Chapter 21 Environmental Law

Define public nuisance in a pollution case

an unreasonable interference w/ the community's right to a reasonably clean & safe environment

Georgia v. Tennessee Copper Company — polluting copper smelting

The Supreme Court decided that a polluting copper smelting operation could be enjoined from operating, if it could not control its pollution output.

What must be proven by the plaintiff to win a pollution trespass case?

requires physical invasion of pollution

What must be proven by the plaintiff to win a pollution negligence case?

failure to use reasonable care to prevent pollution from causing a foreseeable injury

Whalen v. Union Bag & Paper Co. court said about weighing the plaintiff’s small damages against the defendant’s large costs

court notes that if courts refused to grant injunction when the damage to the plaintiff is slight compared with the defendant's expense of abating the condition it would deprive the poor litigant of his little property by giving it to those already rich

What four things must be a state implementation plan under the Clean Air Act?

1. Enforce able emission limits

2. Schedules & timetables for compliance

3. Measures for monitoring air quality & emissions from pollution sources

4. Adequate funding, personnel, & authority for implementing & enforcing the SIP

What kind of standards and restrictions nonattainment areas have under the Clean Air Act?

Dirty (nonattainment)

Air Areas (more restrictive standards for new constructions)

What happens when the EPA determines that a pollutant is a threat to public health or the environment?

tighter control standards will be imposed w/out regard to other factors

Sierra Club v. EPA Regarding the plaintiff’s standing

The Sierra club did have standing to sue because some of its members were affected by haze in national parks.

What are the factors that reduce punishment for corporate polluters?

Cooperate w/ the government in investigations

What is the objective of the Clean Water Act?

restore & maintain the integrity of the navigable waters of the U.S

What waters are considered to be under federal jurisdiction from the Clean Water Act -- (You will get a fact pattern about run off that goes into a gully. You have to decide if the EPA has jurisdiction under the Clean Water Act)?

Congress has the authority to regulate the "navigable waters" of the U.S -- any sea where a deep vessel can go in

Decker v. Northwest Environmental Defense Center

The EPA interpretation of the relevant statute concerning water pollution was reasonable so discharge permits were not to be imposed.

If you want to change wetlands in anyway, what permit must you obtain?

Army Corp of Engineers permit

To get a permit to dredge wetlands, what requirement must you meet?

If you dredge (fill up) wetlands, must offer other land to become wetland

Lost Tree Village Corp. v. U.S.

There was a taking because more than 99% of the value of the land was lost.

What does CERCLA (the Superfund statute) say about the liability for potentially responsible parties?

joint and several liability

Sierra Club v. United States DOI

The appeals court held the Fish & Wildlife service complied with the requirements to protect the endangered species so it would not interfere.

Massachusetts v. Environmental Protection Agency regarding the EPA’s ability to regulate greenhouse gases

Since the EPA recognizes that there is a causal connection between man-made greenhouse gas emissions & global warming, the refusal to regulate such emissions "contributes" to Massachusetts' injuries.