Environmental Law final

1990 Lacey Act

regulated interstate transfer of wildlife

1966 Endangered Species Preservation Act

authorized listing of 77 species (most vertebrates), authorized land acquisition

1969 Endangered Species Conservation Act

expanded list of endangered species, required measures to enlist international agreement

1973 Endangered Species Act

allows protection for all species, protects habitats as well as species, gives joint authority to Fish and Wildlife Service and NOAA-Fisheries

Section 4 of Endangered Species Act

listing, critical habitat designation, recovery, monitoring

section 7 of Endangered Species Act

the role of federal agencies

section 9 of Endangered Species Act

unlawful activities

section 10 Endangered Species Act

exceptions, including permits

Endangered definition (section 3)

any species in danger of extinction throughout all of a significant portion of range

Threatened definition (section 3)

any species likely to become endangered in the foreseeable future

Critical Habitat definition (section 3)

specific geological areas

how are species identified for possible designation as “endangered” or “threatened”

citizens may “petition” the Fish and Wildlife Service (southern California mountain yellow-legged frog), or Fish and Wildlife Service may identify species through internal studies and discussion with States, academia, and other experts in the scientific community

Since the Endangered Species Act

• only 56 species have been removed from the list

• 28 deleted because of recovery of species

• 10 deleted due to probable extinction

• 18 other

• 25 down listed from endangered to threatened

Candidate species definition

species that warrant listing but are precluded by higher workload priorities are placed on a candidate species act (northern sea otter)

what did the Endangered Species Act Now! do

• defined endangered and threatened

• made plants and all inverts eligible for protection

• applied broad “take” prohibitions to all endangered animal species and allowed the prohibitions to apply to threatened animal species by special regulations

• provided funding authority for land acquisition for foreign species

what are the 5 factors considered in determining whether a species is endangered or threatened

1. present or threatened destruction, modification, or curtailment of the species range or habitat

2. over-use for commercial, recreational, scientific, or educational purposes

3. disease or predation

4. inadequacy of existing regulatory mechanisms

5. other natural or man-made factors affecting the continued existence of the species

what is the listing process for endangered or threatened species

• use best available scientific and commercial information

• use peer-review to ensure sound science and sound decision-making

• publish Federal Register notice of a proposal to list species as endangered or threatened

  • respond to public comment, and complete a final rule within on year

how to determine a critical habitat

• use best scientific data to identify areas essential to the conservation of a species and may require special management consideration or protection

• economic impact analysis required, and areas may be excluded from protection based on analysis

• publish Federal Register notice and seek public comment on proposal to designate critical habitiat

• designation does not create park or preserve

goals of recovery for endangered or threatened species

• reduce or eliminate threats to listed animals and plants

• restore self-sustaining wild populations

• remove species from list

(whooping crane recovering species)

Recovery plans for endangered and threatened species

• develop with stakeholders

• identify recovery strategy

• identify tasks and partners

• establish delisting/dowlisting criteria

• provide timetable and cost estimate

• may address multiple species

who are the primary recovery partners under the Endangered Species Act

states and private landowners, the Fish and Wildlife Service assists through grants and other incentives

how long are recovered species monitored

5 years

what do consultations require federal agencies to do

• conduct programs to conserve endangered and threatened species

• ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species or adversely modify critical habitat

what are informal consultations

• optional process to assist agencies in evaluating potential effects on species and habitat

• Fish and Wildlife Service recommends modifications necessary to avoid adverse effects

• if necessary modifications are made, no further consultation required

what are formal consultations

• relies on more detailed descriptions and other relevant studies, proposal reports, etc.

• up to 9- days of consultation, followed by 45 days to produce a
  “biological opinion”

when not likely to jeopardize, biological opinion includes

• incidental take statement estimating amount of take that may occur incidental to the action

• reasonable and prudent measures to minimize take

likely to jeopardize, biological opinions includes

reasonable and prudent alternatives that avoid jeopardy or adverse modifications

• consistent with intended purpose of action

• within authority of Federal agency

• technologically and economically feasible

compliance allows project to continue

how are plants protected under the Endangered Species Act

listed plants are protected from commercial trade, collection, or malicious destruction on Federal lands, and similar actions that violate State law

what does take include under the Endangered Species Act

harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in these activities

• harm includes habitat destruction that kills or injures listed species

Safe Harbor agreement

landowner: take actions to benefit listed species on their land

Fish and Wildlife Service: assures no additional restrictions will be imposed as species populations improve

Candidate Conservation Agreements with Assurances

landowner: take actions to benefit candidate or other non-listed species on their land

Fish and Wildlife Services: assure no additional restrictions will be imposed if species is later listed

Habitat Conservation Plans

tools for conserving listed, proposed, and candidate species will providing for development that will not “appreciably reduce the likelihood of the survival and recovery of the species in the wild”

what is the purpose of Candidate Conservation agreements

• identify threats to candidate species

• develop measures to conserve species

• identify willing landowners and develop agreements

• implement conservation measures and monitor effectiveness

Conservation Bank agreements definition

voluntary agreement with a landowner that provides an economically effective process to offset adverse impact to listed species

• habitat for listed species is treated as a benefit rather than a liability

• simplifies regulatory compliance process

• reduces “piecemeal” approach to conservation efforts

Air pollution Act of 1955

• funding for research

• surgeon general

Motor Vehicle Act of 1960

• additional money for research

  • 60& of air pollutants from vehicles —> CO, NOx, hydrocarbons

Clean Air Act of 1963

• no mandates for reductions

• four key features

  • SG to investigate

  • additional research funding

  • establish air quality criteria secretary of HEW

  • federal abatement

key regulated pollutants of the CAA

CO— Carbon Monoxide

• 60% natural

• vehicle exhaust

• slight industrial

Pb—Lead

• added in 1976

• “unleaded” gasoline

NOx—Nitrogen oxides

• 50% from motor vehicles

• 50% decomposing organic matter

• decrease of 15% in USA over past 20 years

SO2—Sulfur dioxide

• utility plants, refineries, chemical plants

• volcanic eruptions

• burning of high/low sulfur coal

O3—Ozone

• NOx reacts with Oxygen

• primary ingredient in “smog”

PM10 — particulates (course)

PM 2.5 — particulates (fine)

• steel mills

• concrete

• diesel engines

• quarries

Motor Vehicle Air Pollution Control Act of 1965

• establish “standards” for new motor vehicles

• HEW Secretary to designate “atmospheric regions”

1967 Air Quality Act

• amendments to the CAA

• comprehensive strategy for pollution control

• establish 10 “regions”

• establish air standards by region

• adoption and achievement of “ambient air quality standards” by most states

National Ambient Air Quality Standards (1970)

• under direction of the EPA administrator

• state implementation plans (SIP)

initially

• CO, SO2, NO2, O3, hydrocarbons, total suspended particulates

Revisited every five years

• adjust O3

• added CO2

• lead

• volatile organic compounds (VOC)

Air toxins under the CAA 1990 amendments

arsenic, asbestos, benzene, beryllium, coke oven emissions, mercury, radionuclides, vinyl chloride

stationary sources definition under CAA (NESHAP)

source of group of sources under common control that emit 10 tons/yr of any one pollutant of >25 tons/yr combination

area source definition

stationary but not a major source

risk and technology review of CAA

risk analysis

• is risk acceptable re: health info only?

• do standards provide ample margin of safety

stationary refrigeration and air conditioning under CAA

• protect ozone layer

• prohibit release of CFCs and HCFCs associated with refrigerants

• promote recycling, safe disposal

• prohibit venting during service, repairs or disposal of refrigeration equipment

Section 608 of CAA key points

• technician certification

• service requirements

• recovery and recycling

• leaks

• restricted sales

• recordkeeping

• safe disposal

motor vehicle air conditioning

• technician certification

• sale restrictions

• record keeping

• equipment certifications

• safe disposal

Abraham Lincoln environmental regulation

• department of agriculture

• land college grants

• Yosemite

Ulysses Grant environmental regulations

• Yellowstone

• 1872 Mining Act

Teddy Roosevelt environmental regulations

• Antiquities Act

• Arbor Day

• major supporter of wildlife

Woodrow Wilson environmental regulations

• National Parks Service

Warren Harding environmental regulations

• Teapot Dome Scandal

Richard Nixon environmental regulations

• Clean Air Act

• Clean Water Act

• Daylight savings time

• 55 mph speed limit

Jimmy Carter environmental regulations

• Energy #1 priority

• established Strategic Petroleum reserves

• Department of Energy

Ronald Reagan environmental regulations

• Declared “energy crisis” over

• environmental policy NOT a priority

  • Gutted EPA

• Executive order

  • requires cost/benefit analysis

• Attempted to abolish the Department of Energy

George H.W. Bush environmental regulations

• National Energy Strategy

• executive order

  • 20% reduction federal buildings by 2000

  • government fleets reduce 105 fuel consumption

• “no net loss” wetlands

Bill Clinton environmental regulations

• executive order

  • increase use of renewable fuels

  • reduction of energy consumption

  • increase use of solar energy

  • voluntary programs

• Cloud of impeachment

  • congress reduces funding

• Wanted to elevate EPA to Cabinet level

George W. Bush environmental regulations

• heavy reliance on industry experts

• reduce EPA enforcement actions

• increase reliance on fossil fuels

Barack Obama environmental regulations

• climate change

• renewable fuels

• global environmental strategy

• direct EPA to regulate CO2

Donald Trump environmental regulations

• increase use of fossil fuels

  • impediment to business development

  • approved new pipelines

  • approved off-shore drilling

  • approved drilling in some national parks

• remove USA from Paris Climate Accord

• decrease funding for green energy

Joe Biden environmental regulations

• Goal to protect 30% of US land and water

  • currently 12% land / 26% water

• goal of deploying 30 gigawatts of offshore wind by 2030

• recommitted US to Paris Climate Agreement

Carbon Pollution Standards

• reduce carbon pollutants from new and existing power plants

• state-based program

• June, 2014 Obama Administration launches steps to greatly reduce carbon