under what common law theories can polluters be held liable? under what common law theories can...

• Under what common law theories can Under what common law theories can polluters be held liable?polluters be held liable?• What is an environmental impact What is an environmental impact

statement, and who must file one?statement, and who must file one?• What does the Environmental What does the Environmental

Protection Agency do? Protection Agency do?

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• What major federal statutes regulate What major federal statutes regulate air and water pollution? air and water pollution? • What is Superfund? What categories What is Superfund? What categories

of persons are liable under Superfund?of persons are liable under Superfund?


• NuisanceNuisance..–Person liable if they use their property

in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.


• Negligence and Strict LiabilityNegligence and Strict Liability..–Business or person alleged failure to

use reasonable care toward a party whose injury was foreseeable and, or course, caused by the lack of reasonable care.


• State and local governments regulate State and local governments regulate some aspect of the environment.some aspect of the environment.–Local Zoning Laws. –Local Growth and Development Plans.


• Environmental Regulatory Agencies: Environmental Regulatory Agencies: primary federal agency is the EPA. All primary federal agency is the EPA. All federal agencies must take the federal agencies must take the environmental impact into account environmental impact into account when making significant decisions. when making significant decisions.


• Environmental Impact Statements. Environmental Impact Statements. An EIS must analyze:An EIS must analyze:–The impact of the proposed action on the

environment.–Any adverse effects of the action and

alternatives to the action.–Any irreversible effects the action might

generate.


• Updating Pollution-Control Standards.Updating Pollution-Control Standards.• Stationary Sources of Pollution.Stationary Sources of Pollution.–Listing of Hazardous Air Pollutants.–CASE 41.1 State of New Jersey v. EPA State of New Jersey v. EPA

(2008). Why was the EPA ordered to delist mercury? -->


• Violations of the Clean Air ActViolations of the Clean Air Act..–Civil penalties up to $25,000/day.–Intentional violations may involve

criminal penalties.


• Clean Water ActClean Water Act goals are: goals are: safe safe swimming, protection of fish and wildlife, swimming, protection of fish and wildlife, elimination of the discharge of pollutants elimination of the discharge of pollutants into waterways.into waterways.–Focus on Point-Source Emissions:

municipal, industrial, and agricultural sources must have a permit.


• Clean Water ActClean Water Act (cont’d). (cont’d). –Standards for Equipment: ‘best

available control technology’ (BACT). Some provisions require EPA to weigh cost of BACT with benefits.• CASE 41.2 Entergy Corp. v. Riverkeeper, Entergy Corp. v. Riverkeeper,

Inc.Inc. (2009). Why was the cost-benefit analysis permitted by the EPA?


• Clean Water ActClean Water Act (cont’d). (cont’d). –Violations of the Clean Water Act.

• WetlandsWetlands. . CWA prohibits filling or CWA prohibits filling or dredging of wetlands unless a permit dredging of wetlands unless a permit is issued.is issued.• Drinking Water.Drinking Water. • Ocean DumpingOcean Dumping. .


• Oil Pollution.Oil Pollution.–See the 2010 British Petroleum Gulf Oil

Spill. http://en.wikipedia.org/wiki/Deepwater_Horizon_oil_spill


• Pesticides and HerbicidesPesticides and Herbicides. . –Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) : regulates the use of pest control chemicals in the process of food growth to food packaging, to minimize their presence in foods consumed.


• Toxic Substances Toxic Substances Control Act:Control Act:–Requires anyone planning to use

chemicals first determine their effect on human health and environment.–EPA can require special labeling, limit

use of substance, set production quotas, or prohibit the use of a substance altogether.


• Resource Conservation and Recovery Resource Conservation and Recovery ActAct..–Authorizes the EPA to issue regulations

for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.


• SUPERFUND - CERCLA.SUPERFUND - CERCLA.–Designed to ensure the clean-up of

hazardous waste sites and to assign liability for the costs of the cleanup operations.–Potentially Responsible Parties: (1) the

person who generated the wastes disposed of at the site,


• SUPERFUNDSUPERFUND (cont’d). (cont’d).–Potentially Responsible Parties: (2) the

person who transported the wastes to the site, (3) the person who owned or operated the site at the time of the disposal, or (4) the current owner or operator. –Joint and Several Liability.


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