Chapter 15

Environmental Impact Statement (EIS)

An EIS is required when (1) a proposed action is federal, (2) a proposed action is considered major, and (3) the impact on the environment is significant. The NEPA mandates that an Environmental Assessment (EA) be performed to analyze the impact on the environment of a proposed federal action. An action is considered federal whenever a federal agency has the power to control it, either through allocation of resources, approval, or funding. The EIS provides information to enable the federal government to decide whether or not a project is feasible. An EIS must contain information on the following: The affected environment The impact on the environment of the proposed federal action Alternatives to the proposed action All resources that would be allocated to the proposed action A cost analysis between the proposed action and the alternatives The EIS can be used as evidence in court proceedings and should be offered for public review; any comments or objections are submitted to the EPA. Many states have enacted laws to require an EIS for state and local actions.

International Dimensions of Environmental Regulations

Environmental issues are not only of national concern but have international implications. A national environmental legislation may not have the ultimate effect on its intended purpose if other nations do not have similar protections. This is true because pollution travels by (1) the movement of air in prevailing wind patterns, (2) the movement of water through ocean currents, and (3) the active and passive migration of species of animals and plants. The United States has played a significant role in creating international environmental policies through four primary methods: (1) research, (2) conferences, (3) treaties, and (4) economic aid.

Hazardous Waste and Toxic Substances

Many products contain toxic substances that may have significant side effects on human health and other life, such as birds, fish, animals, and vegetation. Toxic substances are chemical compounds used in the manufacturing of products. Also, certain waste that is classified as hazardous waste, such as garbage, sewage, and the like, when disposed of can cause air, water, and soil pollution. The disposal of hazardous waste is regulated by the Resource Conservation and Recovery Act of 1976 (RCRA). Under the RCRA, hazardous waste is considered as any solid waste that may cause or contribute to serious illness or death. The RCRA authorizes the EPA to regulate any sources generating, treating, storing, or disposing of any hazardous waste. The 1986 amendments to the RCRA require that all companies releasing hazardous waste into the environment are required to report the amounts of discharge.

Marketable Discharge Permits Approach.

The government sells permits that a polluting entity can purchase to discharge various types of pollutants. These pollutants can be discharged only by the holder of a valid permit. Under this approach, only sulfur discharge is permitted.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)

The CERCLA, as amended by the Superfund Amendment and Reauthorization Act of 1986, resolved any problems associated with improper hazardous waste disposal and established the creation of the Superfund. The Superfund is a fund used to cover the cost of cleaning up hazardous waste disposal sites. Usually, the Superfund covers the costs of cleanup when the EPA or local governments are unable to locate the responsible parties or when the responsible parties have insufficient funds to cover the cleanup costs. The CERCLA imposes liability for cleanup on the following parties: (1) current owners or operators of the property that contains hazardous materials; (2) the owners or operators of the property at the time the hazardous waste was disposed on the property; (3) the generators of the hazardous waste; and (4) the transporters of hazardous waste to the property.

Clean Air Act

The Clean Air Act was enacted in 1963 and amended in 1970, 1977, and 1990 to impose on the states the primary responsibility for air pollution control. There are two primary sources of air pollution: stationary and mobile. Stationary sources are factories, industrial plants, oil refineries, and the like. The act requires the states to identify the stationary sources and control their air pollution emissions. The mobile sources are automobiles, airplanes, and the like, and the act requires that air pollution controls are installed in all mobile sources. The act also provides that the EPA must establish national ambient air quality standards for certain pollutants. There are two standards: primary and secondary. Primary standards are established to protect human lives. Secondary standards are established to protect the fauna, flora, climate, and economic values. Today, standards have been established for ozone, lead, nitrogen oxide, carbon monoxide, and sulfur. All established standards must be enforced by the states.

Safe Drinking Water Act

The Safe Drinking Water Act was enacted in 1974 (amended in 1986) and establishes minimum quality standards for water intended for human consumption. It is against the law to dump waste into sources producing water for human consumption. The states are responsible for enforcing the law and monitoring the quality of drinking water.

Tort Law

The first common law doctrine that is used to control harmful environmental effects is the tort of nuisance. Nuisance is the unreasonable interference of another's rights to use and enjoy their property. For example, a business that causes severe noise will adversely affect its neighbors' use and enjoyment of their property. Another example is a business engaged in an activity that will cause high volumes of dust, which will have an adverse effect on the nearby properties, and thus interfere with the owners' use and enjoyment of the properties. In both examples, the landowners may be able to obtain money damages or injunctive relief for the harm they have suffered. Generally, there are two types of harms: private nuisance and public nuisance.

Environmental Protection Agency (EPA)

The monitoring of pollution emissions, the enforcement of various regulations, and the interpretation of environmental laws falls under the responsibility of the federal Environmental Protection Agency (EPA). The EPA is one of the largest federal agencies and was created by an executive order in 1972 to control pollution in the areas of air, water, solid waste, pesticides, radiation, and toxic substances. The EPA has broad rule-making powers to adopt new regulations and enforce existing environmental laws and exercises its adjudicative powers by holding hearings, making decisions, ordering remedies for violations, and initiating judicial proceedings.

Major Approaches to protecting Environment

There are three major approaches to protecting the environment: tort law, statutory law, and alternative methods of regulation.

Direct Regulation Approach

This approach is the primary method of pollution control. In the 1970s, the government established a set of regulations to protect the environment and improve air and water quality. Under these regulations, the government establishes specific limits on the amount of pollutants that can be discharged into the air and water. Through these regulations, the government established two standards: technology-forcing standards and technology-driven standards. Under the technology-forcing standards, the government established certain standards that must be met by a certain date through the development of new technology. For example, the government might establish a standard that within the next five years, the new vehicles produced must discharge a certain level of carbon monoxide into the environment. Under the technology-driven standard, the government will provide incentives and motivate businesses to improve the emission of pollutants within the existing limits of technology.

Council on Environmental Quality (CEQ)

This is a three-member advisory board, which is part of the executive office of the president, responsible for making recommendations to the president regarding environmental matters and creating annual reports on the quality of the environment.

Government Subsidies Approach

To combat pollution, the government uses governmental subsidies. Under this approach, the government will compensate polluting entities when they reduce their emissions into the environment. Such subsidies include tax breaks and low-interest loans and grants for the acquisition and installation of pollution control devices.

NonAttainment Areas

Under the Clean Air Act, any regions that do not meet the air quality standards established are designated as nonattainment areas and are classified into five categories based on the degree of exceeding the standards. The five categories are: (1) Marginal (2) Moderate (3) Serious (4) Severe (5) Extreme Each state must (1) identify major sources of air pollution and require installation of air pollution control equipment, (2) establish permit systems for new stationary sources, and (3) implement inspection plants to monitor the mobile sources. Any state that fails to comply will lose federal highway funding, and receive limitations on new sources of emissions.

Insecticide, Fungicide, Rodenticide Act of 1947

Under this act and its subsequent amendments, the manufacturers of chemicals used to kill insects, pests, and weeds must register products with the EPA before they can be sold. The EPA is authorized to terminate the distribution of any pesticide, herbicide, fungicide, and rodenticide after its registration if it finds that it poses a danger to human health or the environment.

National Environmental Policy Act of 1970 (NEPA)

Under this act, the federal government takes responsibility to maintain, protect, and enhance the environment, and implements this mission within federal agencies. The NEPA has two major functions: (1) to create the Council on Environmental Quality (CEQ), and (2) to impose a requirement on every federal agency to prepare an Environmental Impact Statement (EIS) for every major federal action that will have a significant environmental effect

Emission Charges Approach

Under this approach, the government will charge a polluting entity a flat fee for every unit of pollutant discharged. The goal is for a polluting entity to reduce its discharge to the point that will be economically feasible. Theoretically, the higher the fee, the greater the entity's motivation to reduce its emission discharges.

Clean Water Act

Water pollution is monitored by two statutes: the Federal Water Pollution Control Act (FWPCA), also called the Clean Water Act, and the Safe Drinking Water Act (SDWA). The FDWPCA focuses on the quality of the water in the waterways (navigable and non-navigable waters). The SDWA focuses on the quality of drinking water and ensures that water is not harmful to human life. The FWPCA goals are to restore and maintain the chemical and biological integrity of U.S. waters in order to protect fish and aquatic life, to keep them safe for swimming and other recreational use, and to eliminate the discharge of pollutants into the water. A primary method of meeting the act's goals is by implementing discharge permit requirements. The act also establishes point sources, which are distinct places from which pollutants can be discharged into the water, such as factories, oil refineries, sewer treatment facilities, and the like. Also, it creates effluent limitations, which limit the maximum allowable amount of pollutants that can be discharged into a body of water by a point source. Non-point sources, such as agricultural fertilizers, are not subject to Clean Water Act permits.