will affect habitat).

Under FIFRA, EPA can issue Under FIFRA, EPA can issue emergency suspensions of certain emergency suspensions of certain pesticides to cancel or restrict their pesticides to cancel or restrict their use if an endangered species will be use if an endangered species will be adversely affected. adversely affected.


Sections of ESASections of ESA Sec. 1531.Sec. 1531. Congressional Congressional

findings and declaration of findings and declaration of purposes and policy purposes and policy

Sec. 1532.Sec. 1532. Definitions Definitions Sec. 1533.Sec. 1533. Determination Determination

of endangered species and of endangered species and threatened species threatened species

Sec. 1534.Sec. 1534. Land acquisition Land acquisition Sec. 1535.Sec. 1535. Cooperation Cooperation

with States with States Sec. 1536.Sec. 1536. Interagency Interagency

cooperation cooperation Sec. 1537.Sec. 1537. International International

cooperation cooperation

Sec. 1537a. Convention Sec. 1537a. Convention implementation implementation

Sec. 1538.Sec. 1538. Prohibited acts Prohibited acts Sec. 1539.Sec. 1539. Exceptions Exceptions Sec. 1540.Sec. 1540. Penalties and Penalties and

enforcement enforcement Sec. 1541. Endangered Sec. 1541. Endangered

plants plants Sec. 1542. Authorization of Sec. 1542. Authorization of

appropriations appropriations Sec. 1543. Construction Sec. 1543. Construction

with Marine Mammal with Marine Mammal Protection Act of 1972 Protection Act of 1972

Sec. 1544. Annual cost Sec. 1544. Annual cost analysis by Fish and analysis by Fish and Wildlife ServiceWildlife Service

Comprehensive Comprehensive International Treaty on International Treaty on Endangered SpeciesEndangered Species

CITES Home PageCITES Home Page

The Convention The Convention


New Orchid SpeciesNew Orchid Species

New York Times New York Times ArticleArticle

http://http://www.nytimes.cowww.nytimes.com/2002/08/13/m/2002/08/13/science/life/science/life/13ORCH.html?13ORCH.html?pagewanted=pripagewanted=print&position=topnt&position=top

august 2002environmental law1 brownfields eleases/2002/01/20020111-3.v.smil ...

Documents

environmental law4 slide

environmental decade

environmental damage

environmental law12

environmental law3

environmental law11

environmental law7

environmental law9