BSTAT 3310 Chapter 21

definition of public nuisance in a pollution case

an unreasonable interference with the community's right to a reasonably clean and safe environment

Georgia v. Tennessee Copper Company

the polluting copper smelting operation could be enjoined from operating if it could not control its pollution output immediately

what must be proven by the plaintiff to win a pollution trespass case

requires physical invasion of pollution

what must be proven by the plaintiff to win a pollution negligence case

duty not to pollute, a breach, actual cause, foreseeability or proximity case, and damages

Whalen v. Union Bag & Paper Co.

court noted that if courts refused to grant injunction when the damage to the plaintiff is slight compared with the defendant's expense of abating the condition it would deprive the poor litigant of his little property by giving it to those already rich

four things that must be a state implementation plan under the Clean Air Act

Enforceable emission limits

Schedules and timetables for compliance

Measures for monitoring air quality and emissions from pollution sources

Adequate funding, personnel, and authority for implementing and enforcing the SIP

what kind of standards and restrictions nonattainment areas have under the Clean Air Act

more restrictive standards for new construction

what happens when the EPA determines that a pollutant is a threat to public health or the environment

tighter control standards will be imposed without regard to other factors

Sierra Club v. EPA

When a party asserts a procedural injury, it enjoys a somewhat relaxed test as to whether compliance with the procedural requirement would lead to 'redress' of the party's substantive injury.

factors that reduce punishment for corporate polluters

Cooperate with the government in investigations

objective of the Clean Water Act

restore and maintain the integrity of the navigable waters in the U.S.

what waters are considered to be under federal jurisdiction from the Clean Water Act

navigable waters and any water that flows into them (runoff)

Decker v. Northwest Environmental Defense Center

the EPA interpretation of water pollution was reasonable so discharge permits were not to be imposed

If you want to change wetlands in anyway, what permit must you obtain?

Army Corp of Engineers Permit

To get a permit to dredge wetlands, what requirement must you meet?

if you dredge (fill up) wetlands, must offer other land to become wetland

Lost Tree Village Corp. v. U.S.

there was a takings because more than 99% of the value was lost

what CERCLA (the Superfund statute) says about the liability for potentially responsible parties

Joint and Several Liability

Sierra Club v. United States DOI

the FWS complied with the requirements to protect the endangered species so the Supreme court didn't get involved

Massachusetts v. Environmental Protection Agency

the EPA recognizes there is a causal connection between man-made greenhouse gases and global warming