Ch 41 - Environmental Law

Front 1

EPA (Environmental Protection Agency

Back 1

Created by Congress in 1970 to consolidate environmental regulation under one roof. When Congress passes a new environmental law, the EPA issues regulations to implement it.

Front 2

Three major sources of air pollution:

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1. Coal-burning utility plants
2. Factories
3. motor vehicles

Front 3

Clean Air Act

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Passed by Congress in 1970.

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The Clean Air Act has 4 major provisions:

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1. Primary Standards. Congress directed the EPA to establish national ambient air quality standards (known as NAAQSs) for primary pollution, that is, pollution that harms the public health.
2. Secondary Standards. Congress also directed the EPA to establish NAAQSs for pollution that may not be a threat to health but has other unpleasant effects, such as obstructing visibility and harming plants or other materials.
3. State Implementation Plans (SIPs): After the EPA set primary and secondary standards, states would produce SIPs to meet the primary standards within three years and the secondary standards within a reasonable time. If a SIP was not acceptable, the EPA would produce its own plan for that state.
4. Citizen Suits. The Clean Air Act permits anyone to file suit against a polluter or against the EPA for failing to enforce the statue.

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PSD (prevention of significant deterioration)

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No one may undertake a building project that will cause a major increase in pollution without first obtaining a permit from the EPA.

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The EPA will grant permits only if an applicant can demonstrate that:

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1. Its emissions will not cause an overall decline in air quality
2. It has installed the best available control technology for every pollutant.

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Power Plants have four options for meeting emissions standards:

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1. Installing Scrubbers
2. Using low-sulfur coal
3. switching to alternative fuels (such as natural gas)
4. Trading emissions allowances

Front 8

CWA (Clean Water Act)

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Passed as a statute in 1972, with two ambitious goals: to make water suitable for swimming and fishing by 1983, and to eliminate the discharge of pollutants into navigable water by 1985. The CWA prohibits any single producer from discharging pollution into water without a permit from the EPA.

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Water Quality Standards

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The CWA requires states to set EPA-approved water quality standards and develop plans to achieve them.

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Non-point Sources

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Pollutants with no single source, such as water runoff from agricultural land or city streets.

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Wetlands

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The CWA prohibits any discharge of dredge and fill material into wetlands without a permit.

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Sewage

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Under the CWA, a municipality must obtain a permit for any discharge from a wastewater treatment plant.

Front 13

The Safe Drinking Water Act of 1974:

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1. Requires the EPA to set national standards for contaminates potentially harmful to human health that are found in drinking water.
2. Assigns enforcement responsibility to the states but permits the EPA to take enforcement action against states that do not adhere to the standards.
3. Prohibits the use of lead in any pipes through which drinking water flows
4. Requires community water systems to send every customer an annual consumer confidence report disclosing the level of contaminants in the drinking water. (one can only hope that consumers will remain confident after receiving the report.

Front 14

Ocean Dumping Act of 1972

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Prohibits the dumping of wastes in ocean water without a permit from the EPA.

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Oil Pollution Act of 1990

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Passed by Congress in response to the mammoth 1989 Exxon Valdez tanker oil spill in Prince William Sound, Alaska. This statute sets design standards for ships operating in US waters. It also requires shipowners to pay for damage cause by oil discharged from their ships.

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RCRA (Resource Conservation and recovery Act

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focuses on preventing future Love Canals by regulating the production and disposal of solid wastes, both toxic and otherwise.

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CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)

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also referred to as Superfund, focuses on cleaning up existing hazardous waste sites.

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RCRA (Resource Conservation and Recovery Act)

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establishes rules for treating both hazardous wastes and other forms of solid waste (such as ordinary garbage).

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The disposal of nonhazardous solid wast has generally been left to the states, but they must follow guidelines set by the RCRA. The RCRA:

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1. Bans new open dumps
2. Requires that garbage be sent to sanitary landfills
3. Sets minimum standards for landfills
4. Requires landfills to monitor nearby groundwater
5. Requires states to develop a permit program for landfills
6. Provides some financial assistance to aid states in waste management

Front 20

Underground Storage Tanks

Back 20

Congress requires the EPA to issue regulations for detecting and correcting leaks in existing tanks and establishing specifications for new receptacles. Anyone who owns property with an underground storage tank must notify the EPA and comply with regulations that require installation of leak detectors, periodic testing, and, in some cases, removal of old tanks.

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Identifying Hazardous Wastes

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The EPA establish criteria for determining what is, and is not, hazardous waste. It must then prepare a list of wastes that qualify as hazardous.

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Tracking Hazardous Wastes

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Anyone who creates, transports, stores, treats, or disposes of more than a certain quantity of hazardous wastes must apply for an EPA permit.

Front 23

Superfund (CERCLA)

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The goal of cleaning up hazardous wastes improperly dumped in the past. The philosophy of Superfund is "the polluter pays."

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Therefore, anyone who has ever owned or operated a site on which hazardous wastes are found, or who has transported wastes to the site, or who has arranged for the disposal of wastes that were released at the site, is liable for:

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1. the cost of cleaning up the site
2. any damage done to natural resources
3. any required health assessments

Front 25

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

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Requires manufacturers to register all pesticides with the EPA.

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Federal Food, Drug, and Cosmetic Act

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Requires the EPA to set maximum levels for pesticide residue in raw or processed food.

Front 27

Food quality Protection Act of 1996

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Requires the EPA to set pesticide standards at levels that are safe for children.

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Toxic Substances Control Act (TSCA)

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Regulates chemicals other than pesticides, foods, drugs, and cosmetics. Before selling a new chemical (or an old chemical being used for a new purpose), the manufacture must register it with the EPA.

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National Environmental Policy Act of 1969 (NEPA)

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requires all federal agencies to prepare a environmental impact statement (EIS) for every major federal action significantly affecting the quality of the human environment.

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An EIS (environmental impact Statement must discuss:

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1. Environmental consequences of the proposed action
2. Available alternatives
3. Direct and indirect effects
4. Energy requirements
5. Impact on urban quality, historic and cultural resources
6. Means to mitigate adverse environmental impacts

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The Endangered Species Act (ESA)

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1. requires the Secretary of Commerce or the Secretary of the Interior to prepare a list of species that are in danger of becoming extinct.
2. Requires the government to develop plans to revive these species
3. Requires all federal agencies to ensure that their actions will not jeopardize an endangered species
4. Prohibits any sale or transport of these species
5. Makes any taking of an endangered unlawful - taking is defined as harassing, harming, killing, or capturing and endangered species or modifying its habitat in such a way that its population is likely to decline
6. Prohibits the taking of any endangered plant species on federal property.

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Chapter Conclusion

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Environmental laws have a pervasive impact on our lives.

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Ch. Review #1

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Under the Clean Air Act of 1970, the Environmental Protection Agency must establish national ambient air quality standards for both primary and secondary pollution. States must produce implementation plans to meet the EPA standards.

Front 34

Ch. Review #2

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Under the Clean Air Act, power plants may trade emission allowances.

Front 35

Ch. Review #3

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The Clean Water Act prohibits the discharge of pollution into water without a permit from the EPA. States must set EPA-approved water quality standards and develop plans to achieve them. The Clean Water Act also prohibits any discharge of dredge and fill material into a wetland without a permit.

Front 36

Ch. Review #4

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The Safe Drinking Water Act requires the EPA to set national standards for every contaminant potentially harmful to human health that is found in drinking water.

Front 37

Ch. Review #5

Back 37

The Ocean Dumping Act prohibits the dumping of wastes in ocean water without a permit from the EPA.

Front 38

Ch. Review #6

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The Oil Pollution Act of 1990 sets design standards for ships operating in U.S. waters and requires shipowners to pay for damage caused by oil discharged from their ships.

Front 39

Ch. Review #7

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The Resource Conservation and Recovery Act establishes rules for treating hazardous wastes and other forms of solid waste.

Front 40

Ch. Review #8

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Under Superfund (CERCLA), anyone who has ever owned or operated a site on which hazardous wastes are found, or who has transported wastes to the site, or who has arranged for the disposal of wastes that were released at the site, is liable for (1) the cost of cleaning up the site, (2) any damage done to natural resources, and (3) any required health assessments.

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Ch. Review #9

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The Federal Insecticide, Fungicide, and Rodenticide Act requires manufacturers to register all pesticides with the EPA.

Front 42

Ch. Review #10

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The Federal Food, Drug, and Cosmetic Act requires the EPA to set maximum levels for pesticide residue in raw or processed food. The Food Quality Protection Act requires the EPA to set pesticide standards at levels that are safe for children.

Front 43

Ch. Review #11

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Under the Toxic Substances Control Act, manufacturers must register new chemicals with the EPA.

Front 44

Ch. Review #12

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The National Environmental Policy Act requires all federal agencies to prepare an environmental impact statement for every major federal action significantly affecting the quality of the environment.

Front 45

Ch. Review #13

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The Endangered Species Act prohibits activities that cause harm to endangered species.

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Practice Test #1

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Astro Circuit Corp. in Lowell, Massachusetts, manufactured printed circuit boards. David Boldt was in charge of the production line. In theory, the company pretreated its industrial waste to remove toxic metals, but, in practice, the factory was producing twice as much wastewater as the treatment facility could handle. The company often bypassed the treatment facility and dumped wastewater directly into the city sewer. Once, when caught by the city, Boldt wrote a letter implying that the violation was a temporary aberration. Boldt felt that he was caught “between the devil and the deep blue sea.” It was his job to keep the production line moving, but he had no place to put the waste product. Has Boldt violated the law? What penalties might he face?

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Practice Test #2

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The U.S. Forest Service planned to build a road in the Nez Perce National Forest in Idaho to provide access to loggers. Is the Forest Service governed by any environmental statutes? Must it seek permission before building the road?

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Practice Test #3

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In 1963, FMC Corp. purchased a manufacturing plant in Virginia from American Viscose Corp., the owner of the plant since 1937. During World War II, the government's War Production Board had commissioned American Viscose to make rayon for airplanes and truck tires. In 1982, inspections revealed carbon disulfide, a chemical used to manufacture this rayon, in groundwater near the plant. American Viscose was out of business. Who is responsible for cleaning up the carbon disulfide? Under what statute?

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Practice Test #4

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Tariq Ahmad owned Shankman Laboratories. He decided to dispose of some of the lab's hazardous chemicals by shipping them to his home in Pakistan. He sent the chemicals to Castelazo & Associates (in the United States) to prepare the materials for shipment. Ahmad did not tell the driver who picked up the chemicals that they were hazardous. Nor did he give the driver any written documentation. Ahmad had packed the chemicals hurriedly in flimsy containers that were unsafe for transporting hazardous materials. He also grossly misrepresented to Castelazo the amount and type of hazardous material that he was shipping to Pakistan. Has Ahmad violated U.S. law? What penalties might he face?

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Practice Test #5

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Suppose that you are the manager of the General Motors Hummer plant in Mishawaka, Indiana. Hummers are the successor to the U.S. Army jeep and have become popular recreational vehicles among the rich and famous. Arnold Schwarzenegger has several. The Hummer requires special protective paint that, as it turns out, reacts with other chemicals during the application process to create ozone, a pollutant. You want to increase production of Hummers. Are there any legal requirements you must observe?

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Practice Test #6

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Alcan Aluminum Corp. manufactures aluminum sheet in Oswego, New York. It hired the Mahler Cos. to dispose of an emulsion used during the manufacturing process. This emulsion contained a variety of hazardous substances. Without Alcan's knowledge, Mahler dumped the emulsion into a borehole that connected to deep underground mines along the Susquehanna River in Pennsylvania. You can guess what happened next. Approximately 100,000 gallons of water contaminated with hazardous substances spilled from the borehole into the river. The EPA paid to clean up the river and then sued Alcan along with others who had hired Mahler for hazardous waste disposal. All other defendants settled. The court entered judgment against Alcan in the amount of $473,790.18, which was the difference between the full response costs the government had incurred in cleaning the river and the amount the government had recovered from the settling defendants. Is Alcan required to pay this amount?

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Practice Test #7

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In 1991, Illinois passed a statute requiring its four largest generating plants to install scrubbers so that they could continue using high-sulfur Illinois coal. What federal law was this Illinois statute designed to overcome? Extra credit question: On what grounds did a federal appeals court strike down the Illinois statute?

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Practice Test #8

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The marbled murrelet is a rare seabird that lives only in old-growth forests on the West Coast. Logging has destroyed so much of its habitat that its numbers in California have declined from 60,000 to between 2,000 and 5,000. Pacific Lumber Co. wanted to harvest trees from 137 acres of land it owned in the Owl Creek forest in California. It originally received approval to log, on lators to protect the murrelet. But the company sneaked in one weekend and cut down trees before it met the condition. Caught in the act, it promised no more logging until it had a plan to protect the birds. This time it waited until the long weekend over Thanksgiving to take down some more trees. Finally, a federal court ordered a permanent halt to any further logging. There was no evidence that the company had harmed the murrelet. Had it violated the law?

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Practice Test #9

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ETHICS Geronimo Villegas owned a bloodtesting lab in Brooklyn, New York. He threw vials of human blood from the lab into the Hudson River. A group of eighth graders on a field trip to Staten Island discovered 70 of these glass vials along the shore. Ten vials contained blood infected with the highly contagious hepatitis-B virus. Did Villegas violate the Clean Water Act? Why had Villegas disposed of the vials in this way? Whether or not he was in violation of the statute, was his behavior ethical? Did he violate any of the ethical tests from Chapter 2?

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Practice Test #10

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YOU BE THE JUDGE WRITING PROBLEM The Lordship Point Gun Club operated a trap and skeet shooting club in Stratford, Connecticut, for 70 years. During this time, customers deposited close to 5 million tons of lead shot and 11 million pounds of clay target fragments on land around the club and in Long Island Sound. Forty-five percent of sediment samples taken from the Sound exceeded the established limits for lead. Was the Gun Club in violation of the RCRA? Argument for the Gun Club: The Gun Club does not dispose of hazardous wastes, within the meaning of the RCRA. Congress meant the statute to apply only to companies in the business of manufacturing articles that produce hazardous waste. If the Gun Club happens to produce wastes, that is only incidental to the normal use of a product. Argument for the plaintiff: Under the RCRA, lead shot is hazardous waste. The law applies to anyone who produces hazardous waste, no matter how.

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Practice Test #11

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ROLE REVERSAL Write a short-answer question that poses an ethics or economics question under the environmental laws.