Next Generation Air Transportation System

1. Next Generation Air Transportation System • Undertaking that requires new integrated systems, procedures, aircraft performance capabilities, and supporting infrastructure to create an air transportation system that uses satellite-based surveillance and navigation and network-centric operations • NextGen is intended to improve the efficiency and capacity of the air transportation system so that it can accommodate anticipated future growth • By 2025, air traffic is projected to increase up to three times the current level • Today’s U.S. air transportation system will not be able to meet these air traffic demands

2. Commodity Futures Trading Commission • Congress created the Commodity Futures Trading Commission in 1974 as an independent agency with the mandate to regulate commodity futures and option markets in the United States • In 1974 the majority of futures trading took place in the agricultural sector • The futures industry has become increasingly varied over time and today encompasses a vast array of highly complex financial futures contracts • Future contracts one type of hedge against the risks involved in producing or consuming a product or service • Media Derivatives Inc.

3. Environmental Policy (Wikipedia) • Air Quality • Water Quality • Wildlife – ecosystem, biodiversity, endangered species • Recently, environmental policy has also attended to the communication of environmental issues • Sustainability

4. Government instruments • financial incentives to private sector participants– • carrots (tax exemptions, tradable permits) • big sticks (taxes, fees, prohibitions & penalties) • infrastructure (sewers, roads, airports, ….. • public entities • Voluntary measures between private sector and government, • bilateral agreements • commitments made by firms independent of government pressure • greener purchasing programs

5. Environmental Law (Legal Information Institute) • The National Environmental Policy Act (NEPA) (Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852) along with the Environmental Quality Improvement Act (Pub. L. 91–224, title II, § 202, Apr. 3, 1970, 84 Stat. 114.) the National Environmental Education Act ((Pub. L. 101–619, § 2, Nov. 16, 1990, 104 Stat. 3325) • Environmental Protection Agency (EPA) • The main objective of these federal statutes was to assure that the environment be protected against both public and private actions that failed to take account of costs or harms inflicted on the eco-system

6. Agriculture • 7 U.S.C., Chapter 6 - Insecticides and Environmental Pesticide Control • 16 U.S.C. -Conservation • Foreign Relations and Intercourse • 22 U.S.C. § 274a - International Biological Program for the Earth's Ecology • 22 U.S.C. § 2151p - International Environmental and Natural Resources • 22 U.S.C. § 2151p-1 - Tropical Forests • 22 U.S.C. § 2151q - Endangered Species • 26 U.S.C., Chapter 38 - Environmental Taxes • Navigation and Navigable Waters • 33 U.S.C., Chapter 9 - Protection of Navigable Waters • 33 U.S.C., Chapter 26 - Clean Water Act • 33 U.S.C., Chapter 27 - Ocean Dumping • 33 U.S.C., Chapter 33 - Prevention from Pollution from Ships • 33 U.S.C., Chapter 40 - Oil Pollution

7. The Public Health and Welfare • 42 U.S.C. § 300g-1 - National Drinking Water Regulations • 42 U.S.C., Chapter 23 - Atomic Energy • 42 U.S.C., Chapter 55 - National Environmental Policy • 42 U.S.C., Chapter 65 - Noise Pollution • 42 U.S.C., Chapter 73 - Development of Energy Sources • 42 U.S.C., Chapter 82 - Solid Waste Disposal • 42 U.S.C., Chapter 85 - Clean Air Actl • 42 U.S.C., Chapter 103 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) • 43 U.S.C. Public Lands

8. 40 C.F.R. - Protection of Environment • U.S. Supreme Court: Recent Environmental Law Decisions • U.S. Circuit Courts of Appeals: Recent Environmental Law Decisions • U.S. Supreme Court: Recent Natural Resource Decisions • U.S. Circuit Courts of Appeals: Recent Natural Resource Decisions • Congressional Research Service Reports

9. Environmental Nonprofits • Natural Resources Defense Council • Resources for the Future • Environmental Defense Fund • Worldwatch Institute • American Farmland Trust • National Wildlife Federation • Izaak Walton League • Sierra Club • The Wilderness Society • Union of Concerned Scientists

10. Access to Specific Legislation • Environmental Protection Agency Laws and Regulations • Facts about Federal Wildlife Laws (Fish and Wildlife Service) • Digest of Federal Laws (Fish and Wildlife Service) • Environmental Legislation (Congressional Research Service blogs) • Natural Resources Defense Council Legislative Watch • Major Federal Environmental Laws (Acts) (Purdue University) • Fish, Game & Wildlife Law (Megalaw.com)

11. E.P.A • Office of Air and Radiation • The Clean Air Act gives EPA the authority to establish policy and promulgate regulations to protect air quality. • Air Toxics Rules and Implementation • Clean Air Act • Clean Air Interstate Rule • Clean Air Mercury Rule • Dry Cleaning Rule • Fuel Economy Calculations • New Source Review Permits • Nonroad Diesel Tier 4 • Operating Permits Program • Ozone Depletion Regulations • Phaseout of Ozone-Depleting Substances

12. Climate Change • Regulatory Initiatives • Massachusetts V EPA 549 U.S. 497 (Cornell University) • Supreme Court sends carbon regulation back to the EPA (ARS Technica) • In the majority view, the "EPA’s steadfast refusal to regulate greenhouse gas emissions presents a risk of harm to Massachusetts that is both 'actual' and 'imminent.'" • Crazy on Carbon Dioxide (National Review) • The EPA's Prudent Response to Massachusetts v. EPA (Heritage Foundation) • Massachusetts v. EPA, Ignored: One Year Later, Back to Court We Go(Warming Law blog)

13. Other Atmospheric Concerns • Acid Rain • Mercury • Indoor Air Quality • Carbon Monoxide • Radon • Volatile Organic Compounds • Second-hand Smoke • Asbestos • Mold • Lead in Paint, Dust, and Soil • Clean Air Markets

14. Wastes • Non-Hazardous Waste – Municipal Solid Waste • Laws and regulations • Hazardous Wastes - Superfund • Program established to address abandoned hazardous waste sites. It is also the name of the fund established by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA statute, CERCLA overview) • Enacted in the wake of the discovery of toxic waste dumps such as Love Canal and Times Beach in the 1970s the legislation allows EPA to clean up such sites and to compel responsible parties to perform cleanups or reimburse the government for EPA-lead cleanups

15. The cleanup process involves several steps • to assess sites • to place them on the National Priorities List • to establish and implement appropriate cleanup plans. • EPA also has the authority • to conduct removal actions where immediate action needs to be taken • to enforce against potentially responsible parties • to ensure community involvement • involve states • and ensure long-term protectiveness • The blueprint for these activities is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), a regulation applicable to all federal agencies involved in responding to hazardous substance releases • Minnesota

16. Toxic Substances • Summary of Toxic Substances Control Act provides EPA with authority to require companies produce and/or use chemicals in safe manner by testing the chemicals, keeping records, and reporting, and to place restrictions on the manufacture and use of some.  • Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. • PCBs • Asbestos • Lead • PFCs • Pesticides

17. Water and E.P.A. • The Clean Water Act (CWA) provided EPA and the States with a variety of programs and tools to regulate discharges of pollutants into the waters of the United States and to restore those waters that have been impaired by such actions. • These programs and tools rely either on water quality-based controls, such as water quality standards, or technology-based controls such as effluent guidelines • National Pollution Discharge Elimination System • Wastewater • Industrial Wastewater – effluent limitation guidelines • Municipal wastewater • Stormwater

18. Ground Water and Drinking Water • Safe Drinking Water Act • Drinking Water Standards • Regulations & Guidance • List of Contaminants • Public Drinking Water Systems • Water Security • Source Water Protection • Wetlands

19. Wetlands • Wetland Authority • Solid Waste Agency of Northern Cook County v Army Corps of Engineers 531 U.S. 159 (2001) • Rapanos v United States 547 U. S. 715 (2006) • U.S. Army Corps and EPA Propose New Regulations for Wetland Mitigation (The Impact Report, 2006) • Rulings Restrict Clean Water Act, Foiling E.P.A (The New York Times March 1, 2010)