legal environmental business Ch. 10

nuisance

conduct that interferes with the use and enjoyment of others’ properties (such as bad smells and excessive noise)

injunctions

courts have the power to issue _______ against those who are causing the harm to land, individuals, communities, or the environment

prevent nuisance suits against farmers

statutes that provide some protections for farmers who become surrounded by urbanization and urbanites complaining about the smell and critters affiliated with cattle, hogs, chickens. and other barnyard beings

NIMBY (Not In My Back Yard)

this group challenges the placement of everything from power plants to refineries to cell phone towers to drones to wind power

BANANAs (Build Absolutely Nothing Anywhere Near Anything)

this group deals with the more generic issues of preventing urban sprawl and encouraging urban redevelopment

Data barns

internet service centers that are generally located in rural areas and have become increasingly important because of our reliance on cloud technology

those regulating air pollution, those regulating water pollution, and those regulating solid waste disposal on land

at federal level, most environmental laws can be placed in what three categories

clean air act

the federal law that controls air pollution (created the environmental protection agency; EPA)

environmental protection agency (EPA)

the federal agency responsible for enforcement of environmental laws, thereby curbing pollution and protecting the environment (enabled to mandate state implementation plans; SIPs)

state implementation plans (SIPs)

the plans adopted by the states to achieve the federally developed standards for air quality and environmental standards

nonattainment areas

the areas with existing, significant air quality problems (those with significant air quality problems, the so-called dirty areas)

prevention of significant deterioration (PSD) areas

the areas with existing air quality problems that are monitored to stop increased pollution (means to monitor these areas to be sure that approved business growth did not increase pollution)

emissions offset policy

a policy that requires a new plant to have the greatest possible emissions controls; to have it operations in compliance with standards; and whose emissions must be offset by reduction from other facilities in the area

bubble concept

an environment protection tool that examines all the air pollutants in the area as if they came from a single source, to check whether a new plant has a net effect on the air in the area (examines all the air pollution in the area as if they came from a single source)

clean power plan (CPP)

a climate change initiative that targeted emissions at power plants, would have reduced greenhouse gases but increased power prices by double digits in 40 states (was replaced with the Affordable Clean Energy Act plan; ACE)

The Cross-State Air Pollution Rule (the Transport Rule or CSAPR)

a rule promulgated to address downwind pollution from coal and gas fired plants (pollution that drifts from one state to another)

Rivers and Harbors Act of 1899

a law that prohibits the discharge of refuse that causes interference with navigation, into rivers and harbors

Water Quality Act

federal law that requires state to establish quality levels for the waters within their boundaries

Federal Water Pollution Control Administration (FWPCA)

a separate enforcement agency that sets the water quality standards on behalf of the states

federal water pollution control act of 1972

a federal law that regulated emissions in various water sources and implemented pollution control programs

swimmable and fishable waters by 1983 and zero discharge of pollutants of 1985

federal water pollution control act of 1972, congress set two goals

clean water act

a federal law that regulate emission in various water sources

effluent guidelines

the ranges of discharge into water, permitted per industrial group by the EPA

conventional

level of emissions controls that uses current best practices as a standard

nonconventional

pollutants that are neither conventional nor toxic (for example, chlorine and ammonia)

toxic pollutants

the toxins such as lead, mercury, and arsenic that, when released into the environment, cause adverse effects on health

conventional, nonconventional, and toxic pollutants

EPA three categories for pollutants

best conventional treatment (BCT)

the pretreatment of a conventional pollution by a plant, before its release into the environment

best available treatment (BAT)

the highest standard imposed by the EPA with regards to treating a pollutant

safe drinking water act

a federal law that required the EPA to establish national standards for contaminant levels in drinking water

oil pollution act

federal statute that imposes civil and criminal liabilities for oil spills

toxic substances control act

a federal law that authorizes the EPA to control or stop the manufacture, use, and disposal of toxic substances

resource conservation and recovery act of 1976

a law that controls the disposal of potentially harmful substances, and encourages resource conservation and recovery

comprehensive environmental response, compensation, and liability act

federal law providing funds and authority for hazardous waste site cleanups (authorized the president to issue funds for the cleanup of areas that were once disposal sites for hazardous wastes)

hazardous substance response trust fund

provides funding for cleanup sites containing hazardous wastes

superfund

the funds available for government use to clean up toxic waste sites

superfund amendment and reauthorization act

a law that authorizes the EPA to recover cleanup funds from the parties responsible for the release of hazardous substances (called as potentially responsible parties PRPs)

asset conservation, lender liability, and deposit insurance protection act

the law that provides a specific exclusion for lenders, from the CERCLA liability (has been called “secure lender exemption” from CERCLA liability)

phase I

this phase consist of a search to determine whether evidence of past or current environmental problems is present on the property

phase II

this phase consist of chemical analysis of soil, structures, and water from the property

phase III

this phase is the actual cleanup plan

national environmental policy act (NEPA)

a federal law that requires federal agencies to assess environmental issues before taking actions

environmental impact statement (EIS)

a report prepared by the federal agency on the study of the proposed action’s effect on the environment

surface mining and reclamation act of 1977

federal statute that required coal companies to restore land surfaces to their original conditions; it also prohibits surface coal mining without a permit

noise control act of 1972

a federal statute that protects landowners in flight paths, by authorizing the EPA and FAA (federal aviation administration) to control the amount of noise emission from low-flying aircraft

federal environmental pesticide control act

a law that controls the use of pesticides

occupational safety and health administration (OSHA)

the agency responsible for the promulgation and enforcement of workplace safety standards

asbestos hazard emergency response act (AHERA)

a law that requires inspection of all public and private schools to determine if their building have asbestos- containing materials

community-right-to-know substance

the substance such as asbestos, when sed in the construction of building, impose a duty on the building owner to disclose their presence to buyers, tenants, and employees

endangered species act (ESA)

a federal law that can curb an economic activity, if it presents harm to endangered species or their habitat

council on environment quality (CEQ)

a division of the executive branch of government that is responsible for formulating national policies on the quality of the environment