Chapter 45 Environmental Protection

1. Chapter 45Environmental Protection Business LawLegal, E-Commerce, Ethical, and International Environments © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

2. Environmental Protection Agency • An administrative agency created by Congress to coordinate the implementation and enforcement of the federal environmental protection laws. • Broad rule-making powers • Adjudicative powers • The EPA can initiate judicial proceedings in court against suspected violators of federal environmental laws. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

3. National Environmental Policy Act • Federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented. • Created the Council on EnvironmentalQuality. • Does not apply to action by state or local governments or private parties. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

4. Environmental Impact Statement • An environmental impact statement(EIS) must be prepared for all federal action that significantly affects the quality of the human environment. • The purpose is to provide enough information about the environment to enable the federal government to determine the feasibility of the project. • The EIS is also used as evidence in court whenever a federal action is challenged as violating the NEPA or other federal protection laws. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

5. Environmental Impact Statement (continued) • EIS must: • Describe affected environment. • Describe impact on environment. • Identify and discuss alternatives. • List resources to be committed. • Contain cost-benefit analysis • Subject to public review and comments. • EPA decisions are appealable to appropriate U.S. court of appeals. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

6. Air Pollution • Clean Air Act (as amended) • A federal statute enacted in 1963 to assist states in dealing with air problems. • The Clean Air Act, as amended (1970, 1977, 1990), provides comprehensive regulation of air quality in the United States. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

7. Pollution Sources Stationary Sources of Air Pollution Mobile Sources of Air Pollution Nonattainment Areas Toxic Air Pollutants © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

8. Sources of Air Pollution • Stationary sources • States must be identified • Plans must be developed to reduce pollution • Mobile sources • Emission standards set • EPA regulates pollution caused by fuel and fuel additives © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

9. National Ambient Air Quality Standards • The Clean Air Act directs the EPA to establish national ambient air quality standards (NAAQS) for certain pollutants. • Standards are set at two levels: • Primary – to protect human beings • Secondary – to protect vegetation, matter, climate, visibility, and economic values • States responsible for enforcement © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

10. Nonattainment Areas • Regions that do not meet air quality standards. • Five categories, ranging from marginal to extreme. • States must submit compliance plans. • Failure to develop and implement approved plan will cause loss of highway funds and limitations on new sources of emissions. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

11. Water Pollution • Comprehensive scheme of statutes and regulations to prevent and control water pollution. • Federal Water Pollution Control Act (FWPCA) of 1948 (as amended): • Clean Water Act of 1972 • Clean Water Act of 1977 • Clean Water Quality Act of 1987 © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

12. Point Sources of Water Pollution • Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants. • Dischargers must keep records, maintain monitoring equipment, and keep samples of discharge. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

13. Thermal Pollution • Heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content • Sources subject to Clean Water Act © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

14. Wetlands • Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions • Clean Water Act forbids filling or dredging of wetlands without permit from Army Corps of Engineers. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

15. Safe Drinking Water Act • Authorizes the EPA to establish national primary drinking water standards. • Prohibits the dumping of wastes into wells used for drinking water. • The states are primarily responsible for enforcing the act. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

16. Ocean Protection • Marine Protection, Research, and Sanctuaries Act • Extended environmental protection to the oceans. • Requires a permit for dumping wastes and other foreign materials into ocean waters. • Establishes marine sanctuaries in ocean waters and in the Great Lakes and their connecting waters. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

17. Oil Spills • Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans. • The Clean Water Act authorizes the U.S. government to clean up oil spills and spills of other hazardous substances in ocean waters. • The government can recover cleanup costs from responsible parties. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

18. Toxic Substances • Chemicals used for agricultural, industrial, and mining uses that cause injury to humans, birds, animals, fish, and vegetation. • Key federal laws: • Insecticide, Fungicide, and Rodenticide Act of 1947 (as amended in 1972) • Toxic Substances Control Act of 1976 © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

19. Hazardous Waste • Hazardous Waste • Solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed • Land Pollution • Pollution of the land that is generally caused by hazardous waste being disposed of in an improper manner © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

20. Toxic Substances Control Act • Requires manufacturers and processors to test new chemicals to determine their effect on human health and the environment before the EPA will allow them to be marketed. • EPA establishes standards. • Requires stationary sources to control emissions. • EPA can limit or prohibit manufacture and sale, or remove it from commerce. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

21. Insecticides, Fungicides, and Rodenticides • Requires pesticides, herbicides, fungicides, and rodenticides to be registered with the EPA. • The EPA may deny, suspend, or cancel registration. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

22. Land Pollution • Resource Conservation and Recovery Act (RCRA) of 1976 • Federal statute that authorizes the EPA to regulate facilities that generate, treat, store, transport, and dispose of hazardous wastes. • States have primary responsibility for implementing the standards established by the act and EPA regulations. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

23. Superfund • Comprehensive Environmental Response, Compensation & Liability Act • Administered by the EPA • Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

24. Superfund (continued) • The Superfund requires the EPA to: • Identify sites in the U.S. where hazardous wastes have been disposed, stored, abandoned, or spilled, and • Rank these sites regarding the severity of risk • The hazardous waste sites with the highest ranking are put on a National Priority List • The law provides for the creation of a fund to finance the cleanup of hazardous waste sites • Can order polluter or landowner to pay for cleanup © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

25. Radiation Pollution • Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

26. Nuclear Regulatory Commission • Licenses the construction and opening of commercial nuclear power plants. • Continually monitors the operation of nuclear power plants and may close a plant if safety violations are found. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

27. EPA • Empowered to set standards for radioactivity in the environment and to regulate the disposal of radioactive waste. • Regulates thermal pollution from nuclear power plants. • Regulates emissions from uranium mines and mills. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

28. Endangered Species • Endangered Species Act • Federal statute that protects “endangered” and “threatened” species of animals. • The Secretary of the Interior is empowered to declare a form of wildlife endangeredor threatened. • The act requires the EPA and the Department of Commerce to designate critical habitats for each endangered and threatened species. • The act prohibits the taking of any endangered species. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

29. Federal Wildlife Laws • Migratory Bird Treaty Act • Bald Eagle Protection Act • Wild Free-Roaming Horses and Burros Act • Marine Mammal Protection Act • Migratory Bird Conservation Act • Fishery Conservation and Management Act • Fish and Wildlife Coordination Act • National Wildlife Refuge System © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

30. State Environmental Protection Laws • Many state and local governments have enacted statutes and ordinances to protect the environment. • States are entitled to set pollution standards that are stricter than federal requirements. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman