Ch 21 Environmental Law

Know the definition of public nuisance in a pollution case

Unreasonable interference with the community’s right to a reasonably clean and safe environment

Know the holding of the Georgia v. Tennessee Copper Company case

The polluting copper smelting operation could be shut down or enjoined from operating if it could not control its polluting output

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

Requires physical invasion of pollution

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

Duty (Someone had the duty not to pollute)

Breach

Actual Cause

Foreseeability of proximate cause

Damages

Know what the Whalen v. Union Bag & Paper Co. court said about weighing the plaintiff’s small damages against the defendant’s large costs

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

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

1. Enforceable emission limits

2. Schedules and timetables for compliance

3. Measures for monitoring air quality and emissions from pollution sources

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

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

More restrictive standards and regulations for new construction

Know 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

Know what the court decided in Sierra Club v. EPA Regarding the plaintiff’s standing

Sierra club has standing to sue because some of its members were affected by haze in the national parks

Know the factors that reduce punishment for corporate polluters

Cooperate with the government in investigations

Know the objective of the Clean Water Act

Restore and maintain the integrity of the navigable waters of the U.S

Know what waters are considered to be under federal jurisdiction from the Clean Water Act (You will get a fact pattern about run off that goes into a gully. You have to decide if the EPA has jurisdiction under the Clean Water Act).

Navigable Waters

Know the holding of Decker v. Northwest Environmental Defense Center

EPA’s interpretation 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, you must offer other land to become wetland

Know the holding of the Lost Tree Village Corp. v. U.S. case

There was a taking because more than 99% of the value of the land was lost

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

Parties may be held strictly and jointly and severally liable for these costs

Superfund

Know the holding of Sierra Club v. United States DOI

Court held United States DOI was reasonable in their actions

Know the holding of Massachusetts v. Environmental Protection Agency regarding the EPA’s ability to regulate greenhouse gases

Since the EPA is given the responsibility under the Clean Air Act, they can regulate anything that goes into the air including greenhouse gases