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)
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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?
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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 ?
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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Optional News Analysisfor Class #2 (August 24, 2005)
• What Is a Code Red Day ?
• How many (if any) has Raleigh had in2005?
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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Air Pollutant Of Concern ?
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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Ozone Code Days - 2005
Ozone Code Days - 2005
Ozone Code Days - 1999
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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.”
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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.
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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 ?
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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”
ARE 309 – Class #2 – August 24, 2005 – Lecture Slides(As used during class)
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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.