ENVIRONMENTAL LAWENVIRONMENTAL LAW

Wednesdays 4:6Wednesdays 4:6

Adel HeribaAdel Heriba

aheriba@olc.eduaheriba@olc.edu

INTRODUCTIONINTRODUCTION Prior to the existence of Prior to the existence of

environmental laws, the environment environmental laws, the environment was severely degraded.was severely degraded.

The need for regulation was seen The need for regulation was seen necessary after the tort law failed to necessary after the tort law failed to protect the environment.protect the environment.

Tragedy of the commons: Freedom in Tragedy of the commons: Freedom in the commons brings ruin to all.the commons brings ruin to all.

Free Rider: A profiting polluter and Free Rider: A profiting polluter and everyone else pays to clean the everyone else pays to clean the environment.environment.

ENVIROMENTAL ETHICSENVIROMENTAL ETHICS Humans are the dominant species in Humans are the dominant species in

the ecosystem, with knowledge and the ecosystem, with knowledge and power.power.

It is our ethical obligation to consider It is our ethical obligation to consider the long-term impact of our behavior.the long-term impact of our behavior.

ALTERNATIVE WAYS TO CONTROL ALTERNATIVE WAYS TO CONTROL POLLUTIONPOLLUTION

Tort LawTort Law: Ineffective way to stop : Ineffective way to stop pollution, why?pollution, why?

Subsidies, Emissions charges, and Subsidies, Emissions charges, and marketable emissions permitsmarketable emissions permits: Hard to : Hard to implement.implement.

Green TaxesGreen Taxes: Effective, a tax on : Effective, a tax on polluting behavior, adopted by the polluting behavior, adopted by the European Union.European Union.

Direct RegulationDirect Regulation: Effective, adopted : Effective, adopted by the US after 1970.by the US after 1970.

EVOLUTION OF THE EVOLUTION OF THE ENVIRONMENTAL POLICYENVIRONMENTAL POLICY

Reflected the state of scientific Reflected the state of scientific knowledge and the development of knowledge and the development of sophisticated detection instruments. sophisticated detection instruments. These instruments are able to detect These instruments are able to detect the presence of a pollutant in parts the presence of a pollutant in parts per billion.per billion.

Cataclysmic events like the 1969 oil Cataclysmic events like the 1969 oil spill in Santa Barbra, CA.spill in Santa Barbra, CA.

Public pressure.Public pressure.

THE SEVENTIESTHE SEVENTIESTHE ENVIRONMENTAL DECADETHE ENVIRONMENTAL DECADE

Three books inspired the Three books inspired the environmental awarenessenvironmental awareness::

1. Silent Spring; by Rachel Carson.1. Silent Spring; by Rachel Carson. 2. The Population Bomb; by Paul 2. The Population Bomb; by Paul

Ehrlich.Ehrlich. The Closing Circle; by Barry The Closing Circle; by Barry

Commoners.Commoners.

1970’s1970’s

The creation of the Environmental The creation of the Environmental Protection Agency, EPAProtection Agency, EPA

The passage of the National The passage of the National Environmental Policy Act, NEPA.Environmental Policy Act, NEPA.

The passage of 27 laws designed to The passage of 27 laws designed to protect the environment.protect the environment.

1980’s1980’s Getting government off the back of Getting government off the back of

business, Reagan’s deregulation.business, Reagan’s deregulation. Cutting EPA personnel by 20%, and EPA Cutting EPA personnel by 20%, and EPA

budget by more than 33%budget by more than 33% Much of the administrative burden Much of the administrative burden

associated with environmental policy was associated with environmental policy was shifted to the states.shifted to the states.

Decimated CEQ by drastic cuts in its Decimated CEQ by drastic cuts in its budget.budget.

At the end of the decade, congress faced At the end of the decade, congress faced public pressure to oppose Reagan’s public pressure to oppose Reagan’s environmental policies.environmental policies.

Voluntary Programs: ISO 14000.Voluntary Programs: ISO 14000.

1990’s1990’s Passage of the CLEAN AIR ACT in Passage of the CLEAN AIR ACT in

1990.1990. Federal courts were dominated by Federal courts were dominated by

Reagan’s conservative appointees.Reagan’s conservative appointees. Greater use market forces, make the Greater use market forces, make the

polluter pay.polluter pay. 1994 House of Representatives were 1994 House of Representatives were

committed to weaken environmental committed to weaken environmental regulations.regulations.

Clinton maintained that he would Clinton maintained that he would veto any bill that would undermine veto any bill that would undermine existing environmental protection.existing environmental protection.

1990’s continued1990’s continued Very few proposals became law by Very few proposals became law by

the end of 1995.the end of 1995. A Republican pollster disclosed that A Republican pollster disclosed that

only 35% of the public would vote to only 35% of the public would vote to reelect congressmen who voted to reelect congressmen who voted to cut EPA funding.cut EPA funding.

President Clinton enacted a series of President Clinton enacted a series of environmental regulations through environmental regulations through executive order.executive order.

20012001 Bush’s first acts as president was to Bush’s first acts as president was to

order agencies to suspend order agencies to suspend implementation of Clinton’s implementation of Clinton’s environmental executive orders.environmental executive orders.

Bush’s and his appointees Gale Bush’s and his appointees Gale Norton, Christine Whitman, Spencer Norton, Christine Whitman, Spencer Abraham, and others are committed Abraham, and others are committed to weaken environmental regulations.to weaken environmental regulations.

More than 80% of the public oppose More than 80% of the public oppose drilling for oil in the Arctic National drilling for oil in the Arctic National Wildlife Refuge.Wildlife Refuge.

NATIONAL ENVIRONMENTAL NATIONAL ENVIRONMENTAL POLICY ACT of 1970POLICY ACT of 1970

Establishes the Council on Environmental Establishes the Council on Environmental Quality, CEQ; the federal watchdog.Quality, CEQ; the federal watchdog.

Requires federal agencies to take Requires federal agencies to take environmental consequences into environmental consequences into account when making certain decisions.account when making certain decisions.

Requires an Environmental Impact Requires an Environmental Impact Statement, EIS, for every major Statement, EIS, for every major legislative proposal or action having a legislative proposal or action having a significant impact on the environment.significant impact on the environment.

CEQCEQ Made up of 3 persons, one is the Made up of 3 persons, one is the

chair, and staff to serve them.chair, and staff to serve them. Advise the president about Advise the president about

environmental matters.environmental matters. Gathers data, and publishes the Gathers data, and publishes the

President’s Annual Report on President’s Annual Report on Environmental QualityEnvironmental Quality, a public , a public report.report.

POLLUTION PREVENTION ACT of POLLUTION PREVENTION ACT of 19901990

Remedies earlier end-of-pipe Remedies earlier end-of-pipe regulations, finds ways to prevent the regulations, finds ways to prevent the creation of pollution at the source.creation of pollution at the source.

1993; Clinton issued executive order to 1993; Clinton issued executive order to improve pollution prevention in the improve pollution prevention in the federal government.federal government.

The PPA was very effective, and saved The PPA was very effective, and saved producers money by source reduction producers money by source reduction and better engineering designs.and better engineering designs.

AIR QUALITY CONTROLAIR QUALITY CONTROL The 1970 Clean Air Act targeted Auto and The 1970 Clean Air Act targeted Auto and

Smokestacks Emissions, it significantly Smokestacks Emissions, it significantly improved air quality.improved air quality.

The major air pollutants are:The major air pollutants are: 1. Sulfur Dioxide SO2; sources are volcanic 1. Sulfur Dioxide SO2; sources are volcanic

emissions, and the burning of high-sulfur emissions, and the burning of high-sulfur containing coal. It is highly corrosive and containing coal. It is highly corrosive and can damage the respiratory tractcan damage the respiratory tract

2. Nitrogen Oxides; sources are lightning, 2. Nitrogen Oxides; sources are lightning, decomposing organics, and auto and decomposing organics, and auto and industrial emissions. It can damage the industrial emissions. It can damage the respiratory tract and deplete the ozone respiratory tract and deplete the ozone layerlayer

Continue; Continue; Major air pollutantsMajor air pollutants 3. Carbon Monoxide; sources are 3. Carbon Monoxide; sources are

natural and also from incomplete natural and also from incomplete burning of fossil fuels, mainly auto burning of fossil fuels, mainly auto emissions, it contributes to the global emissions, it contributes to the global warming and to the formation of warming and to the formation of ozone at low altitudesozone at low altitudes

4. Ozone; Is the primary ingredient of 4. Ozone; Is the primary ingredient of smog, causes eye irritation, nasal smog, causes eye irritation, nasal congestion, asthma, damage to lung congestion, asthma, damage to lung and immune system. (The Ozone layer and immune system. (The Ozone layer is ozone at high altitude and protects is ozone at high altitude and protects life by blocking ultraviolet radiation)life by blocking ultraviolet radiation)

Continue; Continue; Major air pollutantsMajor air pollutants 5. Particulates; Natural sources 5. Particulates; Natural sources

include soil erosion, pollen, include soil erosion, pollen, volcanoes. Human made sources volcanoes. Human made sources include diesel engines emissions, include diesel engines emissions, cement manufacturing, road cement manufacturing, road construction, wood-burning stoves, construction, wood-burning stoves, etc. Particulates finer than 10 etc. Particulates finer than 10 micrometers may not be filtered from micrometers may not be filtered from the lungs, some particulates are the lungs, some particulates are carcinogenic, some are irritantscarcinogenic, some are irritants

Major air pollutantsMajor air pollutants

6. Lead; Major source was leaded 6. Lead; Major source was leaded gasoline which was phased out in gasoline which was phased out in early 1970’s, metal processing is early 1970’s, metal processing is now the major source. Lead harms now the major source. Lead harms the neurological system and kidneys, the neurological system and kidneys, may also cause seizures and mental may also cause seizures and mental retardationretardation

Major air pollutantsMajor air pollutants

7. Airborne toxins; 188 airborne 7. Airborne toxins; 188 airborne toxins are currently, or will be, toxins are currently, or will be, regulated after the passage of 1990 regulated after the passage of 1990 Clean Air Act amendments. Sources Clean Air Act amendments. Sources include chemical plants, plastics include chemical plants, plastics manufacturing and burning, oil manufacturing and burning, oil refineries, etc. They can be toxic or refineries, etc. They can be toxic or carcinogeniccarcinogenic

GLOBAL AIR-QUALITY GLOBAL AIR-QUALITY PROBLEMSPROBLEMS

Acid rainAcid rain; primary cause is SO2 and ; primary cause is SO2 and NOx emissions. SO2 and NOx gases NOx emissions. SO2 and NOx gases can be carried in the atmosphere. can be carried in the atmosphere.

Lakes on alkaline foundations like Lakes on alkaline foundations like limestone will buffer the harm of acid limestone will buffer the harm of acid rain, lakes on granite foundations will rain, lakes on granite foundations will not buffer the acidity, and aquatic not buffer the acidity, and aquatic life may dielife may die

GLOBAL AIR-QUALITY GLOBAL AIR-QUALITY PROBLEMSPROBLEMS

Depletion of the Ozone LayerDepletion of the Ozone Layer; the ; the primary cause is the use of primary cause is the use of chlorofluorocarbons, in refrigeration chlorofluorocarbons, in refrigeration and air conditioning. The Ozone and air conditioning. The Ozone layer blocks most of the UV rays, layer blocks most of the UV rays, which are harmful to all living which are harmful to all living organisms including humansorganisms including humans

GLOBAL AIR-QUALITY GLOBAL AIR-QUALITY PROBLEMSPROBLEMS

Global Warming; The majority of Global Warming; The majority of scientists think it would be scientists think it would be devastating if the trend continues. devastating if the trend continues. Effects can be a rise in sea levels, Effects can be a rise in sea levels, increasing frequency of severe increasing frequency of severe hurricanes, floods, and droughts, and hurricanes, floods, and droughts, and the extinction of plant and animal the extinction of plant and animal species. We already witnessed some species. We already witnessed some effectseffects

SOLUTIONS TO HUMAN SOLUTIONS TO HUMAN INDUCED CLIMATE CHANGEINDUCED CLIMATE CHANGE

The 1997 Kyoto Protocol: An attempt The 1997 Kyoto Protocol: An attempt by the global community to reduce by the global community to reduce greenhouse emissions by 2012 to greenhouse emissions by 2012 to 5.2% below 1990 level5.2% below 1990 level

The protocol can not be enforced The protocol can not be enforced without the ratification of developed without the ratification of developed countriescountries

In 2001, president Bush pulled out of In 2001, president Bush pulled out of the Kyoto Protocolthe Kyoto Protocol

INDOOR POLLUTIONINDOOR POLLUTION

Poorly ventilated buildings can trap Poorly ventilated buildings can trap pollutants and affect human healthpollutants and affect human health

Source may come from outside air Source may come from outside air pollution, or from inside from building pollution, or from inside from building materials, insecticides, solvents, materials, insecticides, solvents, Radon, etc.Radon, etc.

HISTORICAL APPROACHHISTORICAL APPROACH

Earlier attempts to improve air quality Earlier attempts to improve air quality started in the 1880’sstarted in the 1880’s

Clean Air Act of 1963 did not mandate Clean Air Act of 1963 did not mandate standards or define air pollutionstandards or define air pollution

1967 Air Quality Act; created 10 1967 Air Quality Act; created 10 regions within which pollution could be regions within which pollution could be regulated, was ineffectiveregulated, was ineffective

The 1970 Clean Air Act was a successThe 1970 Clean Air Act was a success

1990 CLEAN AIR ACT1990 CLEAN AIR ACT

Brought more resources under Brought more resources under regulationregulation

More stringent controls on acid rain More stringent controls on acid rain and air toxinsand air toxins

Provided compliance deadlinesProvided compliance deadlines Strengthened enforcement Strengthened enforcement

provisionsprovisions