CPL Exam 2 (fr)

Vocabulary flashcards for environmental law exam review.

Cost Analysis

Analysis involving cost benefit, cost effectiveness, and fiscal impact.

Domain

Ownership.

Imperium

Control.

Tort

Harm to another person.

Five Standard Forms of Trespass

Physical incursion, light, vibration, smell or odors, sound.

The injury must be both

Direct and substantial.

Public nuisance results in

Violation of public rights.

A private nuisance is

Where one individual interferes with the enjoyment or use of property by another.

Negligence

A standard of conduct one would follow to protect another from unreasonable risk of harm.

Types of damages

Past compensatory, permanent, punitive.

SLAPP

Strategic lawsuit against public participation.

Outrage factors

The emotional factors that influence perception of risk and how people are expected to reach to them.

Example of Toxic torts

Spur v Webb and Boomer V Atlantic Cement.

Strict liability

Focuses on what is referred to as “abnormally dangerous activities”.

Several liability

When separate parties are responsible for different obligations and are each only liable for their specific obligations

Joint liability

Each party is liable up to the full amount of the relevant obligation.

Vicarious liability

A strict, secondary liability that arises under the common law doctrine of agency.

Respondeat superior

The responsibility of the superior for the acts of their subordinate.

Divisibility

The appointment of reasonability.

Individual liability

A legal concept that holds a person's responsible for their actions or debts.

Organizational liability

Rather than focusing on the conduct and state of mind and specific individuals within corporation and deriving the corporation’s fault from there.

Retroactive liability

A policy that provides coverage for losses that occurred prior to the policy’s purchase.

Contribution liability

An action a defendant may bring in a joint and several liability jurisdiction to recover for damages they paid out but did not cause.

Sovereign immunity

Protects the government from being sued without their consent

Foreseeability

Foreknowledge on the part of legal contestants to be aware of likely outcomes or consequences to a specific adverse action.

Reasonableness

A just, rational, appropriate, ordinary, or usual in the circumstances.

Reasonable people

The court considers the usual behavior of an average person under the same circumstances

Proximate causation

Concerned with the problem of remoteness.

Remoteness

Proximity.

Class action suits

A lawsuit where one or more individuals sues a defendant on behalf of a large group who suffered from the same party.

Importance of environmental audits

To assess the nature and extent of the risk to harm human health or the environment.

Toxic Tort Defenses

Estoppel, Laches, Res Judicata.

Prima Facie

The claim being presented to a court has merit when it is taken at face value.

NIMBY

Not in my back yard.

LULU

Locally unwanted Land use.

Banana

Build absolutely nothing anywhere near anyone.

Nimo

Not in my ocean.

Proof of complex causation

Proximate causation is influenced specifically by the degree of remoteness enjoyed.

A permit defense infers what

Compliance to permit specifications that due care was exercised.

Decrees require

Monitoring and reporting to the courts.

Statutory law

The administrative procedures act and agency rulemaking (establishing regulations).

What is found in section 553

Arbitrary and capricious decision making, rulemaking, or establishing regulations.

What regulations are included in selection 553

Informal, Hybrid, Formal rulemaking.

How many types of of agency administrative remedies are there

Six.

What are the six types of agency administrative remedies that make sure the regulated domain remains compliant

Notice letters (notice of violation - NOV) (Notice of deficiency - NOD), Consent Decrees or agreements, Modification Or revocation of permits, Administrative Fines, Injunctions, Administrative Orders.

Administrative Law Judges (ALJ’s)

Cases include enforcement, penalty, and sanction cases, entitlement and benefit cases and regulatory ratemaking, and licensing cases.

The freedom of information act is also known as

The Moss ACT - FOIA (Section 522).

Know three public disclosure laws

FOIA, National environmental policy act of 1969 - NEPA, The Endangered Species Act of 1973 - ESA.

Government in sunshine act

Open meetings act.

Need for agency codification of rules and regulations are

“loosely applied on a case-by case basis”.

Overton Park v. Volpe

Was found that the Secretary of transportation’s decision to allow a highway through the park was not adequately justified.