are309 – fall 2005 · are 309 – class #2 – august 24, 2005 – lecture slides (as used during...

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ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to Environmental Law and Policy Reading Assignment for Class #2 Salzman & Thompson: Chapter 1 Course Assignments Check The Web Site • http://www.cals.ncsu.edu/course/are309 b/home.html News Analysis for Next Class (optional) – What is a Code Red Day and How Many (if any) Has Raleigh Had in 2005?

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Page 1: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 1

ARE309 – Fall 2005

Class #2 – August 24, 2005Introduction to Environmental Law and Policy

Reading Assignment for Class #2Salzman & Thompson: Chapter 1

Course Assignments

• Check The Web Site

• http://www.cals.ncsu.edu/course/are309b/home.html

• News Analysis for Next Class (optional)– What is a Code Red Day and How Many

(if any) Has Raleigh Had in 2005?

Page 2: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 2

What We Will Do Tonight

What We Will Do Tonight

• Reading Assignment Quiz #1• Introductions• News Analysis• The Law Behind The News• Salzman Chapter 1• Video?• Other Fun and Exciting Things

What We Will Do Tonight

Reading Assignment Quiz #1• Introductions• News Analysis• The Law Behind The News• Salzman Chapter 1• Video?• Other Fun and Exciting Things

Page 3: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 3

Reading Assignment Quiz

• Open Book

• Open Notes (Must be yours)

• Usually based on posted reviewquestions

• 5 minutes time limit

What We Will Do Tonight

• Reading Assignment Quiz #1Introductions

• News Analysis• The Law Behind The News• Salzman Chapter 1• Video?• Other Fun and Exciting Things

Who Are You ?

• Name• Previous Environmental or Law Courses• Your Major• Why Are You Taking This Course• Career Plans

– (When and if you ever graduate)• Number #1 Environmental Problem Today

Page 4: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 4

What We Will Do Tonight

• Reading Assignment Quiz #1• Introductions

News Analysis• The Law Behind The News• Salzman Chapter 1• Video?• Other Fun and Exciting Things

Remember

• Anything discussed in Class

• May be on a Quiz or Exam

Knowing The Code ?

Page 5: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 5

Optional News Analysisfor Class #2 (August 24, 2005)

• What Is a Code Red Day ?

• How many (if any) has Raleigh had in2005?

Page 6: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 6

What You Would Find

• The Clean Air Act requires states tomonitor levels of certain air pollutants.

• The NC Division of Air Quality'sAmbient Monitoring Section isresponsible for monitoring the air inmost of North Carolina.

Monitoring Results

AQI Codes

Page 7: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 7

Air Pollutant Of Concern ?

Page 8: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 8

Ozone Code Days - 2005

Ozone Code Days - 2005

Ozone Code Days - 1999

Page 9: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 9

Triangle Code Days

2005

1999

So What’s The Point ?

Know the facts

Look at the data.

Reach your ownconclusions

What We Will Do Tonight

• Reading Assignment Quiz #1• Introductions• News Analysis

The Law Behind The News• Salzman Chapter 1• Video?• Other Fun and Exciting Things

Page 10: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 10

In The News This Week

The News & ObserverMonday August 22, 2005

Page 3B

Public Notice of Wastewater Overflow

“Several failed electrical components were the cause of aspill discovered on Monday (August 15, 2005) at theTown of Cary's sanitary, sewer pump station located offHolly Brook Drive in southern Cary. At this time it isestimated that 94,579, gallons of untreated wasteescaped from a manhole, outside the pump station andreached an unnamed tributary of Middle Creek. Crewsresponded by cleaning the affected area with 369,000gallons of de-chlorinated water. About 212 small deadfish averaging 1-3 inches in length were also removedfrom the site.”

Page 11: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 11

North Carolina Legislation

• House Bill 1160

• Clean Water Act of 1999

• Effective October 1, 1999

• New Notice Requirements

HB 1160[NCGS § 143-215.1 C (c)]

• Owner or Operator• Permitted wastewater collection or

treatment works• Discharge• Of untreated waste• To surface waters of the State

Publish Notice

Page 12: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 12

HB 1160 Notice[1000 gallons or more]

• Issue press release

• To all print & electronic media

• In the county of discharge

• Within 48 hours

HB 1160 Notice[15000 gallons or more]

• Publish newspaper notice• In county & downstream affected

counties• In format approved by DENR• Within 10 days of DENR approval• Within 30 days of discharge

What the Law SaysAbout Discharges

• The Clean Water Act• Make it unlawful for any person• To discharge• Any pollutant• From a point source• Into the waters of the United States• Without a permit

Page 13: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 13

So What’s The Penalty ?

• Up to $32,500 per day of violation

What We Will Do Tonight

• Reading Assignment Quiz #1• Introductions• News Analysis• The Law Behind The News

Salzman Chapter 1• Video?• Other Fun and Exciting Things

Page 14: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 14

So What Is EnvironmentalLaw and Policy

• “The use of governmental authority toprotect the natural environment andhuman health from the impacts ofpollution and development”

Why Does The Study ofEnvironmental Law Matter ?

• Part of everyday life, no matter whereyou live or what you do.

• Just read newspaper headlines

Course Disclaimer• SORRY: You will not become a lawyer in

this class. (There are too many already)

• You will become an informer consumer ofenvironmental information, able toresearch and understand the laws andhow and why they impact your life orbusiness.

Page 15: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 15

Everyone Is Pro Environment

• 80 % of Americans believe thatenvironmental protection should be ahigh government priority

Yet Environmental LawIs Contentious

Arctic National Wildlife Refuge

Photo source: ANWR.ORGhttp://www.anwr.org/images/photogal/GEN0001.HTM

Page 16: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 16

Why Is EnvironmentalLaw So Contentious ?

• Protection Yes! How Much Protection IsEnough ?

Then Why Is EnvironmentalLaw So Contentious ?

• Protection Yes! How Much Protection IsEnough ?

• Who Bears The Risk ?

Then Why Is EnvironmentalLaw So Contentious ?

• Protection Yes! How Much Protection IsEnough ?

• Who Bears The Risk ?

• Who Bears The Cost ?

Page 17: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 17

Exercise• List in order of importance to you up to

three environmental issues that youbelieve or have heard are contentious.

Environmental Laws Two Distinct Fields

• Pollution Law– Focus on controlling individual sources of

pollution• Air• Water• Solid Waste

Environmental Laws Two Distinct Fields

• Natural Resources Law– Focus on land use management and

broader ecological concerns

Page 18: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 18

Is That All There Is ?

• Not Really !

• We will also look at some othertraditional legal tools that are notexclusively environmental laws.

Major Pollution Type LawsCAA

CWARCRA TSCA

CERCLA

SDWA

EPCRA

Page 19: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 19

Natural Resource Type Laws• National Environmental Policy Act of 1969

(NEPA)• The Endangered Species Act (ESA)• Marine Mammals Act• Coastal Zone Management Act• Marine Protection, Research and Sanctuaries Act• Migratory Bird Treaty Act• National Historic Preservation Act• Archaeological Resources Protection Act

History of Environmental Protectionfor Natural Resources

• From “Wilderness is Bad”

• To “Wilderness Experience”

History of Environmental ProtectionPollution Law

• From “Its A Local Problem”

• To “It’s a National Problem”

Page 20: ARE309 – Fall 2005 · ARE 309 – Class #2 – August 24, 2005 – Lecture Slides (As used during class) Page 1 ARE309 – Fall 2005 Class #2 – August 24, 2005 Introduction to

ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)

Page 20

Early Pollution Laws

• Enacted by local and state governmentsunder their “police power”

• To protect health and safety of theircitizens from local “bad actors”

Result of Local & State Control

• In 1968, the Cuyahoga River in Ohio burstinto flames because it contained so much oilywaste and pollution.