BE 325-Ch. 18

Other federal agencies with authority for regulating specific environmental matters include

-Department of the Interior -Department of Defense -Department of Labor -Food and Drug Administration -Nuclear Regulatory Commission

Elements of CERCLA (Superfund)

1) It established an information-gathering and analysis system that enables the government to identify chemical dump sites and determine the appropriate action 2) It authorized the EPA to respond to hazardous substance emergencies and to arrange for the clean-up of a leaking site directly if the persons responsible for the problem fail to clean up the site 3) It created a Hazardous Substance Report Trust Fund (Superfund) to pay for the clean-up of hazardous sites using funds obtained through taxes on certain businesses 4) It allowed the government to recover the cost of clean-up from the persons who were responsible for hazardous substance releases.

The EPA can clean up the site and recover the cost of the clean-up from the following persons

1) the person who generated the wastes disposed of at the site 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 4) the current owner or operator Someone who falls into one of these categories is known as a Potentially Responsible Party (PRP)

Toxic Tort

A civil wrong arising from exposure to a toxic substance, such as abestos, radiation, or hazardous waste

BACT vs BPCT

Best available control technology - guidelines requires the most effective pollution-control equipment available Best practical control technology - guidelines that specify that existing sources are subject to timetables for the installation of BACT equipment and must immediately install equipment that utilizes this

MACT

Maximum Achievable Control Technology

T/F Businesses that engage in ultra hazardous activities --such as the transportation of radioactive materials -- are strictly liable for any injuring the activities cause

T In a strict liability action, the injured party does not need to prove that the business failed to exercise reasonable care

Major Federal Environmental Statutes: Small Business Liability Relief and Brownfield Revitalization Act

To allow developers who comply with state voluntary clean-up programs to avoid federal liability for the properties that they decontaminate and develop

Major Federal Environmental Statutes: Clean Air Act

To control air pollution from mobile and stationary sources

Major Federal Environmental Statutes: Federal Insecticide, Fungicide, and Rodenticide Act

To control the use of pesticides and herbicides

Major Federal Environmental Statutes: Federal Water Pollution Control Act

To eliminate the discharge of pollutants from major sources into navigable waters

Major Federal Environmental Statutes: Oil Pollution Act

To establish liability for the clean-up of navigable waters after oil spills

Major Federal Environmental Statutes: Resource Conservation and Recovery Act

To establish standards for hazardous waste disposal

Major Federal Environmental Statutes: National Environmental Policy Act

To limit environmental harm from federal government activities

Major Federal Environmental Statutes: Rivers and Harbors Appropriations Act

To prohibit ships and manufacturers from discharging and depositing refuse in navigable waterways

Major Federal Environmental Statutes: Ocean Dumping Act

To prohibit the dumping of radiological, chemical, and biological warfare agents and high-level radioactive waste into the ocean

Major Federal Environmental Statutes: Endangered Species Act

To protect species that are threatened with extinction

Major Federal Environmental Statutes: Safe Drinking Water Act

To regulate pollutants in public drinking water systems

Major Federal Environmental Statutes: Superfund

To regulate the clean-up of hazardous waste-disposal sites

Major Federal Environmental Statutes: Toxic Substances Control Act

To regulate toxic chemicals and chemical compounds

Nuisance

a common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property

"Private" nuisance

a distinct harm separate from that affecting the general "public" nuisance. In order to obtain relief from pollution under the nuisance doctrine, a property owner may have to identify this -Individuals were denied "standing" or access to the courts if they could not establish this

National Environmental Policy Act (EIS)

a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action's impact and explore the alternatives Must analyze: 1) The impact on the environment that the action will have 2) Any adverse effects on the environment and alternative actions that might be taken 3) Any irreversible effects the action might generate

Joint and Several Liability

a person who generated only a fraction of the hazardous waste disposed of at the site may nevertheless be liable for all of the clean-up costs

Clean Water Act

an amendment to the FWPCA, passed in 1972 established the following goals 1) make waters safe for swimming 2) protect fish and wildlife 3) eliminate the discharge of pollutants into the water

Superfund imposes strict liability on PRPs, and that liability cannot be avoided through transfer of ownership

thus, selling a site where hazardous wastes were disposed of does not relieve the seller of liability, and the buyer also becomes liable for the clean-up *applies to businesses merging as well

Wetlands

water-saturated, protected areas of land that support wildlife and cannot be filled in or dredged without a permit