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ENVIRONMENTAL PROTECTION AND GLOBAL WARMING

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CHAPTER 45 CHAPTER 45

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Environmental Protection Agency

• Created in 1970 to coordinate implementation and enforcement of federal environmental laws.– Broad rule-making powers– Adjudicative powers

• EPA can initiate judicial proceedings against suspected violators of federal environmental laws.

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National Environmental Policy Act

• Mandates that federal government must consider the adverse impact a federal government action would have on the environment before the action is implemented.– E.g., when new highway planned, or

government considering licensing a nuclear power plant.

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Environmental Impact Statement

• Must be prepared for all federal action that significantly affects the quality of the human environment.

• To provide information about the environment so that government can determine feasibility of the project.

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Environmental Impact Statement (continued)

• EIS must:– Describe affected environment.– Describe impact of project.– Identify and discuss alternatives.– List resources to be committed.– Contain cost-benefit analysis.

• Subject to public review and comments.• EPA decisions appealable to appropriate U.S.

court of appeals.

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Clean Air Act

– First enacted in 1963 to assist states in dealing with air problems.

– Amended in 1970, 1977, 1990.

– Provides comprehensive regulation of air quality in the United States.

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Pollution Sources

Stationary Sources Stationary Sources of Air Pollutionof Air Pollution

Mobile Sources of Mobile Sources of Air PollutionAir Pollution

Nonattainment Nonattainment AreasAreas

Toxic Air PollutantsToxic Air Pollutants

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Sources of Air Pollution

• Stationary sources– E.g., industrial plants, oil refineries, public

utilities.– States must identify major sources and

develop plans to reduce pollution.• Mobile sources

– Automobiles, airplanes, and other vehicles.– CAA sets emission standards, requires air

pollution controls on vehicles.

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National Ambient Air Quality Standards

• EPA sets standards for certain pollutants.– E.g., carbon monoxide, lead, particulates.

• Standards set at two levels:– Primary – to protect human beings.– Secondary – to protect vegetation, matter,

climate, visibility, and economic values.• States responsible for enforcement.

– Prepare state implementation plans.– Federal EPA monitors compliance.

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Nonattainment Areas

• Regions that do not meet air quality standards.– Five categories, ranging from marginal to

extreme.

• States must submit compliance plans.– Failure to develop and implement approved

plan will cause loss of highway funds and limitations on new sources of emissions.

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Clean Water Act

• First enacted in1948, amended several times.

• Provides comprehensive regulation of water quality.– Drinking water sources.– Recreational sources.– Agricultural and industrial uses.– Protection of fish and wildlife.

• Primarily enforced by states.

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Point Sources of Water Pollution

• Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants.

• Dischargers must obtain permits, keep records, maintain monitoring equipment, and keep samples of discharge.

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Thermal Pollution

• CWA prohibits heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content.

• Regulation of electric utility companies, manufacturing facilities to prevent.

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Wetlands

• Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions.– E.g., swamps, marshes.

• CWA forbids filling or dredging of wetlands or navigable waters without permit from Army Corps of Engineers.

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Safe Drinking Water Act

• Authorizes the EPA to establish national primary drinking water standards.

• Prohibits the dumping of wastes into wells used for drinking water.

• States primarily responsible for enforcing the act.

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Ocean Protection

• Marine Protection, Research, and Sanctuaries Act – Extended environmental protection to the

oceans.– Requires a permit for dumping wastes and

other foreign materials into ocean waters.– Establishes marine sanctuaries in ocean

waters and in the Great Lakes and their connecting waters.

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Oil Spills

• Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans.

• CWA authorizes the U.S. government to clean up oil spills and spills of other hazardous substances in ocean waters.– Government can recover cleanup costs from

responsible parties.

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Toxic Substances

• Chemicals used for agricultural, industrial, and mining that cause injury to humans, birds, animals, fish, and vegetation.

• Key federal laws:– Insecticide, Fungicide, and Rodenticide Act

(FIFRA)– Toxic Substances Control Act (TSCA)

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Toxic Substances Control Act

• EPA identifies toxic pollutants.

– E.g., mercury, benzene.

• EPA sets standards for these chemicals

without regard to economic or technological

feasibility.

• EPA requires stationary sources to control

emissions, manufacturers to test new

chemicals; may limit manufacture or sale.

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Insecticides, Fungicides, and Rodenticides

• Products must registered with EPA before being sold.

• EPA may deny, suspend, or cancel registration.– E.g., DDT.

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Resource Conservation and Recovery Act (RCRA)

• Regulates hazardous waste: solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed.

• Regulates facilities that generate, treat, store, transport, and dispose of hazardous wastes.

• States have primary responsibility for implementing standards established by the Act.

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Superfund

• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

• Administered by EPA.

• Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned.

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Superfund (continued)

• EPA identifies sites where hazardous wastes have been disposed, stored, abandoned, or spilled, and ranks these sites regarding the severity of risk.

• Sites remediated using money from responsible parties or money from Superfund.– Generator, transporter, former or current

owner of site may be held liable.– Responsible parties liable without regard to

fault.

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Radiation Pollution

• Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment.

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Radiation Pollution (continued)

• EPA empowered to set standards for radioactivity in the environment and to regulate the disposal of radioactive waste.

• Regulates thermal pollution from nuclear power plants.

• Regulates emissions from uranium mines and mills.

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Nuclear Regulatory Commission

– Licenses the construction and opening of commercial nuclear power plants.

– Continually monitors the operation of nuclear power plants and may close a plant if safety violations are found.

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Global Warming

• Kyoto Protocol signed by 178 countries in 2001.– U.S. did not sign.

• Calls for reduction of greenhouse gases to 5.2% below 1990 levels by 2012.

• Creates fund to help developing countries adopt technologies to reduce greenhouse gases.

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Endangered Species Act

– Secretary of the Interior is empowered to declare a form of wildlife endangered or threatened.

– Act requires EPA and the Department of Commerce to designate critical habitats for each endangered and threatened species.

– Act prohibits the taking of any endangered species.

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Federal Wildlife Laws

• Migratory Bird Treaty Act• Bald Eagle Protection Act• Wild Free-Roaming Horses and Burros Act• Marine Mammal Protection Act• Migratory Bird Conservation Act• Fishery Conservation and Management Act• Fish and Wildlife Coordination Act• National Wildlife Refuge System

• Migratory Bird Treaty Act• Bald Eagle Protection Act• Wild Free-Roaming Horses and Burros Act• Marine Mammal Protection Act• Migratory Bird Conservation Act• Fishery Conservation and Management Act• Fish and Wildlife Coordination Act• National Wildlife Refuge System

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State Environmental Protection Laws

• Many state and local governments have enacted statutes and ordinances to protect the environment.– E.g., Florida laws to protect Everglades.

• States are entitled to set pollution standards that are stricter than federal requirements.