Nuisance.Nuisance.Person liable if they use their

property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property.

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Negligence and Strict Liability.Negligence and Strict Liability.Business or person’s failure to use

reasonable care toward a party whose injury was foreseeable and caused by the lack of reasonable care.

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All levels of government All levels of government regulate some aspect of the regulate some aspect of the environment.environment.

State and Local Regulations.State and Local Regulations.Local Zoning Laws. Local Growth and Development

Plans.

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Federal Regulation.Federal Regulation.Environmental Regulatory

Agencies: primary federal agency is the EPA. All federal agencies must take the environmental impact into account when making significant decisions.

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Federal Regulation.Federal Regulation.Environmental Impact Statements.

An EIS must analyze: The impact of the proposed action on the environment.

Any adverse effects of the action and alternatives to the action.

Any irreversible effects the action might generate.

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Mobile Sources.Mobile Sources.2009 Obama administration long-

term goals of reducing emissions. Stationary Sources.Stationary Sources.

Listing of Hazardous Air Pollutants.CASE 25.1 State of New Jersey v. EPA (2008). Why was the EPA ordered to delist mercury?

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Stationary Sources.Stationary Sources.Air Pollution Control Standards.

Violations of the Clean Air Act.Violations of the Clean Air Act.Civil penalties up to $25,000/day.Intentional violations may involve

criminal penalties.

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Clean Water ActClean Water Act goals are: goals are: safe swimming, protection of fish safe swimming, protection of fish and wildlife, elimination of the and wildlife, elimination of the discharge of pollutants into discharge of pollutants into waterways.waterways.Focus on Point-Source Emissions:

municipal, industrial, and agricultural sources must have a permit.

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Clean Water Act (cont’d). Clean Water Act (cont’d). Standards for Equipment: ‘best

available control technology’ (BACT). EPA must weigh cost of BACT with benefits. CASE 25.2 Entergy Corp. v. Riverkeeper, Inc. (2009). Why was the cost-benefit analysis permitted by the EPA?

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Clean Water Act (cont’d). Clean Water Act (cont’d). Wetlands. CWA prohibits filling or

dredging of wetlands unless a permit is issued. CASE 25.3 United States v. Lucas (2008). Did the court abuse its discretion in this case?

Violations of the Clean Water Act.

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Drinking Water: Drinking Water: EPA sets EPA sets maximum level for pollutants.maximum level for pollutants.

Ocean Dumping. Ocean Dumping. Oil Pollution.Oil Pollution.

See the 2010 British Petroleum Gulf Oil Spill. http://en.wikipedia.org/wiki/Deepwater_Horizon_oil_spill

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Pesticides and Herbicides. Pesticides and Herbicides. Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) : regulates the use of pest control chemicals in the process of food growth to food packaging, to minimize their presence in foods consumed.

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Toxic Substances Control Act:Toxic Substances Control Act:Requires anyone planning to use

chemicals first determine their effect on human health and environment.

EPA can require special labeling, limit use of substance, set production quotas, or prohibit the use of a substance altogether.

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Resource Conservation and Resource Conservation and Recovery Act.Recovery Act.Authorizes the EPA to issue

regulations for the monitoring, transporting, storage, treatment, and disposal of hazardous substances.

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SUPERFUND - CERCLA.SUPERFUND - CERCLA.Designed to ensure the clean-up

of hazardous waste sites and to assign liability for the costs of the cleanup operations.

Potentially Responsible Parties: (1) the person who generated the wastes disposed of at the site,

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SUPERFUND - CERCLA.SUPERFUND - CERCLA.Potentially Responsible Parties:

(2) the person who transported the wastes to the site,

(3) the person who owned or operated the site at the time of the disposal, or

(4) the current owner or operator. Joint and Several Liability.

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SUPERFUND - CERCLA.SUPERFUND - CERCLA.Minimizing Liability. Defenses: innocent landowner

defense which requires no knowledge of contamination at the time of sale, and that she took all appropriate investigation.

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