Key Concepts in Environmental Law

primary goal of environmental law

To reduce environmental harm caused by overpopulation, pollution, and industrial expansion through federal, state, and local laws.

three common law actions in environmental law

Nuisance, Negligence, and Strict Liability.

private nuisance

When someone's use of their property unreasonably interferes with another's ability to use their own property.

public nuisance

A widespread issue affecting the general public, usually addressed by government action.

nuisance claims denial in court

If stopping the harm (e.g., shutting down a factory) causes greater hardship to the community than the harm to the individual.

plaintiff proof in private nuisance case

That they suffered a unique, personal harm not shared by the general public.

negligence difficulty in environmental cases

Plaintiffs must show the business failed to use reasonable care, which is often hard to establish.

strict liability in environmental law

For ultrahazardous activities, regardless of the level of care used.

state environmental regulations focus

Air and water pollution and waste disposal like plastics, glass, and paint.

local environmental regulations cover

Zoning laws, noise limits, land use, and billboard restrictions.

National Environmental Policy Act requirement

An Environmental Impact Statement (EIS) for federal projects that significantly affect the environment.

Environmental Impact Statement items

Project impact, adverse effects, alternatives, irreversible consequences.

EPA's role in environmental law

Sets standards, enforces environmental laws, prosecutes violators, and protects wetlands.

Clean Air Act purpose

To regulate stationary and mobile air pollution, including greenhouse gases and hazardous emissions.

Clean Water Act aim

Make water safe for swimming, protect wildlife, and limit pollutant discharge.

Safe Drinking Water Act

Law requiring the EPA to set pollution limits and inform the public about drinking water safety.

Ocean Dumping Act prohibition

Dumping radioactive, chemical, or biological warfare agents into ocean waters.

Insecticide, Fungicide, and Rodenticide Act requirement

Pesticides must be registered, labeled properly, and proven to be safe if used correctly.

Resource Conservation and Recovery Act purpose

To regulate hazardous waste disposal and labeling during transport.

Superfund (CERCLA)

A federal program for cleaning up hazardous waste sites and holding responsible parties liable.

liability under Superfund laws

Generators, transporters, past owners, and current owners of polluted sites.

Innocent Landowner Defense

A landowner is not liable if they bought the land after pollution occurred and had no reason to know, provided they did a proper investigation.