Environmental Law Final

What must a Plaintiff demonstrate to have standing?

An injury in fact that is concrete or imminent, fairly traceable to the defendant's action, and likely to be redressed by a favorable decision.

Who appoints federal agency heads?

The President with the advice and consent of the Senate.

What are arbitration and mediation?

Two lawful alternatives to litigation.

True or False: The Environmental Protection Agency has numerous bureaus including the National Park Service and the US Fish & Wildlife Service.

False.

True or False: For a bill to become a law in the US, identical bill language must pass both the House of Representatives and the Senate.

True.

True or False: Bills passed by Congress and signed by the President become statutes found in the U.S. Code; the Clean Water Act is an example.

True.

What must a court have to render a binding decision in a case?

Subject matter jurisdiction.

What is the source of authority for most environmental laws?

The Commerce Clause.

True or False: The Legislative Branch can limit an agency's power by amending its enabling legislation.

True.

True or False: The burden of proof in a civil case is a preponderance of the evidence, while in a criminal case it is beyond a reasonable doubt.

True.

True or False: The US Supreme Court is made up of 15 justices.

False, there are 9

Who has the authority to establish and maintain schools?

Only state governments have this authority.

What are federal agencies required to do in the informal rule-making process?

Propose regulation in the federal register and give the public an opportunity to comment.

True or False: One common criticism of the U.S. adversary system is that it unfairly benefits the wealthier party.

True.

True or False: Judicial precedent from federal district courts is binding on all courts, including the United States Supreme Court.

False.

True or False: Venue refers to whether a case is civil or criminal in nature.

False.

True or False: Under the U.S. Constitution, every citizen has the right to a clean environment.

False.

What authority do federal agencies have?

To promulgate regulations, investigate for violations, and issue permits.

Who makes most of the environmental laws?

Congress

How must changes to environmental laws occur?

Through the legislative process

What are examples of environmental laws?

Clean Water Act, Clean Air Act

What is lobbying used for in the legislative process?

To influence the developing statute

Who typically outspends environmentalists in lobbying?

Industry

What is the role of judicial branch in environmental law?

Makes case law by interpreting legislative intent and constitutionality

What is common law?

Law made by judges when no specific statute exists

What are precedents?

Decisions made by judges that guide future cases

What does 'stare decisis' mean?

Let the decision stand

What authority does the executive branch have regarding law?

Direct authority to make law through treaties, executive orders, etc.

What is the Public Trust Doctrine?

A principle embedded in American law dating back to the Romans

What is case law?

How laws are interpreted and enforced.

What system is used for litigation in the USA?

The adversarial system.

What role does a judge play in the adversarial system?

A neutral, legally trained factfinder who determines a resolution.

What is a major advantage of the adversarial system?

It encourages aggressive evidence gathering and thorough examination of evidence.

What is a criticism of the adversarial system?

Each side tends to find only evidence favorable to its position.

What is the meaning of 'jurisdiction' in a court context?

The authority to hear a case.

What is subject matter jurisdiction?

The authority of federal courts to hear specific types of cases, such as federal crimes and claims against the federal government.

What is 'venue' in legal terms?

The geographic location where a case can be tried.

What does 'standing' refer to in a lawsuit?

The legal right to bring a lawsuit based on being personally impacted by the outcome.

What is meant by 'case or controversy'?

There must be an actual legal dispute between parties.

What does it mean for a case to be 'ripe'?

There must be a present controversy needing a decision.

What is arbitration?

Resolution of a dispute by a neutral third party outside the judicial setting, resulting in a legally binding decision.

What is mediation?

A facilitator helps parties discuss issues, but does not make a binding decision.

What is the role of administrative agencies?

They create regulations, adjudicate cases, and investigate for violations.

What is the Administrative Procedure Act?

It governs the processes by which federal administrative agencies propose and establish regulations.

What does the Freedom of Information Act allow?

It allows anyone to request access to government documents, with some exceptions.

What is the Government in Sunshine Act?

It mandates that federal meetings be open to the public.

What is the Federal Tort Claims Act?

It allows individuals to sue the US for torts committed by federal employees within the scope of their employment.

What is informal rulemaking?

The most common type of rulemaking, which involves notice and comment.

What are the pros of rulemaking?

It addresses complex issues requiring expertise and involves a public process.

What are the cons of rulemaking?

It can be too complex, not accessible enough, and rules may change with administrations.

What distinguishes laws from regulations?

Laws originate from Congress, while regulations are created by administrative agencies.

Name an important federal agency that makes environmental rules.

Environmental Protection Agency (EPA).

What is the role of the US Department of the Interior?

It oversees agencies like the Bureau of Land Management and National Park Service.

What is the purpose of the Institute for Environmental Conflict Resolution?

To promote mediation as an alternative to trial.

What is environmental law?

Legislation and policy aimed at restoring, preserving, and protecting natural systems working through the atmosphere, hydrosphere, and lithosphere.

What is the Tragedy of the Commons?

A concept introduced by Garrett Hardin in 1968, stating that individuals acting in their own self-interest will deplete shared natural resources.

What is the Free-Rider Problem?

The issue where individuals benefit from resources like clean air and water without contributing to their cost, leading to environmental pollution.

How does pollution relate to economic externalities?

Pollution is a negative externality that market forces cannot account for, impacting those who live near production sites rather than consumers.

What is the role of government in pollution control?

Government intervenes to ensure that suppliers incorporate the costs of environmentally responsible practices into their pricing.

What is the Command and Control Strategy?

A regulatory approach that sets specific regulations and demands compliance through fines for violations.

What are pollution taxes?

Taxes imposed on emissions to incentivize companies to reduce pollution.

What is Environmental Justice?

The fair treatment of all people regarding environmental laws and policies, often focusing on overburdened communities.

What does NIMBY stand for?

Not In My Backyard; a term describing opposition to local environmental projects.

What was the significance of the 1960s-70s environmentalist movement?

It led to the passage of 27 environmental laws in the US, influenced by events like 'Silent Spring' and the Love Canal incident.

What is the purpose of subsidies in environmental policy?

To provide financial incentives for environmentally friendly practices, such as tax credits for solar panels and electric vehicles.

What are 'Bottle Bills'?

State laws that require deposits on recyclable containers, returned when the containers are recycled.

How has consumer demand influenced environmental policy?

Increasing demand for electric vehicles, energy-efficient products, and organic goods has driven market changes.

What are common law environmental remedies?

Legal actions that can be taken against polluters, including nuisance, trespass, negligence, and strict liability.

Can lawsuits effectively stop pollution?

While courts may award damages, they often do not prevent ongoing polluting activities, as companies may just pay fines.

What is ecological perspective in environmental ethics?

A viewpoint that values biodiversity and ecosystem services, sometimes advocating for the rights of non-human life.

What is the significance of the Inflation Reduction Act in environmental policy?

It includes subsidies and incentives aimed at promoting renewable energy and reducing emissions.

What is the role of the EPA in product endorsement?

The EPA sets criteria for products like EnergyStar, allowing manufacturers to qualify for market advantages.

What are the cumulative impacts in environmental assessments?

Consideration of the combined effects of multiple projects on overburdened communities during federal project evaluations.

What is the impact of market forces on environmental regulations since the 1990s?

There has been a shift towards voluntary compliance and market-driven solutions in environmental policy.

Is it illegal to discharge pollutants into waters of the United States under the NPDES program?

False

What does TMDL refer to under the Clean Water Act?

It refers to the amount of a specific pollutant that a waterbody can receive and still meet Water Quality Standards.

Is a TMDL required for all waters on a state's 303(d) list?

True

Who approves or disapproves TMDLs under the Clean Water Act?

EPA

What is the Clean Water Act found?

At 33 U.S.C. 1251, et seq.

Can states apply to EPA for 'primacy' under the Safe Drinking Water Act?

No

What does the Safe Drinking Water Act authorize EPA to do?

Set standards to protect against contaminants in drinking water.

What are common sources of water pollution?

Stormwater runoff, malfunctioning sewage treatment plants, runoff from Confined Animal Feed Operations, and wastewater from hydraulic fracking.

What do Corporate Average Fuel Economy (CAFE) standards refer to?

How far vehicles must travel on a gallon of fuel.

Did the United States Supreme Court reject EPA's 'endangerment finding' in 2009?

False

Do states have the option of developing State Implementation Plans under the Clean Air Act?

False

How often must NAAQS be reviewed under the Clean Air Act?

Every five years.

What are primary standards under the Clean Air Act?

Required for each criteria pollutant and necessary to protect health.

Do NAAQS set national standards for indoor air quality?

False

What did Congress envision when passing the Clean Air Act Amendments of 1970?

The federal government having exclusive jurisdiction for administering clean air programs.

What were the original six criteria pollutants in the Clean Air Act?

Carbon monoxide, ground level ozone, particulates, and lead.

Did the Clean Air Act of 1963 authorize the Environmental Protection Agency?

False

What are the major sources of air pollution?

Mobile sources, stationary sources, indirect sources, and natural sources.

Are taxes and subsidies used to prevent pollution?

False

What are some reasons supporting regulation to protect the environment?

The 'Tragedy of the Commons,' the 'Free-Rider' problem, and pollution as an economic externality.

Did modern day environmental regulation in the United States develop in the early 1900s?

False

Who appoints federal agency heads?

The President with the advice and consent of the Senate.

What are arbitration and mediation?

Two lawful alternatives to litigation.

Does the Environmental Protection Agency include the National Park Service?

False.

What must happen for a bill to become a law in the US?

Identical bill language must pass both the House of Representatives and the Senate, and the signature of the president

What happens to bills passed by Congress and signed by the President?

They become statutes, which can be found in the U.S. Code.