Environmental Law and Policy Final (Fall 2025) | Quizlet

Ecosystem Services

Industries that utilize ecological material. Think forestry, agri/aquaculture, etc.

Penalties

Sanctions imposed on those who are in non-compliance. These can be fines or other severe punishments.

Persuasion

Education, information campaigns, and other such non-legal action like protest or awareness campaigns.

Water Quality Standards

Set mostly by Total Maximum Daily Loads of certain pollutants.

Conservation Development

Developments made with conservation in mind. Think cottage courts, reducing sprawl, and sustainable/green buildings.

Environmental Impact Statement

NEPA byproduct, a document that states the impact of proposed projects on surrounding environments.

Finding of No Significant Impact (FONSI)

Government document that states agency actions will no to minimal impacts on the environment.

Federal Insecticide, Fungicide and Rodenticide Act

Gives EPA authority to regulate pesticides to protect human health. 1947

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) / Superfund

A federal law that gives the government the authority to respond to hazardous substance releases and clean up abandoned waste sites.

Environmental Law

Laws, treaties, rules and regulations, orders, and statutes regarding the maintenance and protection of the environment.

Environmental Policy

Unenforceable statements of intent regarding the environment.

Pollution Law

Pollution law is characterized by restricting or requiring permits regarding pollution.

Conservationist Perspective

Conservationists will use and interact with the environment in a way that maintains the environment's health.

Preservationist Perspective

Preservationists wish to take from the environment as little as possible or not at all.

Common Law

Laws made by the judiciary.

Standing

Legal standing is the right to bring a lawsuit to court.

Scientific Uncertainty

Defining feature of ELP, creates tensions in creating laws and public perception of laws.

Precautionary Principle

Using caution in the face of significant, even if uncertain, threats.

Rights of Nature Movement

An ecocentric movement advocating for ecosystems to have legal standing.

Market Failures

When the free market fails to allocate resources.

Public Goods

Water quality, open spaces/scenic vistas, clean air and water, biodiversity, stable climate.

Tragedy of the Commons

People acting in their own self-interest will deplete shared, limited resources.

Anthropocentric Rights

Laws, movements, and policy that prioritize humans.

Biocentric Rights

Laws, movements, and policy that prioritize living things within an ecosystem.

Ecocentric Rights

Laws, movements, and policy that prioritize both living and non-living things within an ecosystem.

Sustainable Development

Development that meets current needs without sacrificing future generations' needs.

Intergenerational Equity

The guiding principle that states that current changes should not negatively impact future generations.

Three Branches of Government

Legislative Branch

Executive Branch

Judicial Branch

Environmental Justice

The fair treatment and involvement of all people (race, color, place of origin, income, etc.) in the development and implementation of environmental legislation.c

Statutes

Laws made by the legislature.

Regulations

Laws made by the executive branch and agencies.

Trespass

A tort regarding entering private or restricted property.

Nuisance

A tort that affects the use or enjoyment of property resulting in injury.

Injunction

A court order to cease specific action.

Damages

Monetary compensation awarded to those found to have experienced loss or suffering in a case.

Prescriptive Regulation

Rigid and specific guidelines that must be taken or avoided.

Property Rights

Legal rights to own, use, and manage resources.

Payments

Financial incentives such as tax breaks or subsidies used to encourage environmentally friendly action.

Five P's

Prescriptive Regulation

Property Rights

Penalties

Payments

Persuasion

Administrative Law

Governs the decision-making powers of agencies.

Rulemaking Process

Congress passes a law requiring regulation, agency will develop a rule or regulation, rule will be reviewed and posted in its final form in the Federal Register.

Chevron Doctrine

A doctrine of "administrative deference" stating that courts were required to defer to the appropriate agencies when interpreting ambiguous statutes.

Loper Bright Enterprises v. Raimondo

A Supreme Court Case that overturned the Chevron Doctrine.

Non-Legislative Rules

Interpretive rules and policy statements,

which are often called guidance

documents. NOT legally binding.

Commerce Clause

Gives Congress the right to regulate the environment by regulating commerce; foundational to environmental law.

Regulatory Takings

Governmental regulations that may limit the use of private property.

Citizen Suits

Suits wherein citizens attempt to enforce environmental laws when the government has failed to do so.

Enforcement Process

Monitored through inspection, citizen complaints, and self-reporting (permit to pollute). Penalties may be criminal if "knowingly" violating.

Types of Enforcement

Administrative/Agency Enforcement

Civil

Criminal

Administrative Enforcement

Aims for compliance, usually results in "consent agreements" including fines and agreements to cease illegal activity.

Civil Enforcement

Agencies represented by the DOJ, involve higher fines, restitution, and injunction.

Criminal

Fines, restitution, probation, and jail.

Non-attainment

Areas that do not meet NAAQS, ranges from moderate to extreme. Areas in non-attainment must demonstrate progress.

Ambient Air

Air we breathe.

National Ambient Air Quality Standards

Air quality standards set for the six "Criteria Pollutants," contain primary (protect human health) and secondary (protect public welfare) standards. These standards and uniform and reviewed by EPA every 5 years.

Sources of Air Pollution

Most air pollution comes from transportation (cars, planes, etc.)

CAFÉ: Corporate Average Fuel Economy Standards

Rising standards for vehicle fuel economy set by the EPA.

Mobile Sources of Air Pollution

All vehicles.

Cap and Trade

A system wherein caps are set on overall emissions and allows industries to "trade" their permits if they are bellow their allowance.

Ozone Depletion

First international environmental crisis caused by Chlorofluorocarbons (CFCs)

Importance of Greenhouse Gas Emissions Reductions

Greenhouse gasses trap heat within the atmosphere, thus causing global temps to rise.

Clean Water Act

The Clean Water Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions.

Aquifer

Naturally occurring underground reservoirs of freshwater.

Watershed

An area where all water drains into a single outlet like rivers, oceans, lakes, etc.

Point Source Pollution

Pollution that comes from a single source, most often drainage pipes, "end of pipe"

Nonpoint Source Pollution

Any pollution that does not come from a single source.

Atmospheric Deposition

Atmospheric pollutants that fall from the sky and onto the ground or into water.

Sources of Nutrient Pollution

Stormwater, wastewater, septic systems, and fertilizer

Impaired Waters

Waters that do not meet water quality standards.

5 Classifications of Florida Water

Class 1: Potable/Drinking Water

Class 2: Shellfish

Class 3: Fish consumption & recreation

Class 4: Agriculture

Class 5: Industrial

Wetlands

Areas where soil is constantly covered by water all of or most of the year. Crucial due to their ability to hold and absorb water, preventing flooding.

Estuary

Brackish bodies of water where rivers meet oceans. Nursery areas for marine life and buffer zones for storms.

Indian River Lagoon

An estuary on the east coast of Florida, subject to toxic algal blooms that killed thousands of fish, manatees, and hundreds of pelicans and dolphins.

Benefits of Living Shorelines

Promotes biodiversity, buffers storm conditions like flooding.

Sprawl

The spread of urban/suburban developments.

Green Infrastructure

Infrastructure that promotes and does not/minimally interfere with natural cycles like the water cycle. Think planter boxes, grass roofs, etc.

Low Impact Development

Developments that aim to have the least impact on the environment.

Conservation

Protecting nature and natural resources.

Public Trust Doctrine

Legal principal that states that the government should preserve a certain amount of natural resources for public use.

Endangered Species Act

Anthropocentric law that establishes protections for species at risk of extinction.

Incidental Takes Permit

Allows legal "taking" (harming, harassing, killing) endangered species when conducting legal activity like construction.

Habitat Conservation Plan

A part of an ITP. Documents plans on how to minimally impact endangered species habitats when developing.

Endangered Species

Species on the endangered species registry.

National Environmental Policy Act (NEPA)

Requires federal agencies to consider environmental impacts. Most associated with EIS or Environmental Impact Statements.

Categorical Exclusion

Activities that have been determined to have no or minimal impacts on the environment and therefore do not require EIS.

Environmental Assessment

Assessments done on surrounding environments BEFORE a decision is made to predict impacts.

Alternatives Analysis

A method used to explore or evaluate alternative action.

Energy Sources

Fossil fuels, nuclear, geothermal, biofuel, solar, wind, hydropower.

Energy Needs

Heat, transportation, electricity, industry.

Energy Star Program

Partnership between EPA and DOE to promote products that are energy efficient by setting energy-saving standards.

Green Building

Environmentally friendly architecture that meet LEED standards.

How is RISK calculated?

Probability of harm X Degree of harm

What is OSHA?

Occupational Safety and Health Act - Requires a SAFE workplace, not a risk-free workplace.

Toxic Substances Control Act

Gives EPA authority to regulate toxic chemicals for human health. 1976

Safe Drinking Water Act

Lets EPA set minimal standards for safe drinking water. 1974

Solid Waste

Solid trash in landfills.

Leachate

Toxic liquid formed when water filters through landfills.

Brownfield Redevelopment

Cleaning or revitalizing underused or abandoned and contaminated industrial/commercial properties and turning them into housing, recreation, or business lots. Often with EPA grants.

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