Final Exam
Public Trust Doctine
derived from English common law a common-law doctrine of property law, customised by each state, which established public rights in navigable waters and on their shores
spent nuclear fuel
stored in cooling ponds at reactor sites - tech for recycling was not developed
Underground Storage Tanks Compliance Act
strengthed control of USTs included periodic inspections of tanks, training requirements for operators, and protections for drinking water
EPA will register pesticides if...
the pesticide's composition warrants the proposed claims for it properly labeled will perform its function without unreasonable risks to people will not cause unreasonable risk to the environment
Eminent domain
the power of the U.S. government had which allows them to force a citizen to sell property
Sources of International Law
treaties/agreements entered into by nation states Principles from long standing practices intergovernmental agencies NGOs
Restricted Use
type of pesticide regiration for pesticides that have the potential to have an unreasonable impact
Energy Policy Act of 2005
attempted to build on EPAct by providing tax incentives and subsidies provided for the expansion in natural gas
Coastal Zone Management Act of 1972 (CZMA)
authorizes Congress to provide matching funds to coastal state to assist in developing management plans for coastal lands
Hazardous Wastes
toxic, poisonous, explosive, corrosive, flammable, ecotoxic, or infectious
National Estuary Programs
1987 CWA amendments EPA issues grants after conservation and management plan for estuaries are developed
Pesticide Environmental Stewardship Program (PESP)
1994 voluntary cooperative program by the EPA, USDA, and FD focuses, on R & D, grants, and education
Gothenburg Protocol
1999 most recent addition to LRTAP sets emissions limits by 2010 for sulfur, nitrogen oxides, VOCs, and ammonia
UNEP Environment Secretariat
200 people and headed by UNEP's executive director responsible for coordinate environmental programs and provides advisory services
Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH)
2006 regulation of the EU adopted for the protection of human health and the enviornment from the risks that can be posed by chemicals while enhancing the competitiveness of the EU chemicals industry Promoted alternative methods for the hazard assessment of substances in order to reduce the number of tests on animals
Superfund Amendments & Reauthorization Act of 1986 (SARA)
3 subtitles State & local governments are required to develop emergency response and preparedness plans must have an emergency response commission
National Energy Plan
4 objectives 1)Institutional reform of federal energy planning 2) Greater energy efficiency through selective use of market forces and major expansion fo regulatory policy 3.) Increase federal spending on research and development of technology for energy conservation 4.) To ensure that environmental protection and social equity would be important in these pgrams
Energy Policy Act
A comprehensive law that was passed by Congress in 1992 addressed issues such as renewable fuels, energy, and the environment and global climate change
EPA Definition of a Toxic Substance
Any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin
Energy Policy and Conservation Act
proposed by President Ford this established the strategic petroleum reserve
Atomic Energy Act of `954
protects human health & environment from excessive exposure to radiation
Punitive Damages
punish the defendant when their conduct was extremely egregious or willful and wanton deter others and encourage compliance with testing
Equitable utilization of share resources
reasonable use of shared resources
Toxic Release Inventory (TRI)
these are made available on EPA' website to give the public info about the risk from chemicals
4 duties imposed on all nations from liability for transboundary pollution
to prevent transboundary harm to inform other nations of accidents that may cause harm to enter negotiations to ahndle or negotiate in good faith when harm resulted, liability should be determined
2 approaches to public lands
utilitarianism preservationist
Regulatory Taking
when government regulation of private property goes too far and deprives the landowner of the value of his land through enactment of a statue, promulgation of a regulation, refusal to issue a permit or declartion of land as wetland, as endangered species habitat, or as unsuitable for mining, such a taking alos may be compensable
rotating funds
funds incurred in cleanup would be recovered responsible parties
Qualities of an NGO
independent from governmental control not seeking to challenge governments either as a political party or by a narrow focus on human rights non-profitmaking non-criminal
Conditional Registration
less thasn 5 years when pesticides is substantially similar to a currently used one no significant harm would result from its use can be granted for time needed to submit data
Duty of due dilgence
obligation to protect the rights of other states
World Bank
one of the primary sources of funding for projects in developing countries environmental department was established in 1987
Risk Assessment
process of characterizing potentially adverse consequences preliminary to risk management
Hazard Identification Methods
1. Comparison of molecular structures 2. Short-term studies 3. Animal bioassay data 4. Epidemiological Data
Negligence
1. Defendant owed a duty of care to the plaintiff 2. defendant failed to meet this duty of care 3. failure caused injury to the Plaintiff 4. Plaintiff suffered a compensable injury
Coastal Zone Management Act (CZMA)
provides financial assistance to states that balance energy development environmental factors
UN
the most influential intergovernmental organization
preservationist
focus on preserving wilderness areas as they are nature has inherent value
Good neighborliness
no state is entitled to use its land in a way that would infring on the rights of others
Landfills
primary waste management tool
USTs
underground storage tanks
Transboundary Pollution (2)
when two countries share a common resource and one contaminates that resource
UNEP Governing Council
Delegate from 58 member states elected on a rotating basis by the general assembly Responsible for promoting international cooperation in environmental matters and providing general policy guidance Annually reviews and approves allocation of money from the Environment Fund
Oil Pollution Act of 1990
Enacted a year after the disastrous Exxon Valdez oil spill in Alaska's Prince William Sound, this law streamlines federal response to oil spills by requiring oil storage facilities and vessels to prepare spill-response plans and provide for their rapid implementation. The law also increases polluters' liability for cleanup costs and damage to natural resources and imposes measures -- including a phaseout of single-hulled tankers -- designed to improve tanker safety and prevent spills.
acts used to govern rangelands
Forest & Rangelands Renewable Resource Planning Act of 1974 Public Rangelands of 1978
European Union
Group of 28 european nations first began to address environmental policy 1972 No EU nation-state can set up environmental standard that would keep another member from competing in its markets EU acts as a negotiator for its member states but members states individual ratify treaties unless they give EU express authority to ratify
Section 9 of ESA
Makes it illegal for any person to import, take, posess, sell, deliver or carry a listed species
Premanufacturing Notice (PMN)
Must be submitted 90 days before manufacture or importations of any new chemicals for sale or use in commerce
OPEC
Organization of Petroleum Exporting Countries
Endangered Species Act
Passed in 1973 to protect any plant or animal species in danger of extinction provides for entering into treaties to protect species on an international level directs the Sec. of the Interior to list species of plants and animanls as threatened or endangered - Sec. then delegates that duty to the Fish and wildlife Service and the National Marine Fisheries Service
Nuclear Waste Policy Act of 1982
Passed to resolve the problem of siting and developing permanent repositories for high-level nuclear wastes
2 ways a species can become listed on the ESA
Petition process candidate assessment process
PRPs
Potentially Responsible Parties
Forest Reserve Act of 1891
President authorized to set aside land for national forests
Migratory Bird Rule
Prevent Corp of Engineers from issuing a permit to develop a wetland if it would disrupt migratory bird habitat
Corporate Average Fuel Economy (CAFE Standards)
Set of federal standards under which each vehicle manufacturer must meet a miles-per-gallon benchmark averaged across all new cars or trucks
Toxic Substances Control Act
TSCA enacted in 1976 with three objectives 1. data on environmental effects of chemicals must be developed by industry 2. Government must have adequate authority to prevent unreasonable risk or injury to health or the environment, particularly imminent hazards 3. Government authority must be exercised so as to not create unnecessary barriers to technology
UNEP
UN Environmental program created by the UN to effectuate worldwide environmental policies 3 Main Parts Governing Council Environment Secretariat Environmental Fun
Transboundary Pollution (1)
When Pollution generated in one nation is transported to another nation
Estuary
a body of water formed where freshwater from rivers and streams flow into the ocean, mixing with the seawater
Tort
a common law cause of action to seek recovery when one party have been injured by another
Strict Product Liability
a form of strict liability applicable when consumers are injured by products containing toxic substances
Montreal Protocol on Substance that Deplete the Ozone Layer
a multilateral fund set up with the treaty to aid developing nations in transitioning from ozone-depleting chemicals
Inverse condemnation
a property that had been so over regulated that the government may have well condemned it
Geneva Protocol
addresses problems of VOC emissions required partieis to reduce VOC emissions by 30% by 1999
Rotterdam Convention on the Prior Informed Consent Procedure for Certain Chemicals and Pesticides in International Trade
aka PIC signed in 1998 and requires parties to provide export notification creates a labeling criteria for exporting parties went into effect in 2004 no us signatory
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
aka Suprefund provides mechanisms for reacting to emergency situations and the chronic hazardous materials releases
Treatment, Storage, or disposal Facility (TDSF)
all hazardous wastes are required to obtain a permit before they begin operating
Marine Protection, Research and Sanctuaries Act of 1972
allows NOAA to designate areas as marine sanctuaries
Section 10 of ESA
allows private parties to take listed species provided that the take is incidental to other wise lawful activity and is accompanied by an approved habitat
Lautenberg Chemical Safety for the 21st Century Act
amended TSCA in 2016 brought about much needed improvements such as... - mandatory requirement for EPA to evaluate existing chemicals with clear and enforceable deadlines - new risk-based safety standards - Increased public transparency for chemicals information - Consistent source of funding for the EPA to carry out the responsibilities under the new law
Wetlands
an area covered with water all or part of the year
United Nations
an international organization founded in 1945 post WWII by 51 countries Committed to maintaining international peace & secruity, developing friendly relations among nations, and promoting progress, better livng and human rights currently 193 member nations
Swampbuster Bill
any persons who produce crops on wetlands that were converted after 1985 will be ineligible for federal farm benefits
Pesticides
any substance used to kill rodents, insects, fungi, bacteria, and weeds
persistent organic pollutants (POPs)
are now banned, DDT, PCBs
Global Commons
areas of the Earth that cannot easily be partitioned and belong to no one but preserve and maintain the lives of us all
Transuranic wastes
by products of reactor fuels and military waste processing
Sofia Protocol
called for reduction of nitrogen oxides to below 1987 levels by 1994 also called to develop national emissions standards for new sources of nitrogen oxide emissions
Nongovernmental Organizations (NGOs)
came into currency in 1945 because the UN needed to be able to differentiate between participation rights for intergovernmental specialized agencies and those for international private organization can be all types of private bodies
OSHA definition of toxic substance
chemicals (dusts, mixtures, common materials) that are capable of causing harm
Compensatory Damages
compensate the plaintiff for medical bills, lost wages and suffering designed to put the plaintiff back in the position they would have been in if they had never exposed to the toxic substance
Hazardous Waste
considered to be this by RCRA if... - Causes or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitiating reversible illness OR Poses a substantial present or potential hazard to human health or the environment when improperly treated, store, transported, disposed of or other wise managed
National Priorities List (NPL)
contaminate sites are scored on the basis of potential exposure to surface water, groundwater, air and soil only these types of sites are eligible for remedial action under superfund
Green Cross International
created by Gorbachev in 1993 works towards creating a sustainable future
World Commission on Environment and Development
created by the UN in 1983 to formulate long term strategies to attain sustainable development by 2000 and beyong
Nuclear Regulatory Commission (NRC)
created in 1978 responsible fore regulating the nuclear industry
Section 11 of ESA
deals with enforcement of the statute provides both civil and criminal penalties for knowingly violating the law authorizes citizens suits against any person alleged to be in violation of the ESA and against the Secretary of Interior or Commerce for failrure to perform a nondiscretionary duty imposed by the law
Aarhus Protocol
dealt with heavy metal emissions by requiring parties to reduce emissions of cadium, lead and mercury below 1990 levels second meeting reduced emissions POP for partieswith the goa of ultimate elimination
Customary Law
defined by Article 38 of the statue of International Court of Justice general principles of law that are recognized by civilian nations and in the judicial decisions and teachings of respected jurists
Surface Mining Control and Reclamation Act
enacted to force mining industry to return land to a level of productivity equal or greater to before mining
Global Environmental Facility
established in 1991 to finance projects focused on environmental protection 4 globally critical areas biodiversity loss climate change degradation of international waters ozone depletition
duty to inform and cooperate
existence of minefields
Ulititarianism
focused on using resources sustainably
definition of take
harass, harm, pursue, hunt, sour, wound, kill, trap, capture or collect a list species
4 areas of global commons
high seas atmosphere antarctica outer space
low-level radiation waste
includes items that have become radioactive through exposure at reactors
Ramsar Convention
international treaty with 152 parties wetlands are designated as of international importance and country must take steps to conserve and protect the wetlands
National Energy Strategy (NES)
introduced in 1991 by Bush I focused on energy security, energy and economic efficiency, future energy supplies, environmental quality and expanding scientific research and education
fair market value
just compensation must be given this when the federal government takes away your land
toxic torts
legal liability for injuring others by releasing toxic substances
Basel Convention of Transboundary Movement of HAzardous Wastes and Their Disposal
main source of international law on hazardous waste went into effect in 1992 objectives - minimize the generation of hazardous wastes -dispose of wastes as close to the source as possible -reduce the movement of hazardous waste Parties can indicate whether they will accept certain forms of HW if exported to them Importing countries are bound to decline hazardous waste if they cannot dispose of it properly
Section 404 of CWA
maint tool for preserving wetlands requires landowners seeking to add dredged or filled material to a wetland to obtain permits from Army Corps of Engineers
General Use
more desirable registration for pesticides this is because it meets the standards set by the EPA and can be sold in any quantity
Estuary Restoration Act of 2000
passed as a part of estuaries and CWA goal is to restore 1 milliona cres of estuary habitat by 2010 established Estuary Habitat restoration council
Federal Insecticide Fungicide and Rodenticide Act (FIFRA)
passed in 1947 requires that all pesticides be registered and labeled before they can be distributed in the U.S.
Wilderness Act
passed in 1964 created the National Wilderness Preservation System once land is designate as a wilderness, its use is restricted
Resource Conservation and Recovery Act (RCRA
passed in 1976 amended the Solid Waste Disposal Act established the framework for a national system of solid waste control
Convention on Long Range Transboundary Air Pollution (LRTAP)
passed in 1979 first legally binding instrument to deawl with this problem limit and reduc annual emissions by 30% of 1980 level by 1993 additional reduction would be determined by individual countries
Hazardous and Solid Waste Amendments
passed in 1984 required that each state prepare a solid waste management plan and also implement a permit program for solid waste management facilities that receive hazardous waste
Coastal Zone Reauthorization Amendment Act
passed in 1990 required each state to develop a nonpoint source pollution control program
Outer Continental Shelf Act
passed to ensure that states can make decisions about development of submerged land off their shores
ESA defines threatened or endangered as...
present or threatened destruction, modification, or curtailment of its habitat or range overutilization for commercial recreation, scientific or education purposes inadequacy of existing statutory mechanism Other natural or manmade factors affecting its continues existence
Section 7 of ESA
requires all federal agencies to take actions necessary to ensure that activities authorized, funded or carried out by them do not jeopardize the continued existence of endangered or threatened species requirement to consult if actions proposed or are about to authorize others to undertake may jeopardize a listed species
Federal Food, Drug and Cosmetic Act (FFDCA)
requires that the EPA set tolerance levels for pesticide residue on food enforced by the FDA and USDA
Federal Land Policy and Management Act of 1976
requires the Secretary of Interior to take any action necessary to prvent unncessary degradation of the lands requires the Bureau of Land Management to prepare plans for 450 million acres of lands it administers
Healthy Forests Restoration Act of 2003
signed by President Bush II in the name of fire prevention act reduces some of the requirements that must be met before logging in certain forests only forest owned by the federal government are covered by forest regulations 1
Endangered
species is one that is in danger of extinction throughout all or significant portion of its range
Threatened
species is one that is likely to become endangered in the foreseeable future
Principle 21 of the Stockholm Declaration
state have the sovereign right to exploit their own resources pursuant to their environmental principles, and the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other states
Section 4 of ESA
the listing provision the process of listing a species as threatened or endangered is supposed to be accompanied by a "Critical habitat designation"
Food Quality Protection Act of 1996 (FQPA)
the most comprehensive and historic overhaul on the nation's pesticides and food safety laws amended FIFRA and the FFDCA by fundamentally chaning the way the EPA regulate pesticides stricters safety standards, and a complete reassessment of all existing pesticide tolerances.
Risk management
the process of making policy decisions based on assessed risk secondary to risk assessment