McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved.

Chapter 18

Environmental Law

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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.

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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.

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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.

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The Clean Water Act

Water Quality Regulation

Permitting

Point vs effluent

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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.

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Liability for Oil Spills

Deepwater Horizon (BP) Oil Spill

Exxon valdez

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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.

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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.

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(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.

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Superfund

Removal and Remedial Responses

Liability of Principally Responsible Parties (PRPs)

Consent Decrees

Allocation of liability

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WILDLIFE PROTECTION

Endangered Species Act (ESA)

Marine Mammal Protection Act and the Migratory Bird Conservation Act

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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.

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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.

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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.