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Chapter 18 Environmental Law

Chapter 18 Environmental Law. GOVERNMENT ENFORCEMENT. Federal environmental laws are primarily administered, implemented, and enforced by the U.S. Environmental Protection Agency (EPA).

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Chapter 18 Environmental Law

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  1. Chapter 18 Environmental Law

  2. GOVERNMENT ENFORCEMENT • Federal environmental laws are primarily administered, implemented, and enforced by the U.S. Environmental Protection Agency (EPA). • The EPA, created in 1970, works in tandem with other administrative agencies in handling a broad range of environmental concerns at the federal level.

  3. Citizen Suits Provisions and Watchdog Groups • Citizen interest organizations and individual citizens are statutorily authorized to file a lawsuit against either: • a polluter who is in violation of environmental statutes or regulations, or • a government agency or unit (such as the EPA or a municipality) that is not taking legally mandated steps to carry out environmental law enforcement.

  4. CLEAN AIR ACT • First enacted in 1963, the Clean Air Act (CAA) is a considerably complex statute aimed at improving outdoor air quality in the United States.

  5. The Clean Water Act • Water Quality Regulation • Permitting • Point vs effluent

  6. Safe Drinking Water Act (SDWA) • Federal statute that sets minimum quality and safety standards for every public water system and every source of drinking water in the United States. • This includes rivers, lakes, reservoirs, springs, and subsurface water wells.

  7. Liability for Oil Spills • Deepwater Horizon (BP) Oil Spill • Exxon valdez

  8. Resource Conservation and Recovery Act • The RCRA created a “cradle-to-grave” procedure for handling waste from its origins, transportation, treatment, storage, and disposal. • Like many other environmental laws, the RCRA established reporting requirements, procedures, and provides for civil penalties and citizen suits.

  9. Toxic Substances Control Act • Statute provides for: • (1) EPA to maintain an inventory of every chemical substance that may be legally manufactured, processed, or imported into the United States; • (2) EPA authority to require companies to conduct specific screening tests to reveal risks to public welfare; • (3) EPA regulation on use, labeling, and control measures of the substance; • (4) record-keeping requirements; and • (5) reporting any potential adverse impact.

  10. (CERCLA) • Toxic waste contamination generated prior to the enactment of statutes, and then abandoned by the polluter became a major hurdle to achieving environmental safety for the public. • To confront the problem, Congress passed the Comprehensive Environmental Response Compensation and Liability Act.

  11. Superfund • Removal and Remedial Responses • Liability of Principally Responsible Parties (PRPs) • Consent Decrees • Allocation of liability

  12. WILDLIFE PROTECTION • Endangered Species Act (ESA) • Marine Mammal Protection Act and the Migratory Bird Conservation Act

  13. learning outcomes checklist • 18 - 1 Identify the origins and sources of environmental law. • 18 - 2 Describe the role of the Environmental Protection Agency and other agencies in implementation and enforcement of environmental laws. • 18 - 3 Understand the relationship between federal and state environmental agencies.

  14. learning outcomes checklist • 18- 4 Explain the role of citizen suits in enforcing environmental regulations. • 18- 5 Describe the primary objectives and provisions of major federal statutes that protect the environment. • 18- 6 Provide examples of various industries regulated by the air and water pollution regulations laws and regulations related to disposal of waste and hazardous materials.

  15. learning outcomes checklist • 18- 7 Understand liability of parties under the federal environmental cleanup statutes. • 18- 8 Distinguish between removal and remedial cleanup efforts in the context of environmental regulation.

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