Chapter 25 - Environmental Law

What are the Common Law environmental claims we talked about in class? 

Nuisance Tort - Private or Public

If the use of property unreasonable interferes with other’s rights to use or enjoy their own property. 

Explain the 4 ways the federal government regulats environmental law. 

1. EPA 

2. Other environmental agencies

3. Major environmental statutes

4. Environmental impact statements

What is an environmental impact statement?

• Any major federal action that affects the environment must take environmental factors into account and have to be ready to issue a statement and answer questions.

• A major federal action is one that requires a substancial commitment of government resources

What are considered the two sources of Air Pollution?

1. Mobile sources - anything moving with emissions

2. Stationary sources - factories or plants

Explain the Clean Air Act punishments.

1. violations include civil penalties of up to $25,000 per day

2. $5,000 per day for failure to maintain proper records

3. Criminal penalties include fines and jail

4. Private citizens can sue to enforce an act and earn up to $10,000 for reporting violations.

What are the 4 water pollution Acts

1. Clean Water Act

2. Safe Drinking Water Act

3. Ocean Dumping Act

4. Oil Pollution Act

Explain the Clean Water Act. 

• limits discharges of pollutants into water used for navigation recreation or swimming

• similar fines and penalties to the clean air act

Explain Safe Drinking Water Act.

• empowers the EPA to set a max level for pollutants in the public water system

• Suppliers of drinking water must send a statement to households:

  • levels of contaminants

  • possible health concerns

  • source of water

• Flint Michigan Example

Explain Ocean Dumping Act.

Regulates the transportation and dumping of pollutants into the ocean. 

Explain the Oil Pollution Act.

Creates liability for damages to natural resourced, private property, and local economies caused by the discharge of oil into navigable water or onto and adjoining shore. 

What does CERCLA stand for? what is another name for it?

Comprehensive Environmental Response, Compensation, and Liability Act

Also called Superfund. 

Explain Superfund and the 4 responsible parties. 

Superfund provides that when a release or a potential release of hazardous chemicals from a site occurs, the following persons may be held responsible for cleaning up the site:

1. The person who generated the wastes disposed of at the site.

2. The person who transported the wastes to the site.

3. The person who owned or operated the site at the time of the disposal.

4. The current owner or operator.