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64 Cards in this Set
- Front
- Back
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Friant Dam Case |
Enough water shall be allowed to flow around, through, or pass over to keep fish in good condition that may exist below dam |
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Goals of Fish and Game Code from Friant Dam Case |
1. Restore and maintain fish pops 2. min loss of water to water contractors |
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National Audobon Case vs LADWP |
Is the water from navigable Mono Lake's non- navigable tribuatries protected? Ended up that non-navigable tributaries from navigable water ways are now protected! Doctrine logically prevents extraction of water that would harm navigable waterways and public trust interests |
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State as Trustee |
Does public trust function independently of CA Water Rights Systems? Neither, they are equal State has obligation to take public trust into account when allocating water resources State has power to grant rights to appropriate water State should consider affects and attempt to minimize or eliminate harms |
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Federal vs State Water Quality Acts |
Federal: Clean Water Act State: Porter Cologne Water Quality Act CA regulates groundwater and nonpoint sources Not completely separate! |
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4 Important Principles |
1. Don't have right to discharge pollutants to waters of US 2. Permit needed 3. Treat wastewater with best water quality treatment 4. Limit pollution based on technology |
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Waters of US |
-all interstate waters -intrastate waters and tributaries used in interstate and foreign commerce -Terretorial seas at cyclical high mark -Wetlands adjacent to (or having significant nexus to) all of above |
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TMDL |
Total Maximum Daily Load -amount of pollutant water can have and still meet water quality standards -states and tribes have to develop TMDLs for waters on 303(d) lists -TMDLs approved or disapproved by EPA and if approved EPA makes TMDL |
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Elements of TMDL |
-allowable pollutant load (cap) -Margin of safety (MOS) -allocation of cap among sources |
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CWA makes it illegal to.... |
1. discharge pollutants 2. from point source 3. to the waters of US 4. without a permit |
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NPDES |
National Pollutant Discharge Elimination SystemPermits set discharge limitsStatutory Exemptions |
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Types of violations of NPDES |
-discharge without a permit -permit exceeding amounts -Other permit violations a. don't submit monitoring reports b. falsifying monitoring/data c. don't meet schedule deadlines |
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Gwaltney vs Chesapeake Bay |
Gwaltney violated NPDES permit repeatedly They installed a new treatment Mootness Need to prove that: violation is ongoing violation is happening repeatedly |
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Waters of the State |
Any surface or groundwater, including saline waters in the boundaries of the state |
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State Water Board |
Oversees Regional Water Boards |
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Regional Water Quality Control Boards |
-coordinate with agencies about water issues -help with waste disposal programs -enforce porter cologne |
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State Permit Process |
Regional boards give permit authority Report of Waste Discharge Waste Discharge Requirements -permits issued under CA water code -also do NPDES if from point source to navigable waters |
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Takings Amendment |
From the 5th amendment can't take private property for public use without compensation |
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Regulatory Takings Considerations |
-Economic Impact -Reasonable expectations -Governmental Purpose |
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Background Principles |
Courts look at state's background principles to determine a regulatory taking |
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Lucas |
Wanted to expand land, he could when he bouth the house, then after he bought it laws went into place that said he couldn't They said it was a regulatory taking no economically benefical land left |
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Palazzo |
Wanted to develop beach club and fill wetland They said he couldn't bc it wasn't a regulatory taking since there are other places he could develop his land, and the law was alrady in place when he bought it |
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Tahoe Case |
Moratoria did not create a taking They have to determine the WHOLE taking of all the land moratoria protected interests of all landowners |
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Wetlands Definition |
Any area that has enough water enough times of the year that make the plants that live there adapted to saturated soil conditions. Include swamps, bogs, marshes. |
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Section 404 |
Wetlands Regulation Permit for discharge of dredged or fill materials into navigable waters Admin of US EPA can veto Corps permits Some exceptions ie ag, ranching, siviculture that was going on before Navigable waters = waters of US including territorial seas |
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Riverside Bayview |
Congress defined waters broadly Ruled that Govt has power to control intrastate wetlands as waters of US Ruled that the waters Riverside Bayview homes was filling were wetlands |
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SWANCC |
Does CWA 404 give Corps authority to regulate isolated intrastate wetland? Tried to use Migratory Bird Rule, didn't work They were able to use wetland as pleased |
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Plurality Opinion |
No single opinion received majority Did not receive support of more than half of justices but received more support than any other opinion |
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Rapanos |
Rapanos backfilled wetlands on land he wanted to develop Land had a lot of land with sometimes saturated soil conditions Nearest navigable water body was far away Holding: Wetlands that do not join main state waters but are either adjacent or of significant nexus (affect chemical, biological, physical aspects of other waters) can still be called navigable |
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SB 4 |
Defines terms Required Sec of Nat Resources Agency to do study on well treatments Owners/operators of wells record and include data on well treatments Adoption of regulations specific to well stimulation Permit Copy of permit and post permit on internet |
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NAAQs |
National Ambient Air Quality Standards Need to have NAAQs for each air pollutant that "air quality criteria" issued under CAA Must review it at 5 year intervals and make revisions if needed Primary: Protect public health Secondary: Prevent environmental & property damage -margin of safety -EPA cannot consider costs |
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EPA's role |
EPA sets limits Can also limit emissions of air pollutants coming from chemical plants, utilities, and steel mills |
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Cooperative Federalism |
EPA must approve plans for reducing air pollution EPA can take it over if doesn't meet standards |
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State Implementation Plans |
SIPs Fed clean air laws make areas with unhealthy levels of criteria pollutants to develop SIPs telling how they will attain NAAQs Not single documents Air Resources Board is CA's agency for SIPs Must show how each area will attain fed standards |
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Permits |
Need operating permit for stationary sources Include info on: which pollutants released how much pollutants are released what steps needto be taken to reduce pollution Plans to measure and report pollution emitted States, tribes, local govts issue operating permits |
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Criteria Air Pollutants |
Particle pollution ground-level ozone carbon monoxide sulfur oxides nitrogen dioxide lead |
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Global Warming Solutions Act of 2006 (AB 32) |
Established 1st economy-wide climate change regulatory program in US AB 32 sets GHGs limit for 2020 at 1990 level 80% reduction by 2050 outlines combo of regulations, programs, fees Cap and Trade Regulation GHGs=CO2, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride CARB regulations designed to have max technologically feasible and cost effective reductions in GHG sources |
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Mass vs EPA |
Mass watned EPA to regulate GHGs from cars EPA didn't want to Issues: Does EPA have authority to regulate GHG emissions from motor vehicles? Can it defer this? CO2 and GHGs are subject to regulation |
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Wildland Fire Laws |
Laws that impose liability on those who either negligently or thru law violation kindle fire, allow it to be set, or escape control |
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Why make people liable? |
Deterrence Prevent fires and destruction of property Compensation for losses Compensation for fire suppression |
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Negligence |
Duty Breach Causation Damages 1. Negligently kindled fire 2. Negligently allowed it to burn uncontrolled or escape |
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"Vicarious" Liability |
Sometimes people may be liable for someone else's conduct Can be liable if: you employed the person, caused, permitted, or had reason to know about fire-causing activity Liability on one who allowed or benefitted from fire-causing rather than injured third party |
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Examples of Law Violations |
No fire tools No clearance No spark arrester No fire walk |
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RCRA Purpose |
RCRA = Resource Conservation and Recovery Act Set national goals for: -portecting human health and environment from hazards of waste disposal -conserving energy and natural resources -reduce amount of waste generated -making sure wastes are managed in environmentally sound manner |
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What RCRA does |
Defines solid waste Tracking system for hazardous waste from creation to disposal (cradle to grave) Handling standards from cradle to grave Authority for clean up of polluted treatment, storage and disposal sites Material must a solid waste that is hazardous |
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Listed Wastes |
1. hazardous wastes from non-specific sources 2. wastes from specific manufacturing processes 3. discarded commercial chemicals |
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Characteristic Wastes |
Ignitable Corrosive Reactive Toxic |
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Who is Regulated |
Generators Transporters Treatment, Storage, Disposal Facilities |
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Environmental Justice |
Fair treatment and involvement of all people regardless of race, color, national origin, or income This counts for development, implementation, enforcement of environmental laws, regulations, and policies |
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Cal EPA EJ Action Plan |
EPA agencies: Develop guidance on precautionary approaches Develop guidance on cumulative impacts analysis Improve tools for public participation and community capacity-building Make sure EJ considerations w/in Governor's Environmental Action Plan |
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Kettleman City |
EIR was done inaccurately Predominantly Latino community was going to get waste incinerator there that already have bad air Needed to publicly inform city people El Pueblo won bc they did not publicly inform them |
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11135 |
No person in CA shall be unlawfully discriminated against in something run by state/state agency, funded from state, or gets money from state can't use administration that's discriminating can't pick sites that subject to discrimination |
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Comunidad en Accion v LA |
Couldn't get it bc could not figure out exactly where funding came from |
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2 Sets of Laws of Hazardous Waste and Liability |
CERCLA Cal Health & Safety Code |
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3 Major Components of CERCLA |
1. cleanup activity Federal required to clean up 2. financing Put federal dollars behind cleaning up 3. Liability Assessment ID's responsible parties liable for cleanups |
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When to Apply CERCLA |
1. Release or threatened release 2. of hazardous substances 3. from facility or vessel |
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Strict Liability |
Liability w/out negligent or unreasonable content no intent required Usually indivisible But you can prove divisible |
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To get money back plaintiff has to show |
-site is facility or vessel -defendant is responsible -release or threatened relase happene -release aused plaintiff to get response costs -defendant liable unless one of statutory defenses |
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Defenses (not liable) |
-unanticipated event -Acts of war -Acts of independent third parties |
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Potentially Responsible Party |
1. current owners/operators 2. prior owners/operators 3. persons who arrange for disposal/treatment of hazardous substances 4. transporters of hazardous substances who select disposal sites |
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Toxic Tort Action |
Personal injury action based on exposure to substances presenting unusally high risk to human health or environment |
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Toxic Tort Causation Problems |
-Long latency period of illness -Ds attribute illnesses to other causes -Need expert testimony, skill of experts and preparation may decide case -Cost limit P's ability to pursue claims, power and money usually with D |
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Leaf River |
Toxins from Paper mill Lost |
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To Win a Toxic Tort |
1. P was exposed to substance released by D 2. substances can cause types of harm suffered by P 3. substance caused P's harm |
