Chapter 25 Environmental Law
Persons who provide information about violators of the Clean Air Act can be paid up to
$10,000
For violations of emission limits under the Clean Air Act, the EPA can assess civil penalties up to ------- per day. Additional fines of up to ----- per day can be assessed for other violations.
$25,000 $5,000
More than -- million gallons of oil leaked into -------'s Prince William Sound from the ------ ------ in 1989 causing the --- ------- --- to be passed
10 Alaska's Exxon Valdez Oil Pollution Act
What does the National Pollutant Discharge Elimination System enforce?
Any point source emitting pollutants into water must have a permit
What is the worst oil spill in history
British Petroleum oil spill in gulf of mexico
This act provides the basis for issuing regulations to control multi state air pollution.
Clean Air Act
Other Federal Agencies regulating environmental law
Department of the Interior Department of Defense Department of Labor Food and Drug Administration Nuclear Regulatory Co
Who periodically updates pollution standards
Environmental Protection Agency
primary federal agency regulating environmental law
Environmental Protection Agency
What forced the EPA to regulate CO2 emissions from motor vehicles even though it wasn't mentioned in the clean air act
Environmental groups sued
What gave Massachusetts standing to sue the EPA over CO2 emissions
Its coastline and state owned lands faced an imminent threat from rising sea levels caused by climate change
What state had standing to sue the EPA for not regulating CO2 emissions
Massachusetts
What two sources does the Clean Air Act cover
Mobile (vehicles) Stationary (industrial plants)
what act prohibits the ocean dumping of any radio logical, chemical, and biological warfare agents and high level radioactive waste
Ocean Dumping Act
Under what act makes any oil facility, oil shipper, vessel owner, or vessel operatior that discharges oil into navigable waters or onto an adjoining shore may be liable for clean ip cost and damages
Oil Pollution Act
Which act requires the EPA to set maximum levels for pollutants in public water systems
Safe Drinking Water Act
What 3 things must the statement sent annually by water suppliers include under the Safe Drinking Water Act
Source of its water level of any contaminants health concerns associated with the contaminants
Who has primary responsibility for implementing standards to establish air quality standards for stationary sources
State and local governments
Are greenhouse gasses and CO2 emissions a public danger according to the EPA
Yes
what must a property owner under the nuisance doctrine have to identify to obtain relief from pollution
a distinct harm separate from that affecting the general public
Under the Clean Water Act ----- sources must immediately install equipment that utilizes the ----- ------- ------ ------- and meet a timetable for installing BACT equipment
best practical control technology
what form of law do individuals rely on to obtain damages and injunctions against business polluters
common
Under the Oil Pollution Act what 4 things may the polluter be forced to pay for
damage to natural resources private property local economy increased cost of providing public services
To penalize those who find it more cost effective to violate the clean air act than to comply with it the EPA is authorized to impose a penalty equal to the violator's ------- ------ from noncompliance
economic benefit
The Clean Air Act requires the EPA to regulate any air pollutants that might ------ ------ ------.
endanger public health
what levels of government in the United States regulate environment
federal state local
the phrase knowingly violates does not carve out an exception to the general rule that ------ of the law is no excuse
ignorance
Those who ----- ---- the Clean Air act may be subject to ------ penalties
knowingly violate criminal
What 3 goals does the Clean Water Act establish
make waters safe for swimming protect fish and wildlife eliminate the discharge of pollutants
what does MACT stand for?
maximum achievable control technology
what may an injured individual sue a business for because of pollution
negligence strict liability
The Clean Air Act requires major --- sources to use pollution control equipment that represents the ------ -------- -------- -------- to reduce emissions. The ----- issues guidelines as to what equipment meets this standard
new maximum achievable control technology EPA
Under the Clean Water Act --- sources of pollution must install the ---- -------- ------ -------- before beginning operations
new, best available control technology
Does the Clean Air act establish specific emissions standards for each hazardous air pollutant
no
under the common law of ----- persons may be held liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property
nuisance
individuals are denied standing unless they suffer ------ ----- from pollution
private nuisance
a negligence action is based on a business's alleged failure to use -------- ---- toward a party whose injury was ------
reasonable care foreseeable
who enforces federal environmental statutes and regulations
state and local governments
if governments fail to enforce environmental regulations what can citizens do?
sue
mens rea
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
