Environmental Law Final Exam

Supremacy Clause

Federal law overpowers conflicting state law; states cannot create weaker regulations but may create stricter regs

Standing

The requirement a person/group must show to bring a lawsuit; requires injury in fact (concrete and actual or imminent), causation (traceable to defendant), and redressability (favorable court decision would likely remedy the injury)

Citizen suits

Lawsuits filed by private citizens or groups to enforce environmental laws when government agencies fail to do so

Agency authority

The power Congress delegates to administrative agencies to implement, interpret, and enforce environmental statutes. Agencies may act only within the limits set by the statute (statutory mandate)

Agency deference

The principle that federal courts defer to agency’s “reasonable” interpretation of ambiguous statutes, giving agencies significant power in shaping regulations (overturned in June 2024)

Arbitrary & capricious

Legal terminology to describe an agency’s decisions as unreasonable, irrational, or lacks a logical basis, resulting in courts overturning such actions under Administrative Procedure Act (APA)

CWA

Federal statute regulating discharges of pollutants into WOTUS

Water Quality Standards

State-set standards defining acceptable pollution levels for specific water bodies

NPDES Permits

National Pollutant Discharge Elimination System; Permits required for point source discharges into navigable waters

TMDL

Total Maximum Daily Load; maximum pollutant amount a water body can receive and still meet standards from all sources

WOTUS

“Waters of the United States”; defines CWA jurisdiction

Section 404 Permits

Permits for dredge and fill activities in wetlands and waters; primary protection for wetlands; No dredge or fill material may be placed in wetlands if a practicable less damaging alternative exists OR if waterways would be degraded

Point Source & Nonpoint Source

Point Source- Distinct transportation that discharges pollution (ie. pipe, ditch)

Nonpoint Source- Runoff pollution

NEPA

National Environmental Policy Act; Procedural statute requiring agencies to consider environmental impacts of major federal actions

EA

Environmental Assessment; short analysis to determine whether an EIS is required

EIS

Environmental impact Statement; a detailed study required for major federal actions with significant environmental effects

FONSI

Finding of No Significant Impact; issued when an EIS is not required

Effective Advocacy

Using legal procedures (comments, litigation, standing) to influence environmental decision-making

Environmental Rights

The right to a clean environment

Environmental Justice

Ensuring environmental harms and benefits are not disproportionately carried by marginalized communities

CERCLA

AKA Superfund; Federal law governing cleanup of hazardous waste sites

PRPs

Potentially Responsible Parties; parties liable for contamination

Joint & Several liability

Any single PRP may be held responsible for the entire cleanup cost

Strict liability

Liability without proof of fault or intent

NPL

National Priorities List; sites eligible for Superfund cleanup

Love Canal

Foundational CERCLA case highlighting toxic waste contamination and community harm

Voluntary Cleanup

Programs allowing parties to clean contaminated sites without full CERCLA enforcement

ESA

Endangered Species Act; statute that protects endangered and threatened species and their habitats

Endangered v. Threatened

Endangered- species currently in danger of extinction

Threatened- species likely to become endangered in the foreseeable future

DPS

Distinct Population Segment; sub-population of a species eligible for separate listing

Delisting

Removal of a species from ESA protection

Definition of a “Take”

To harass, harm, kill, or significantly modify habitat of a listed species

Montreal Protocol

The first international environmental precautionary treaty; Binding agreement to phase out ozone-depleting substances (ODS) consumption and production using CFC reduction schedules. Successful b/c compliance was economically feasible and enforceable; top-down approach

Kyoto Protocol

First international binding agreement on climate change; weak enforcement and participation due to high costs; lacked strong incentives to join; top-down approach

Paris Agreement

Successor to Kyoto protocol with target to limit global warming to pre-industrial levels and cut GHG to 0 by 2050; High country participation due to bottom-up approach, allowing countries to set their own standards

TSCA

Toxic Substance Control Act; catch-all statute for toxic substances not regulated elsewhere, measure input and uses risk-benefit analysis

RCRA

Resource Conservation Recovery Act; regulates only hazardous and non-hazardous “solid” waste (includes solids, liquids, semisolids, or contained gaseous material). End of pipe regulation, uses health-based analysis

FIFRA

Federal Insecticide, Fungicide & Rodenticide Act; regulates pesticide residue and uses risk-benefit analysis