_Environmental_law_25

Chapter 25: Environmental Law

Introduction to Environmental Law

• Concern regarding environmental degradation has risen due to:

  • Population growth

  • Urbanization

  • Industrialization

• Environmental protection has costs, especially for businesses.

• There is a tension between increasing profits and the need to safeguard the environment.

Common Law Actions

Overview of Common Law Remedies

• Originated in England, addressing pollution such as dirt, smoke, and toxic substances.

• Today, individuals harmed by pollution utilize common law for damages and injunctions.

25-1a: Nuisance

• Nuisance Doctrine: Liability arises when property use unreasonably interferes with another's enjoyment of their property.

• Courts balance pollution harm against the costs of remediation.

• Example: A factory causing smoke may lead to monetary damages rather than shutting down if it's vital to the local economy.

• Private Nuisance: Requires proof of distinct harm beyond the general public's suffering.

• Public authorities may intervene for public nuisances.

25-1b: Negligence and Strict Liability

• Negligence: Claims arise from businesses failing to exercise reasonable care, leading to foreseeable injuries.

• Strict Liability: Applicable to ultra-hazardous activities; injuries do not require proving lack of care.

• Toxic torts: Lawsuits for personal injuries from hazardous substances (e.g., asbestos, radiation).

Federal, State, and Local Regulations

Overview of Governmental Regulation

• Environmental regulation is enforced at federal, state, and local levels.

25-2a: State and Local Regulations

• States have laws to protect the environment, regulating emissions and waste disposal.

• Local regulations include zoning laws and methods of waste disposal.

• Local governments can modify development plans to minimize environmental impact.

25-2b: Federal Regulations

• Major federal statutes aim to address air, water, and land pollution.

• The Environmental Protection Agency (EPA) plays a primary role in enforcement.

• Citizens can sue for enforcement when agencies fail, but must meet standing requirements.

Key Case: Friends of Animals v. Clay

• The case involves the U.S. Fish and Wildlife Service (FWS) issuing permits for taking migratory birds at JFK Airport due to safety risks.

• Legal challenge on whether FWS could issue emergency-take permits without defining specific species listed on the permit.

• Court ruling: The FWS's authority under regulatory provisions did not violate the law.

Major Federal Environmental Statutes

Exhibit 25-1: Environmental Statutes Summary

• Rivers and Harbors Appropriations Act: Prevents discharge of refuse in navigable waterways.

• Clean Air Act: Regulates air pollution from vehicles and industries.

• Clean Water Act: Regulates point-source discharges into waters.

• Endangered Species Act: Protects threatened species.

• Safe Drinking Water Act: Sets drinking water standards.

• Toxic Substances Control Act: Regulates hazardous chemical use.

• Superfund: Provides a framework for clean-up of hazardous waste sites.

Environmental Impact Statements (EIS)

• Required for federal actions significantly affecting the quality of the environment.

• Must analyze environmental impacts, alternatives, and irreversible effects.

Air Pollution Regulations

25-3: Overview

• Mobile Sources: Emission standards for vehicles are regularly updated.

• Stationary Sources: Mostly implemented by state and local governments.

  • Goals: Control hazardous air pollutants and set maximum permissible levels.

  • Violations can incur significant penalties.

Legal Case: United States v. O'Malley

• O'Malley was convicted under the Clean Air Act for improper asbestos handling without a license.

• The court upheld the definition and obligations under the Act, indicating ignorance of specific regulations is not a defense.

Water Pollution Control

Clean Water Act (CWA)

• Establishes a system for regulating discharges from point sources via the National Pollutant Discharge Elimination System (NPDES).

• Goals: Safe swimming, wildlife protection, and eliminating pollutant discharges.

Toxic Chemicals and Hazardous Waste Management

RCRA and CERCLA

• Resource Conservation and Recovery Act (RCRA): Regulates hazardous waste management.

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): Establishes the Superfund program for cleaning hazardous waste sites and identifies responsible parties.

Conclusion

• Ongoing litigation and updated regulations reflect the dynamic relationship between environmental protection, business interests, and public health.