Environmental Law Final exam
Toxic Substances Control Act (TSCA) has been the primary federal law designed to
to regulate Toxic Substances
Pesticides are a special category of
toxic substances and are regulated separately
Hazardous Wastes are defined as
toxic, poisonous, explosive, corrosive, flammable, eco-toxic, or infectious (Basal Convention)
Waste manifests are provided by the transporter to the waste
treatment, storage, or disposal facility (TSDF)
when did Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Prior Informed Consent/PIC) into effect?
treaty went into effect in in 2004, after receiving its 50th ratification
Geothermal Energy refers to
use of heat trapped within the earth
who uses clear cutting trees?
used by timber industry more than selective cutting of trees - 2/3 of harvesting is done by clear-cutting
In toxic tort cases, defendant has a duty to
warn plaintiffs/general public of known or knowable dangers resulting from specific uses of the product
UN Environmental Program (UNEP)
was created by UN General Assembly to effectuate worldwide environmental policies (www.unep.org)
Nuclear Regulatory Commission (NRC)
was created in 1978 and is responsible for regulating the nuclear industry
Global Environmental Facility
was established in 1991 to finance projects focused on environmental protection
The Nuclear Waste Policy Act of 1982
was passed to resolve the problem of siting and developing permanent repositories for high-level nuclear waste
Food Quality Protection Act (FQPA) of 1996
was the most comprehensive and historic overhaul of the Nation's pesticide and food safety laws in decades. The FQPA amended FIFRA and the Federal Food Drug, and Cosmetic Act (FFDCA) by fundamentally changing the way EPA regulates pesticides.
Waste being sent off-site must be listed on a
waste manifest, the manifest goes with the transporter
Global Environmental Facility (GEF) identifies 4 globally critical areas
›Biodiversity loss ›Climate change ›Degradation of international waters ›Ozone depletion
International Environmental Law: Many of the issues we have discussed can only be effectively addressed globally
›Climate change ›Biodiversity, Preservation of critical habitat ›Ocean Pollution
UNEP has 3 entities
›Governing Council ›Environment Secretariat ›Environment Fund
International Law - Sources derived from
›Treaties/Agreements entered into by nation-states ›Principles from long-standing practices - Customary Law ›Intergovernmental Agencies ›Nongovernmental Organizations (NGOs)
examples of renewable fuels (5)
◦Hydropower ◦Solar Power ◦Wind ◦Biomass ◦Burning of waste for steam
Benefits of renewable energy
◦Less polluting ◦Available domestically ◦Not depleted
Air Pollution - 1987 Helsinki Protocol dealt with emissions of sulfur compounds (2)
◦Parties agreed to reduce annual emissions by 30% of 1980 levels by 1993 ◦Additional reductions would be determined by individual countries ◦Oslo Protocol of 1998 further refined Helsinki Protocol
UN General Assembly requested the International Law Commission report on liability for transboundary pollution 4 duties were imposed on nations: (4)
◦To prevent transboundary harm ◦To inform other nations of accidents that may cause harm ◦To enter into negotiations to handle or negotiate in good faith ◦When harm has resulted, liability should be determined
(Biomass Energy) Burning organic matter to generate energy (5)
◦Wood ◦Agricultural waste ◦Municipal garbage ◦Grains ◦Animal Manure
President Bush announced "no net loss" policy for wetlands in 1989
- no loss unless unavoidable; revised plan in 2003 - focus on quality of restored wetlands not quantity
Toxic Substances Control Act (TSCA) - High priority chemicals were subject to further testing;
- no more than 50 chemicals can be listed as high priority within a 12 month period - High priority list is updated every 6 months
National Estuary Program
- under 1987 CWA Amendments - EPA issues grants after conservation and management plan for estuaries are developed - 28 estuaries in program
World's fastest growing population
Africa
Every year, around 4 billion pounds of toxic chemicals are released by
American industries.
LSCA: Providing EPA with a full range of options to address
address the risks of substances including labeling requirements, use restrictions, phase-outs or other appropriate actions
what RCRA adress?
addresses hazardous and nonhazardous waste
when did the rusty patched bumble bee gained federal protection
after the Trump administration removed its hold on listing the species as endangered.
who developed section 10 in ESA? (2)
Clinton Administration as a way of defusing political opposition to the ESA and as a way of allowing private land use developments to move forward. The preparation and review of "habitat conservation plans" (HCP) as a precursor to the issuance of "incidental take permits" (ITP) is a major business, involving developers, consultants, and agency personnel
Benefits of Wetlands (6)
Coastal wetlands and estuaries prevent erosion of coastlines Provide food and habitat for many species, migratory birds Home to 31% of plant species 75 % of fish caught commercially, 80-90% of fish caught recreationally Improve quality of drinking water and prevent flooding Provide natural products for human use
Wetland acreage is being lost, over ½ of U.S. wetlands have been lost since 18th century (2)
Coastal wetlands loss is due primarily due to development Inland wetlands are lost primarily by filling in for agricultural use
Nuclear Energy Problems
NRC allows plants to sit idle for up to 60 years before the owners must dismantle them; however maintaining a closed facility can cost up to $10 million/yr
Toxic Substances Control Act PMNs: PMN contains information about (7)
chemical name, identity, molecular structure, trade names, byproducts and details about maximum quantities to be manufactured, where it will be manufactured
what are the six minerals are defined by the EPA as "asbestos"?
chrysotile, amosite, crocidolite, tremolite, anthophyllite and actinolite.
why were many pesticides, such as DDT have been taken off the market
concerns or proven harm to wildlife or human health
Between 1976 and 2009, EPA only issued regulations to
control 5 existing chemicals
Inverse Condemnation: Often, an affected property owner will ask a
court to force the government to commence condemnation proceedings
what else is PIC known for?
created labeling criteria for exporting parties
LSCA: Promoting cooperation between state and federal regulators while creating
creating a strong national chemical regulatory system, ensuring interstate commerce is not disadvantaged
•The past several Congresses have pushed for TSCA reform,
culminating with the introduction of two pieces of legislation in the House and Senate in 2015.
what is anologous/ similar ti common law?
customary law
Food Safety: EPA must also explicitly address
infants and children
1975 - Ramsar Convention
international treaty with 152 parties - wetlands are designated as of international importance and country must take steps to conserve and protect the wetland
European Union
is a group of 28 European nations
what was the aim of the Paris Agreement?
is to keep a global temperature rise this century well below 2 degrees Celsius and to drive efforts to limit the temperature increase even further to 1.5 degrees Celsius above pre-industrial levels
why could the waste in landdfills become hazradous?
it could become hazardous or migrate to groundwater, surface water, or air
what is PDP?
it stands for Pestcicide Data Program. It is a voluntary program for monitoring residues in the nation's food supply.
World Bank - environmental department
it was established in 1987 and borrowers were asked to prepare an environmental issues paper for each loan
what is Endangered Species section 4 for?
known as the listing provision
what are Asbestos and all commercial forms of asbestos (including chrysotile asbestos) known for?
known to be human carcinogens based on sufficient evidence of carcinogenicity in humans
Permitting process is complex and allows for public review (HAZARDOUS WASTE)
leads to Not in My Backyard (NIMBY) syndrome
Importing countries are bound to decline hazardous waste if they cannot dispose of it properly;
less-developed countries cannot accept (basal convention)
According to the EPA, the agency has "only been able to require testing on a
little more than 200 existing chemicals" out of the 62,000 that have been introduced since the TSCA's enactment
Endangered Species - Section 9
makes it illegal for "any person" to import, take, possess, sell, deliver, or carry a listed species
Prevalence of Chemicals: Toxic effects of a chemical ....
may not be known for years
Inverse Condemnation
means that a property has been so over-regulated that the government may have well condemned it,
what happens when asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities?
microscopic fibers become airborne and can be inhaled into the lungs, where they can cause significant health problems.
(Geothermal Energy) Hydrothermal energy
most common form - natural hot water reservoirs are tapped for their energy
LSCA: Strengthening protections for the
most vulnerable like infants, children and the elderly
All pesticides ____ before they can be distributed in the U.S.
must be registered and labeled
Migratory Bird Rule
prevents Corps of Engineers from issuing a permit to develop a wetland if it would disrupt migratory bird habitat
what are landfills?
primary waste management tool
Public Trust Doctrine: In some states, public rights may also be exercised on ___
private lands. The legal interest of the public is determined by balancing public and private rights and interests.
Approximately 165 pesticidal chemicals are classified by EPA as known
probable or possible carcinogens
UN Convention on Biological Diversity - Addition to the Convention - Biosafety Protocol
protects biotechnology interests - US still not a party
Pesticides were the first toxic substances to cause
public concern and they were first to be regulated
CERCLA provides mechanisms for
reacting to emergency situations and to chronic hazardous material releases
Equitable utilization (of shared resources)
reasonable use of shared resources
what does the Healthy Forests Restoration Act of 2003 do?
reduces some of the requirements that must be met before logging in certain forests
what does Regulatory Taking refer to?
refers to situations in which a regulation denies the property owner all "economically viable use of his land"
what does 1984 Hazardous and Solid Waste Amendments (HSWA) requires ezch state to do?
required to prepare a solid waste management plan and also implement a permit program for solid waste management facilities that receive hazardous waste
what is the new rule to ask the federal govt to consider listing a species
requires petitioners to first notify the states in which the species is found, and they must be filed one at a time
UN Convention on Biological Diversity
requires signatory nations to establish policies to slow plant and animal species loss
Prevalence of Chemicals: Legal system and govt. agencies are charged with
responsibility of making sure public is safe from chemicals while encouraging development of helpful chemicals
in the Lucas case, what did the Supreme Court ruled?
ruled that a law prohibiting beach development was a "regulatory taking"
which section of the Clean Water Act preserv wetlans? (2)
section 404 Coastal wetlands loss is due primarily due to development Inland wetlands are lost primarily by filling in for agricultural use
The Kyoto Protocol set
set binding targets for 37 industrialized countries and the European community for reducing GHG emissions
Debt for Nature Swaps - France
signed a debt-for-nature swap with Cameroon under which $25 million will be invested in people and in nature in the Congo River Basin
what does the Food Quality Protection Act (FQPA) of 1996 directs the Secretary of Agriculture to do?
to collect pesticide residue data on commodities most frequently consumed by infants and children.
Sustainability
has become important focus in global community
Prevalence of Chemicals: Worldwide more than 80,000 chemicals are
in everyday use with 1,500 new ones added each year
What does the ESA provide?
•provides for entering into treaties to protect species on an international level
ESA - Section 10: The permits allow development to occur on the theory that ____
"the taking will not appreciably reduce the likelihood of the survival and recovery of the species" because of the efficacy of the measures for mitigation contained in the HCP.
Environment Fund
$5 million from UN, $47.3 million from 110 members countries
persistent organic pollutants (POPs) (3)
(Chemical compounds that persist in the environment and retain biological activity for a long time.) 1. resis degradation 2 Bioaccumulate 3. Highly toxic to people and animals 4. Ability to travel long distances
Rio Summit 1992
(The first time nations met to discuss global warming and agreed to reduce greenhouse gas levels to 1990 levels.) many nations were falling short of targeted reductions by 2000
Persistent Organic Pollutants (POPs) (3)
(are now banned, DDT, PCBs (liquid insulators in electric transformers), and dioxins(byproduct of herbicide production)) 1. DDT found in tissues of penguins though not used anywhere near habitats 2. LRTAP, Basel Convention and Rotterdam Convention secondarily address POPs 3. Stockholm Convention on POPs went into effect in 2003 - US has signed but not ratified
Current Status of Paris Agreement (3)
- 175 Parties have ratified of 197 Parties to the Convention - On 5 October 2016, the threshold for entry into force of the Paris Agreement was achieved when at least 55 Parties to the Convention accounting in total for at least an estimated 55 % of the total global greenhouse gas emissions deposited their instruments of ratification. The Paris Agreement entered into force on 4 November 2016. - US and China have ratified but future of US uncertain as President Trump announced in June 2017 that the US would withdraw
Lucas v. SC Coastal Council (5)
- 1986 - David Lucas paid $975,000 for 2 residential lots on Isle of Palms, SC - 1988 - South Carolina enacted Beachfront Management Act - Act barred Lucas from building houses on the property - SC State Court found that the Act rendered Lucas' property valueless - Question is whether the Act accomplished a regulatory taking
Environment Secretariat (2)
- 200 people and headed by UNEP's executive director - Responsible for coordinating environmental programs, provides advisory services
Hazard Identification Methods: Short-term studies (Toxic Substance)
- Effects in single cell organisms - If mutation, further study
ESA under Obama Administration:
- Interior Secretary Ken Salazar rescinded the ESA regulation issued by the Bush administration, which eliminated the long-standing "Section 7 consultation" requirement for scrutiny of any proposed activities that might harm a listed species. - "By rolling back this 11th hour regulation, we are ensuring that threatened and endangered species continue to receive the full protection of the law," Salazar said.
TSCA Now/LSCA: The new law, which received bipartisan support in the House and the Senate, includes much needed improvements such as:
- Mandatory requirement for EPA to evaluate existing chemicals with clear and enforceable deadlines; - New risk-based safety standard; - Increased public transparency for chemical information; and - Consistent source of funding for EPA to carry out the responsibilities under the new law.
Toxic Substances Control Act (TSCA) - New Chemicals
- New chemicals are regulated separately under TSCA - premanufacturing notice (PMN) must be submitted 90 days before manufacture or importation of any new chemical for sale or use in commerce
Aftermath of TVA v. Hill (2)
- One can see the snail darter controversy as a watershed movement in the ebb and flow of the environmental movement . - Conservative forces managed to turn the snail darter episode to their own purposes. Environmentalists were ridiculed as activists who cynically used a fish no one cared about to stop economic progress.
LSCA
- Providing EPA with a full range of options to address the risks of substances including labeling requirements, use restrictions, phase-outs or other appropriate actions - Setting aggressive and attainable timelines for EPA to complete its work - Promoting cooperation between state and federal regulators while creating a strong national chemical regulatory system, ensuring interstate commerce is not disadvantaged - Strengthening protections for the most vulnerable like infants, children and the elderly - Protecting Confidential Business Information (CBI)
Endangered Species - Section 7 (2)
- Section 7 of the ESA imposes on all federal agencies a duty to avoid acting in ways that might "jeopardize" the existence of any listed species. - This is implemented through a requirement to "consult" if actions proposed or are about to authorize others to undertake may jeopardize a listed species. Agencies consult with the Fish and Wildlife Service (or National Marine Fisheries Service) to determine whether listed species are present and how to avoid the jeopardy.
Lautenberg Chemical Safety Act: (LCSA) strengthens TSCA by:
- Subjecting all new and existing chemicals to an EPA safety review - Requiring EPA to focus on chemicals that are the highest priorities for full risk-based safety assessments - Strengthening transparency and the quality of science used to make EPA decisions - Expanding EPA's ability to require additional health and safety testing of chemicals - Allowing industry to request that EPA conduct a safety assessment on a specific chemical
World Commission on Environment and Development (3)
- created by General Assembly in 1983 to formulate long-term strategies to attain sustainable development by 2000 and beyond - Sustainability has become important focus in global community - Pres. Gorbachev founded Green Cross International in 1993 to work towards a sustainable future
U.S. Supreme Court Rapanos and Carabell Wetlands Cases (3)
- Such takings, which amount to eminent domain by the back door, were in the spotlight at the Supreme Court in 2006, when oral argument took place on a pair of cases emanating from Michigan. - The first involves developer, John Rapanos, who has been fined millions of dollars for filling in three parcels of property alleged to contain wetlands. - The second involves developers June and Keith Carabell, who were prevented from building a 112-unit condo complex in suburban Detroit after regulators determined it might jeopardize the "navigable waters" of the United States.
Recent Political Developments with ESA: (3)
- The Bush administration announced in August 2008 that it planned to streamline new regulations that would overhaul the Endangered Species Act. - The proposed regulatory changes to Section 7 would give federal agencies the power to determine whether their own projects threaten endangered animals and plants, eliminating mandatory independent reviews by government scientists. - Projects, including highways, power plants and dams, would only face independent review if an agency determined a negative or uncertain effect on endangered wildlife.
United Nations (2)
- an international organization founded in 1945 after the Second World War by 51 countries committed to maintaining international peace and security, developing friendly relations among nations and promoting social progress, better living standards and human rights - Now 193 member nations
Regulation of Wetlands & Coastal Areas (3)
1. Migratory Bird Rule 2. Marine Protection, Research, and Sanctuaries Act of 1972 3. Coastal Zone Management Act of 1972
Lujan v. Defenders of Wildlife (2)
- issue of Standing under Endangered Species Act - Plaintiffs did not have standing to bring suit under the Endangered Species Act, because the threat of a species' extinction alone did not establish an individual and nonspeculative private injury.
what is the hisroy of the international water treaty
- it happenend back in the 2500 BC, when two Sumerian city-states crafted an agreement ending a water dispute along the Tigris River - often said to be the first treaty of any kind. Since then, a large body of water treaties has emerged.
what did the Supreme Court ruled on Lucas v. SC Coastal Council
- ruled that a regulation that forbade construction on the owner's land thus depriving him of all economically beneficial uses constituted a per se taking unless the proscribed use interests were not part of the title originally. - In other words, a law or decree with the effect of depriving all economically beneficial use must do no more than duplicate the result that could have been achieved in the courts under the law of nuisance.
TVA v. Hill
- the 1978, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law - The court affirmed an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat. - the Supreme Court resolved an intragovernmental dispute between TVA and the Interior Department as well as the claims of the local opponents of the dam
Recent developments: 7 of Hawaii's yellow-faced bees
- were listed as endangered in response to years of concern over these specific pollinators - Only one type of bee managed to reach the Hawaiian islands on its own and evolved into 63 known species - now in danger of extinction
how can types of private bodies can be recognized as NGOs at the UN?
. They only have to be independent from government control, not seeking to challenge governments either as a political party or by a narrow focus on human rights, non-profit-making and non-criminal
which agencies are responsible of Public Lands?
1. Bureau of Land Management 2. Fish and Wildlife Service 3. Forest Service and National Park Service
DAMAGES (2)
1. Compensatory damages compensate the plaintiff for medical bills, lost wages, pain and suffering and are designed to put the plaintiff back in the position they would have been in if they had never been exposed to the toxic substance 2. Punitive damages punish the defendant when their conduct was "extremely egregious" or "willful and wanton" - Punitive damages deter others and encourage compliance with testing
TSCA was enacted in 1976 with 3 objectives:
1. Data on environmental effects of chemicals must be developed by industry 2. Government must have adequate authority to prevent unreasonable risk of 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 (3)
1. Governing Council 2. Environment Secretariat 3. Environment Fund
Pesticide Registration: EPA can cancel a pesticide's registration if it poses an unreasonable risk (2)
1. Issues of disposal, reimbursement 2. Dumping on foreign markets - food source for U.S.
Recent Developments (pesicide)
1. Pesticide Environmental Stewardship Program (PESP) - 1994 voluntary cooperative program by EPA, USDA and FDA (r&d, grants & education) 2. Under FIFRA, at least 34 registrations canceled and 60 toxic inert ingredients eliminated 3. EPA began investigating and evaluating inert ingredients in 1997
MARPOL Convention (6)
1. Pollution by Oil 2. Noxious Liquid Substances Caried in Bulk 3. Harmful Substances Carried in packages 4. ship sewage 5. ship garbage 6. air pollution from ships
Forests (4)
1. Regulate climate, reduce air pollution 2. absorb carbon dioxide 3. provide wildlife habitats 4. prevent erosion and filter over 2/3 of our water supply
what was the holding of TVA V. Hill? (2)
1. The Court held that Congress enacted the Endangered Species Act to "halt and reverse the trend towards species extinction, whatever the cost," and prohibited the dam's completion. 2. Congress later exempted the dam from the act and the dam was completed, but by then, snail darter populations had been discovered in other locations.
uEPA will register pesticides if:
1. The pesticide's composition warrants the proposed claims for it 2. It is properly labeled 3. It will perform its function without unreasonable risks to people and environment 4. It will not cause unreasonable risk to the environment
Public Lands 2 approaches
1. Utilitarians - focus on using resources sustainably 2. Preservationists - focus on preserving wilderness areas as they are; nature has inherent value
Pesticide Registration: Conditional Registration - less than 5 yr. (3)
1. When pesticide is substantially similar to a currently used pesticide 2. No significant harm would result from the pesticide 3. Conditional registration can be granted for time needed to submit data
Transboundary Pollution (2)
1. When pollution generated in one nation is transported to another nation 2. When 2 countries share a common resource and one contaminates that resource
EPA and OSHA must determine and balance risk involving toxic substances ( 1. Risk assessment 2. Risk management)
1. process of characterizing potentially adverse consequences, preliminary to risk management 2. process of making policy decisions based on assessed risk
People and Ecosystems
1/2 of the world's wetlands were lost last century. Logging and conversion have shrunk forests by as much as half. Some 9% of the world's tree species are at risk of extinction; tropical deforestation may exceed 130,000 square km per year. Fishing fleets are 40% larger than the ocean can sustain. Nearly 70% of the world's major marine fish stocks are overfished or are being fished at their biological limit. Soil degradation has affected 2/3 of the world's agricultural lands in the last 50 years. Some 30% of the world's original forests have been converted to agriculture. Dams, diversions or canals fragment almost 60% of the world's largest rivers. 20% of the world's freshwater fish are extinct, threatened or endangered.
what is the average number of pesticides that citizens encounters everyday?
10 to 13 different pesticides everyday through food and drink.
UN predicts world population will peak at
11 billion in 2200
Paris Agreement
12 December 2015 - An historic agreement to combat climate change and unleash actions and investment towards a low carbon, resilient and sustainable future was agreed by 195 nations in Paris.
Prevalence (commoness) of Chemicals: Between 1945-1985, there was a
15-fold increase in production of synthetic organic chemicals, from 6.7 million tons per year to 102 million tons per year
how many countries ratified te Kyoto Protocol treaty
192
UN Convention on Biological Diversity - how many nations have ratified
192 nations and EU
Pesticide Environmental Stewardship Program (PESP)
1994 voluntary cooperative program by EPA, USDA and FDA (r&d, grants & education)
First U.S. commercial scale biomass gasification demonstration plant
1998
(Hydrogen Fuel) Resurgence of interest in US and abroad:
2015 EU initiative: the London Mayor's Office and others launched a $51.6 million project to develop hydrogen fuel cell-powered electric cars and hydrogen refueling stations across five EU states
what percent does the forest cover the US?
33%
how many states have wind facilities in the US
40 states
Toxic Substances Control Act PMNs: how many days does EPA has to take action to limit production
45 days. EPA must select "least burdensome control"
FIFRA: how long does pesticide registration last?
5 years and notice of cancellation will be published in the Federal Register if no request for renewal is received
World population is estimated to reach
7,500,000,000 on April 24, 2017
WASTE CONTROL AND MANAGEMENT: Alternatives are reduce, reuse, recycle waste
75 % of waste is recyclable
World's population is increasing at the rate of
86 million per year
The listing, the first time a bumble bee species in the U.S has received protection under the Endangered Species Act, follows an
87% decline in the species population since the late 1990s, according to the U.S. Fish and Wildlife Service (FWS). Rusty patched bumble bees now remain in just 13 states, down from 28.
how many licensed nuclear power plants in the United States?
98
what is reffered as toxic torts?
A growing area of legal liability for injuring others by releasing toxic substances
What does "endangered" mean?
A species is listed under one of two categories, endangered or threatened, depending on its status and the degree of threat it faces.
The Global Commons
Areas of the Earth that cannot easily be partitioned and belong to no one, but preserve and maintain lives of us all
Loss of Biological Diversity (2)
At least 2/3 of all land-dwelling species inhabit the tropical rain forests which are being rapidly destroyed Estimates of species loss range from 4,004 to 17,500 species per year
The Forest Reserve Act of 1891
Authorized the President to set aside land for natioanl forests
The Forest Reserve Act of 1891
Authorized the President to set aside public forests as National Parks and other reserves
what has asbestos been used for?
Because of its fiber strength and heat resistant properties, it is used for wide range of manufactured goods, mostly in building materials (roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products), friction products (automobile clutch, brake, and transmission parts), heat-resistant fabrics, packaging, gaskets, and coatings
Wetlands can be: (12)
Bogs Bottomland Hardwoods Fens Mangrove Swamps Marshes Swamps Prairie Potholes Playa Lakes Pocosins Vernal Pools Wet Meadows Wet Tundra - Alaska
Some acts regulate toxins
CAA, CWA
Solar Energy (4)
Can be used in one centralized location or in individual locations Must be sufficient year-round sunlight California and Texas are only states with utilities generating solar power Solar thermal plants use collectors to focus sunlight on pipes that carry oil-based heat-transfer fluid that produces steam that drives a turbine to generate electricity
Hazard Identification Methods: (Toxic Substance)
Comparisons of molecular structures - Comparisons to known carcinogens Short-term studies - Effects in single cell organisms - If mutation, further study Animal bioassay data - Looking for consistent positive results among both sexes and strains and species Epidemiological data - Looking for positive association between exposure and disease- limited reactive vs. proactive method
Hazard Identification Methods: Comparisons of molecular structures (Toxic Substance)
Comparisons to known carcinogens
when was CERCLA/SUPERFUND passed?
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) was passed in 1980
Governing Council (3)
Council - delegates 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
(hydropower) Dams (3)
Dams are licensed by the Federal Energy Regulatory Commission (FERC) Global concern over environmental impacts led to World Commission on Dams Environmental groups argue that dams lead to an irreversible loss of species and ecosystems
Coastal Zone Management Act plans must include 9 elements including (3)
Definition of permissable land uses in the zone that will impact coastal waters Definition of beach and plan for protection and access to public beaches Planning process for studying and controlling erosion
FIFRA: who occasionally grants conditional registration for less than 5 years?
EPA, when the pesticide is substantially similar to another
International Law - Enforcement (3)
Enforcement presents great difficulty UN Security Council is primary source of enforcement of international law UN has International Court of Justice - it only decides cases submitted by parties who agree to be there
Customary Law Principles (4)
Equitable utilization1. Good neighborliness 2. Duty of Due Diligence 3. Equitable utilization 4. Duty to Inform and Cooperate
who is responsible for food packaging?
FDA
name a well known toxic tort case
Fischer v. Johns-Manville Corporation - asbestos case
Inconsistencies between FIFRA and FFDCA led to the passage of The
Food Quality Protection Act in 1996
who manages forests?
Forest Service
Large source of biodiversity
Forests
what is most recent addition to LRTAP?
Gothenburg Protocol (1999)
what is the most popular renewable energy source?
Hydropower
Hydropower
Inexpensive and no air pollution Of 76,000 dams, more than 2500 are used to generate power Primary environmental impact is on fish - fish ladders or fish elevators or screens Low dissolved oxygen in water affects organisms downstream
The American Academy of Pediatrics links pesticides to ___
cancer and a handful of neurological conditions such as ADHD and autism.
Marine Pollution - 1973 treaty
International Convention for the Prevention of Pollution from Ships/(MARPOL) Convention
IUCN = International Union for Conservation of Nature
International Union for Conservation of Nature, founded in 1948 as the world's first global environmental organization - helps the world find pragmatic solutions to most pressing environment and development challenges
Hazard Identification Methods: Animal bioassay data (Toxic Substance)
Looking for consistent positive results among both sexes and strains and species
Hazard Identification Methods: Epidemiological data (Toxic Substance)
Looking for positive association between exposure and disease - limited reactive vs. proactive method
LSCA: protecting (CBI?)
Protecting Confidential Business Information
TSCA Reformed 2016
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends the Toxic Substances Control Act (TSCA)
Theory of strict product liability:
One who sells any product in a defective condition, unreasonably dangerous, to the user or consumer or to his property is subject to liability for the physical harm caused if: •The seller is engaged in the business of selling such a product •It is expected to reach the consumer without substantial change in the condition in which it is sold
Estuary Restoration Act of 2000 (3)
Passed as part of Estuaries and Clean Waters Act Goal - Restore 1 million acres of estuary habitat by 2010 Established Estuary Habitat Restoration Council
who signed the Healthy Forests Restoration Act of 2003
Pres. Bush in the name of fire prevention
Green Cross International
Pres. Gorbachev founded in 1993 to work towards a sustainable future
Among the conservation benefits authorized for threatened and endangered plants and animals under the ESA are: (5)
Protection from being jeopardized by Federal activities; restrictions on take and trafficking; A requirement that the FWS develop and implement recovery plans for listed species under U.S. jurisdiction; Authorization to seek land purchases or exchanges for important habitat; and Federal aid to State and Commonwealth conservation departments with cooperative endangered species agreements. Listing also lends greater recognition to a species' precarious status, encouraging conservation efforts by other agencies (foreign, Federal, State, and local), independent organizations, and concerned individuals
Public first become aware of major health issues with pesticides as a result of___
Rachel Carson's Silent Spring
Tolerances are ____ for meat, poultry, and some egg products
enforced by FDA and USDA/Food Safety Inspection Service
Federal Land Policy and Management Act was passed in 1976 (2)
Requires Secretary of Interior to take any action necessary to prevent unnecessary degradation of the lands Requires Bureau of Land Management to prepare plans for the 450 million acres of land it administers - similar plans are required for USDA under the National Forest Management Act
½ nuclear generators in the U.S. were scheduled to be closed down between 2005 and 2015 (3)
Resurgence under George W. Bush; Cheney believed nuclear power should account for higher percentage of U.S. electricity In 2005, NRC certified the development of a new type of reactor - Advanced Passive Reactor Future of nuclear power remains uncertain due to public disapproval, safety concerns and high closing costs - resurgence under Obama administration before Fukishima
International Regulation - Treaty signed in 1998 that requires PIC parties to provide export notification
Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Prior Informed Consent/PIC)
what are sources from the forest for the pharmaceuticals?
Source of recreation, timber, minerals, food, and raw materials
Principle 21 of the Stockholm Declaration
States 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
(basal convention) All parties must dispose of hazardous waste in an "environmentally sound manner"
Takes all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes
The Future - More NGO Involvement : (3)
The Nature Conservancy has brokered the largest debt-for-nature swap under the Tropical Forest Conservation Act — a deal that will secure long-term, science-based conservation for Costa Rica's tropical forests: The United States will forgive $26 million in debt owed to it by Costa Rica. This move will in turn provide necessary funds that will be used to finance forest conservation in Costa Rica over the next 16 years, protecting one of the world's richest natural treasures for future generations.
This (Rio convention) convention set out a framework for action aimed at stabilizing atmospheric concentrations of greenhouse gases (GHGs) to avoid "dangerous anthropogenic interference with the climate system."
The UNFCCC which entered into force on 21 March 1994, now has a membership of 197 parties
Endangered Species - Section 10
The other vitally important provision is added by Congress when it amended the law in 1982 and allowing private parties to take listed species provided that the take is "incidental" to otherwise lawful activity and is accompanied by an approved "habitat conservation plan."
•how exactly does a species become listed under the ESA?
The process is cumbersome, complex, and generally poorly understood. It can happen two different ways: 1. through the petition process or 2. through the candidate assessment process.
Endangered Species - Section 4
The process of listing a species as threatened or endangered is supposed to be accompanied by "critical habitat designation," although designation accompanies less than 10% of all listing decisions
Where is the estuary located?
They are located at the lower end of a river and are subject to tidal fluctuations Estuaries are the most productive water bodies in the world.
what can be intentional or negligent?
Torts
True or False. Decommissioning plants is much costlier than expected
True
where does EPA listed all chemicals used or produced in 1979?
U.S. between 1975-1979 and categorized those chemicals as high priority or not
which US president did not ratify Kyoto Protocol
U.S. signed in 1998 but it was not ratified under President Bush
Conventional international environmental law is rooted in ___ (2)
UN Conference on the Human Environment in Stockholm in 1972 This meeting produced the Stockholm Declaration which contained 26 principles and 109 recommendations
International political response to climate change began at the Rio Earth Summit in 1992, where the 'Rio Convention' included the adoption of the
UN Framework Convention on Climate Change (UNFCCC).
International Regulation (food safety)
UN's Food and Agriculture Organization created a voluntary procedure in 1989 - Country acting to ban a pesticide would report ban to UN/FAO - UN/FAO would report to importers - Importing nation notifies UN/FAO of intent to cease or continue receiving product
the only developed country where large population increases are still projected, mostly because of immigration. Nearly 3/5 of the 4.8 billion people in developing countries lack basic sanitation, almost 1/3 have no access to clean water, 1/4 lack adequate housing, and 1/5 lack access to modern health services
US
Section 11 of ESA deals with
enforcement of the statute. It provides both civil and criminal penalties for knowing violations of the law.
Snail Darter
When the Tennessee Valley Authority (TVA) was nearing the completion of its Tellico Dam in 1973, scientists discovered a previously unknown species, the snail darter (Percina tanasi). The dam's completion would have eradicated the only known population of the species.
Toxic Substances Control Act PMNs: how many days does Manufacturer can do as it proposed within expiration
a 90 day period (unless EPA takes action to restrict)
Estuary
a body of water formed where freshwater from rivers and streams flows into the ocean, mixing with the seawater. Estuaries and the lands surrounding them are places of transition from land to sea, and from freshwater to saltwater
What is a tort?
a common law cause of action to seek recovery when one party has been injured by another
Public Trust Doctrine
a common-law doctrine of property law, customized by each state, which establishes public rights in navigable waters and on their shores.
define Strict product liability
a form of strict liability applicable when consumers are injured by products containing toxic substances
When does overpopulation occur?
a population's density exceeds the capacity of the environment to supply the health requirements of an individual, according to EPA.
FQPA created ___
a single, health-based standard for all pesticide residues in food
USFWS database: ECOS Environmental Conservation Online System
a website database that allows you to check species status by common or scientific name and you can also check by state, geographic region or critical habitat
how many renewable energy sources was consumped in 2017?
about 11% of our total energy consumption and 25% of that is from hydropower
Debt for Nature Swaps - in 2013, the US govt
agreed to redirect $31.8 million in debt payments owed to the US Agency for International Development (USAID) by the Philippines to establish a conservation fund for endangered rainforests across the Asian archipelago
Marine Protection, Research, and Sanctuaries Act of 1972
allows NOAA to designate areas as marine sanctuaries
The Resource Conservation and Recovery Act (RCRA) of 1976
amended the Solid Waste Disposal Act, addresses solid (Subtitle D) and hazardous (Subtitle C) waste management activities.
why was Coastal Zone Management Act (CZMA) amended?
amended to require each state to develop a nonpoint source pollution control program - Coastal Zone Reauthorization Amendment Act
Define wetland
an area covered with water all or part of the year
According to EPA, a toxic substance is
any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin.
Swampbuster Bill
any persons who produce crops on wetlands that were converted after 1985 will be ineligible for federal farm benefits
Pesticides
any substances used to kill rodents, insects, fungi, bacteria and weeds
what are some controversies of wind energy
are about location, aesthetics of wind farms, NIMBY, possible bird kills
LSCA: Setting aggressive and
attainable timelines for EPA to complete its work
Coastal Zone Management Act of 1972
authorizes Congress to provide matching funds to coastal states to assist in developing management plans for coastal lands
Toxic Substances Control Act PMNs how PMN does EPA receives
between 1,000-2,000 PMNs per year
Endangered Species - Section 9 AKA
called the most powerful piece of wildlife legislation in the world. Most of the legal interest focuses on the term "take," which is broadly defined to mean "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect" a listed species.
FIFRA: what happens if the a general use pesticide meets the standards set by EPA
can be sold in any quantity
Under FIFRA, at least 34 registrations
canceled and 60 toxic inert ingredients eliminated
what is Customary Law
defined by Article 38 of the statute of the International Court of Justice as having its source in state practice, in the "general principles of law that are recognized by civilian nations, and in the judicial decisions and teachings of respected jurists
But the Endangered Species Act itself has changed during the Obama years, and critics say that
despite the impressive numbers, it's actually become more business-friendly and less effective at protecting wildlife.
Pres. Bush planned to allocate $1.2 billion as part of his energy policy to
develop hydrogen as a fuel
how are hazardous waste identified?
either by characteristic or by listing
FIFRA was enacted
enacted in 1947
TSCA has not been amended since
enacted in 1976. Many believed TSCA should be reformed
Lucas v. SC Coastal Council - When government regulation of private property "goes too far" and deprives the landowner of the value of his land through
enactment of a statute, promulgation of a regulation, refusal to issue a permit, or declaration of land as a wetland, as endangered species habitat or as unsuitable for mining, such a taking also may be compensable. This is known as a REGULATORY TAKING.
Air pollution generated in one part of the world can
end up hundreds or thousands of miles from generation
During Obama's presidency, 29 species recovered
enough to be taken off the endangered species list, more than under all four presidents before him (George H. W. Bush did not delist any species). 340 were added, far more than under his predecessor, George W. Bush.
Population stresses _____
environment and resources such as food and water
No EU nation-state can set up ___
environmental standards that would keep another member from competing in its markets
when was The Hazardous Substances Response Trust Fund, or Superfund established?
established in 1980 to finance emergency response and remedial response activities
Duty to Inform and Cooperate
ex. existence of a minefield
when did EU first began
first began to address environmental policy in 1972
In 1979, Convention on Long Range Transboundary Air Pollution (LRTAP) was
first legally binding instrument to deal with the problem (air pollution)
Food Safety: FQPA mandates that pesticides be tested
for endocrine disruption potential
Only forests owned by federal government are covered by
forest regulations
How are fossil fuels (coal, natural gas and oil) formed?
from decaying prehistoric plants and animals
(Hydrogen Fuel) where is hydrogen derived from?
from methane and petroleum but could be derived from water, biomass and other renewable sources
The Hazardous Substances Response Trust Fund, or Superfund was intended to be a rotating fund
funds incurred in cleanup would be recovered from responsible parties (potentially responsible parties - PRPs)
FIFRA: A pesticide can be registered for a
general or restricted use
What is a toxic substance?
generally more harmful at lower concentrations and may potentially bioaccumulate
Under RCRA, hazardous waste needs to be tracked from the point of
generation (cradle) to its ultimate fate (grave)
who governs the Forest and Rangelands Renewable Resource Planning Act of 1974 and the Public Rangelands Act of 1978?
govern the use of rangelands
More locally-based groups, referred to as _______ , have become active at the global level
grassroots organizations or community based organizations
Debt for Nature Swaps - US 2006
has concluded a debt-for-nature swap with Paraguay. The more than seven million dollar write-off will fund conservation of the Atlantic Forest of Alto Parana.
what had FDP been doing since FQPA was passed?
has focused its residue data collection activities on foods highly consumed by infants and children.
Solid wastes are also considered hazardous if EPA
has listed them on 1 of 4 lists it developed to identify hazardous waste
Nuclear Regulation from EPA
has the authority to regulate high-level nuclear wastes, setting standards for radioactive emissions to protect the environment and human health Debate exists over whether NRC or EPA should regulate nuclear wastes
FIFRA: Restricted use pesticides have the potential to
have an unreasonable impact
Generator is responsible for determining whether it is producing solid waste and whether that waste has a
hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity
In 2014, a report by UNEP and the World Meteorological Organization confirmed that the ozone layer is
healing and will return to pre-1980 levels by mid-century, demonstrating that a long-term commitment to tackling environmental challenges brings benefits to human health and economic prosperity that outweigh initial investments
what does the Atomic Energy Act of 1954 protect?
human health and environment from excessive exposure to radiation
what is a waste generator responsible for?
identifying whether a material is a waste, and whether it is hazardous and must ensure that the waste is handled appropriately even after it leaves the facility
where is CITES implemented in the US
implemented through the Endangered Species Act •There are significant enforcement issues with CITES
when did the term NGO (Nongovernmental Organizations) come into currency
in 1945 because of the need for the UN to differentiate between participation rights for intergovernmental specialized agencies and those for international private organizations
when was the Endangered Species Act passed?
in 1973
when did the Montreal Prptocol came into forces?
in 1989, it began repairing the ozone layer by phasing out ozone-depleting substances
Rio Summit/Earth Summit
in 1992, delegates from 172 nations met to address worldwide environmental issues
when did Kyoto Protocol become effective?
in 2004 when Russia ratified the treaty
Wind Energy can be used only
in appropriate climates
More than 3,600 treaties related to international water resources have been drawn up since 805 AD. The majority of these deal with ___
navigation and boundary demarcation. The focus in the last century has shifted away from navigation towards the use, development, protection and conservation of water resources.
In 2011 alone, 16 new chemicals accounted for
nearly 1 million pounds. There is far too little testing of these substances: Only a fraction of the nearly 3,000 high-production-volume (HPV) chemicals — chemicals that have an annual production run of at least one million pounds — have been studied for their potential toxicity
A variety of legal theories are used in toxic tort cases. what are the most common theories?
negligence and strict product liability •Plaintiff will often file a complaint alleging both of these causes of action
EU acts as a _____
negotiator for its member states but member states individually ratify treaties unless they give EU express authority to ratify
Pesticides: through natural selection ..
newer, stronger strains of the organism can evolve
Do scientist know the health effects of these pesticide residues.?
no (Pesticides in Food)
Fifth Amendment
no person shall be deprived of life, liberty, or property without due process of law: nor shall private property be taken for public use, without just compensation
Good neighborliness
no state is entitled to use its land in a way that would infringe on the rights of others
did the US ratified PIC?
no, but it has stricter requirements in place
UN Convention on Biological Diversity- has the US ratify the treaty
no. they have signed by not ratified the treaty
Toxic Substances Control Act PMNs: EPA publishes
notice of receipt of all PMNs (within 5 days of receipt)
what is the most troublesome probem of Nuclear Energy?
nuclear waste like (1) High level radioactive liquids (2) Transuranic wastes (3) spent nuclear fuel (4) low ;evel radioactive waste
Duty of Due Diligence
obligation to protect the rights of other states
EPA is required to set tolerance levels for pesticide residue___
on food through the Federal Food, Drug and Cosmetics Act (FFDCA)
In 1964, Congress passed the Wilderness Act which created the National Wilderness Preservation System. what does it say?
once land is designated a wilderness, its use is restricted
World Bank
one of the primary sources of funding for projects in developing countries
what is an "endangered" species?
one that is in danger of extinction throughout all or a significant portion of its range.
what is an "threatened" species?
one that is likely to become endangered in the foreseeable future. To help conserve genetic diversity, the ESA defines "species" broadly to include subspecies and (for vertebrates) distinct populations
UN Convention on Biological Diversity - First President Bush
opposed on grounds that it would not adequately protect biotechnology
In California, wind produces enough power for
over 500,000 homes
how many chemicals listed on TSCA's Chemical Substance Inventory without EPA having much information of risk
over 84,000
One of the most severe problems globally is
overpopulation
why are the old growth forest valuable?
particularly valuable to preservationists; trees are hundreds or thousands of years old
To address noncompliance, nations met in Kyoto in 1997 and _____
parties to the convention agreed that they would reduce collective emissions of 6 greenhouse gases by average of 5% from 1990 levels by 2008-2012
Pesticides in Food: Because of widespread use of agricultural chemicals in food production, ___
people are exposed to low levels of pesticide residues through their diets
The Energy Policy Act of 2005 amendment include
periodic inspections of tanks, training requirements for operators and protections for drinking water
Eminent Domain
power of the US government to force a citizen to sell property. If your land is needed for a road, for example, you cannot, by refusing to sell, require the road to be built elsewhere.
UN Convention on Biological Diversity - Clinton
signed treaty after drawing up interpretive language to protect US patents, battle for ratification still in Congress
what are the types of solid waste on RCRA?
solids, liquids and gases
what are renewable fuels?
sources of energy that are continuously renewed
EU nation-state can set up environmental standards
standards that would keep another member from competing in its markets
what are some the major requirement in Food Quality Protection Act?
stricter safety standards, especially for infants and children, and a complete reassessment of all existing pesticide tolerances.
Endangered Species - Section 11 authorizes citizen
suits against any person alleged to be in violation of the ESA and against the Secretary (of Interior or Commerce, as appropriate) for failure to perform a nondiscretionary duty imposed by the law, such as listing of a species when evidence allegedly shows that it is clearly in danger.
Under the 5th and 14th Amendment of the US Constitution, our government can
take private property for necessary government use as long as it pays the property owner "just compensation"
(Biomass Energy) why does EPA works with landfills?
to capture methane gas (greenhouse gas) generated from landfill waste
the essence/basis of the Public Trust Doctrine is ____
that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land
•Pesticides are regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which was passed in 1947
there are several amendment bear on environmeantal policy including
the Fifth amendment and its "takings clause"
According to UNEP, international law identifies four global commons:
the High Seas; the Atmosphere; Antarctica; and, Outer Space.
what does ESA directs?
the Secretary of the Interior to list species of plants and animals as threatened or endangered and the Secretary delegates that duty to the Fish and Wildlife Service for and the National Marine Fisheries Service (for marine species)
what is the most influential intergovernmental organization
the UN which was established in 1945
The Energy Policy Act of 2005 included
the Underground Storage Tanks Compliance Act which strengthened control of USTs
what does the Public Trust Doctrine "premise" or assumes?
the fact that such waters and shores have been used as common areas for food, travel, and commerce since time immemorial.
what did the RCRA established?
the framework for a national system of solid waste control
In 1974, Nature published research by two scientists unveiling the
the link between man-made chemicals and the degradation of the Earth's ozone layer—the shield that protects all life from harmful ultraviolet radiation.
where are pestcides found?
they are found in the fat cells of every human tested, in most rivers, in 90% of wells, and in the majority of groundwater.
what are all hazardous waste TSDFs required to do?
they are required to obtain a permit
According to OSHA (Occupational Safety and Health Administration), toxic substances are defined as
those chemicals which are capable of causing harm. In this definition, the term chemicals includes dusts, mixtures, and common materials such as paints, fuels, and solvents.
Pesticide Registration: Reregistration applies to pesticides registered before November 1984 because
those usually do not meet today's standards
Early homestead acts gave land to
those who were willing to develop
why must new TSDFs obtan permit?
to begin operating
Over 109 million acres have been designated as
wilderness areas, the highest level of conservation protection for federal lands
Does TSCA addresses old and new chemicals separately?
yes
FIFRA: Could EPA deny registration?
yes, but applicant has 30 days to address
what happens after you land is taken from your from the government?
you must receive its fair market value or "just compensation" in exchange for your loss of its use.
General Agreement on Tariffs and Trade (GATT)
¡103 nation agreement - cover international trade in goods ¡Key environmental provision states that nations have the right to enact environmental, health and safety legislation they choose, as long as "necessary" and "least trade restrictive" ¡US has lost 2 environmental law battles under GATT by GATT trade judge panel
Agenda 21
¡Blueprint for Sustainable Development ¡Addresses diverse issues such as hazardous waste, human health, and ocean pollution ¡Includes program to aid Third World countries clean up pollution and replant forests at an estimated cost of $125 billion per year
The Future - UN && US
¡Internationally, NGOs are working with the UN to promote sustainable development in the Third World and developing countries ¡In the United States, there are numerous public interest groups and environmental law firms & attorneys that are taking on the environmental issues that we have covered locally, nationally and globally
Debt for Nature Swaps
¡New way to protect biodiversity is a contractual arrangement called debt for nature swaps - when conservation parks or sustainable use areas are set aside and legally protected in exchange for cancellation of a portion of that nation's foreign debt ¡First used in Bolivia in 1987 by Conservation International (CI) ¡CI, Nature Conservancy and World Wildlife Federation are most involved
Rio Declaration
¡Statement containing 27 principles that call for a link between environmental protection and development. ¡Outlines rights of poor nations to develop in responsible ways
Rio Summit - Forests & Climate Change (2)
¡Statement of principles called for sustainable forest management ¡Agreement to reduce greenhouse gases that was followed by Kyoto Protocol and now Paris Agreement
The Montreal Protocol (3)
§ In 1974, Nature published research by two scientists unveiling the link between man-made chemicals and the degradation of the Earth's ozone layer—the shield that protects all life from harmful ultraviolet radiation. § In 1989, the Montreal Protocol came into force and began repairing the ozone layer by phasing out ozone-depleting substances. § In 2014, a report by UNEP and the World Meteorological Organization confirmed that the ozone layer is healing and will return to pre-1980 levels by mid-century, demonstrating that a long-term commitment to tackling environmental challenges brings benefits to human health and economic prosperity that outweigh initial investments
Basel Convention Objectives (3)
§ Minimize the generation of hazardous wastes §Dispose of wastes as close to the source as possible §Reduce the movement of hazardous waste
Preservation of Biological Diversity - Convention on International Trade in Species of Endangered Wild Fauna and Flora (CITES) (2)
§ has been characterized as most successful of all treaties § Ratified by 178 nations, CITES is designed to prohibit international trafficking in endangered wildlife species and products
LRTAP - Fundamental principles include protecting humans and the environment from air pollution by: (3)
§ limiting, reducing, and preventing long-range transboundary air pollution; § developing policies and strategies to combat air pollution; and § sharing information on methods of air pollution reduction
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (3)
§ main source of international law on hazardous waste §Basel Convention has 168 parties and went into effect in 1992 §U.S., Haiti and Afghanistan have signed but not ratified the Basel Convention and are not parties to it
what does the Kyoto Proto allow? (2)
§Allows international emissions trading - allows countries in developing world to use emission reductions to contribute to their compliance with greenhouse gas reduction §More controversial aspect of treaty was developing countries are not bound by emission targets
Hazardous Waste (3)
§More developed countries ship their wastes to less developed countries §Countries are running out of storage space for hazardous waste §Some countries not equipped to properly dispose
Destruction of Ozone Layer (3)
§Ozone layer is global commons area §In 1987, 24 nations and EC signed Montreal Protocol on Substances That Deplete the Ozone Layer §A Multilateral Fund was set up in conjunction with the treaty to aid developing nations in transitioning from ozone-depleting chemicals
Madrid Protocol
§Protocol on Environmental Protection to the Antarctic, it was created in 1991 to designate Antartica as a natural reserve §Requires environmental impact assessments, waste management plans, prevention of marine pollution plans, and an environmental emergency plan before any activity is approved
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (2)
§a 2006 regulation of the EU, adopted for the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the EU chemicals industry §Promotes alternative methods for the hazard assessment of substances in order to reduce the number of tests on animals
The IUCN Red List of Threatened Species
§is widely recognized as the most comprehensive, objective global approach for evaluating the conservation status of plant and animal species. The Red List has grown in size and complexity and now plays an increasingly prominent role in guiding conservation activities of governments, NGOs and scientific institutions
CITES (Species are listed under Appendices I, II, and III)
• Appendix I - species are endangered and trade in these species will be authorized under only the most extraordinary circumstances • Appendix II - species are not now threatened but may become threatened if traded • Appendix III - A nation protects within its jurisdiction and seeks cooperation from other nations to protect
Transboundary Pollution •Restatement (Third) of the Foreign Relations Law of the U.S.: (2)
•1)A state may bring a claim against another state for violation of an international obligation through diplomatic channels or through any procedure to which the two states agreed •2)A state may bring claims for violations of international obligations resulting in injury to its nationals
Waste management figures from 2015
•52.5% in landfills •12.8% in incinerators •34.7% in recycling and composting
ESA Numbers (4)
•As of November 5, 2018, 1660 US species are listed as endangered or threatened and 2344 species listed total (US and foreign) •29 species have been proposed for listing •Only 78 species have ever been delisted •There are 605 distinct active recovery plans
CONTAMINATED SITES
•Before CERCLA, the federal govt. could not do much about responding to a hazardous material spill or a site contaminated with hazardous material •Under CERCLA, there are removal actions to stabilize or clean up a hazardous site and remedial actions to provide permanent remedies
RCRA VIOLATIONS
•Criminal liability - must prove that the violator committed the act knowingly; not required for civil liability •Criminal actions can result in fines and imprisonment •EPA also may pursue civil action to obtain compliance with RCRA - including injunctive relief, fines and daily penalties for noncompliance
Legal causes of action have elements that must be proven. what are the elements for Negligence? (4)
•Defendant owed a duty of care to the plaintiff •Defendant failed to meet this duty of care •Failure caused injury to the Plaintiff •Plaintiff suffered a compensable injury
•Definition of solid waste has expanded over time •EPA has exempted 3 kinds of materials from the definition of solid waste based on its subsequent use:
•Directly in a production product •As a direct substitution for a commercial product •If it is returned to the production process as a feedstock •In all 3 cases the material must be used without reclamation
Listing as Result of Court Order (bald eagles) (2)
•Due to a court order (3/08), bald eagles in the Sonoran Desert of central Arizona were again protected as "threatened" under the Endangered Species Act. The U.S. Fish and Wildlife Service would publish an emergency interim rule in the Federal Register to comply with the court order. •FWS had decided not to list in response to a petition and on January 5, 2007, the petitioners filed a legal challenge against the Service's 90-day finding decision.
Tips to help reduce pesticide residues on the food you eat: (8)
•Eat a variety of fruits and vegetables to minimize the potential of increased exposure to a single pesticide •Thoroughly wash all produce, even that which is labeled organic and that which you plan to peel •Wash your produce under running water rather than soaking or dunking it •Dry produce with a clean cloth towel or paper towel when possible. •Scrub firm fruits and vegetables, like melons and root vegetables •Discard the outer layer of leafy vegetables, such as lettuce or cabbage. •Peel fruits and vegetables when possible •Trim fat and skin from meat, poultry, and fish to minimize pesticide residue that may accumulate in the fat
Air Pollution - Gothenburg Protocol (2)
•sets emission limits by 2010 for sulfur, nitrogen oxides, VOCs, and ammonia •There are 20 countries, including the U.S., who are parties to this protocol
Northern Spotted Owl Case
•In 1980s, the Forest Service discovered that population of northern spotted owls was dwindling due to destruction of habitat by logging •Forest Service knew that listing the owl would stop logging in the Northwest so they set aside habitats in old growth forests - environmentalists said this wasn't enough
response of the Northern Spotted Owl Case
•In 1992, in response to court orders, the Fish and Wildlife Service designated 6.9 million acres in Oregon, Washington and California as critical habitat for the owls •In 1993, President Clinton called a summit on the issue which resulted in the creation of the National Forest Plan
causation (tort case)
•In any legal theory of liability for injury by toxic substances, the plaintiff must establish that the defendant's conduct/product CAUSED the plaintiff's harm •PROOF IS DIFFFICULT - difficult to link the toxic substance definitively with the physical problem plaintiffsuffered •Enterprise or market share theory
RCRA specifies solid waste will be considered hazardous waste if:
•It causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or waste •It poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed
POTENTIALLY RESPONSIBLE PARTIES (PRPS)
•Liability of PRPs is retroactive, so that companies are responsible for their hazardous substances regardless of the time of disposal (or whether they were in compliance at the time of the disposal) •Courts have extended Superfund liability broadly to ensure that Superfund is replenished •CERCLA does not replace common liability under toxic tort laws
5 Documents came out of the Rio Summit
›Agenda 21 ›Rio Declaration ›Biodiversity Agreement ›Forest Protection ›Climate Change
UNDERGROUND STORAGE TANK PROGRAM
•Most Underground Storage Tanks (USTs) in the U.S. are gasoline tanks, sometimes other flammable industrial chemicals •Leaks in USTs can contaminate groundwater •EPA specifically regulates USTs and in 1998, completed a comprehensive review of UST Regulations
BROWNFIELDS (3)
•New industry is reluctant to site facilities in preexisting industrial sites because of the wide net of liability under CERCLA •EPA has encouraged redevelopment of contaminated sites through its Brownfield Economic Redevelopment Initiative •EPA may agree to a covenant not to sue a prospective developer to allay liability concerns
•According to ESA, a species can be threatened or endangered because of: (3)
•Present or threatened destruction, modification or curtailment of its habitat or range •Overutilization for commercial recreation, scientific, or educational purposes •Inadequacy of existing statutory mechanisms •Other natural or manmade factors affecting its continued existence
Ocean Dumping - London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972)
•Prohibits deliberate dumping of high-level radioactive waste at sea •Other waste is divided into annexes and regulated accordingly - some waste may be dumped with a "special permit"
ESA Section 7 (2)
•Section 7 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 •Section 7 has been a powerful tool to protect habitat which is vital to protecting the species
Global Extinction (Species)
•Species extinction is occurring at about 50 times the normal background rate •Leading causes of extinction include habitat loss or degradation, exploitation and the introduction of nonnative invasive species •The World Conservation Union estimates that approximately 24% of all mammal species and 12% of all bird species will face extinction during the 21st century
Marine Pollution (2)
•State Responsibility for Marine Pollution obligates countries to prevent, reduce and control any significant pollution of the marine environment
COP 21 (2)
•known as the 2015 Paris Climate Conference, met for the first time in over 20 years of UN negotiations, to achieve a legally binding and universal agreement on climate, with the aim of keeping global warming below 2°C. •An agreement was reached in Paris on December 12, 2015.
Superfund Amendments and Reauthorization Act of 1986 (SARA) (4)
•State and local govts are required to develop emergency response and preparedness plans •Every state must have an emergency response commission •Each local planning committee is required to prepare comprehensive emergency response plans •Toxic Release Inventory (TRI) is made available on EPA's web site to give the public info about risk from chemicals
Superfund Amendments and Reauthorization Act of 1986 (SARA) includes 3 subtitles:
•Subtitle A - emergency planning •Subtitle B - hazardous chemical reporting •Subtitle C - public access to facility information
•The main objective of the annual Conference of Parties (COP) is to review the UNFCCC's implementation.
•The first COP took place in Berlin in 1995 and significant meetings since then have included COP3 where the Kyoto Protocol was adopted, COP11 where the Montreal Action Plan was produced, COP15 in Copenhagen where an agreement to succeed Kyoto Protocol was unfortunately not realized and COP17 in Durban where the Green Climate Fund was created.
Fischer v. Johns-Manville Corporation (Trial & Apellate court)
•Trial court awarded the Plaintiff damages for exposure 40 years earlier •Appellate court found that Johns-Manville's conduct "knowingly and deliberately" subjected the plaintiff and other asbestos workers to serious health hazards with disregard for their safety and wellbeing
NATIONAL PRIORITIES LIST (NPL) (4)
•Under CERCLA, contaminated sites are scored on the basis of potential exposure to surface water, groundwater, air and soil •Sites scoring high enough are listed on the National Priorities List (NPL) •Only NPL sites are eligible for remedial action •EPA is not obligated to clean up sites in any particular order
STRICT PRODUCT LIABILITY: When does a defective condition become "unreasonably dangerous?"
•Varies by state court interpretation •Consumer expectations test - if more dangerous than the reasonable consumer would expect it to be then unreasonably dangerous •Feasible alternatives test - were there other less dangerous feasible alternatives available?
what does the Endangered Species Act state? (3)
•Various species of fish, wildlife, and plants have been rendered extinct because of economic growth and development •Other species of fish, wildlife, and plants have become so depleted in numbers that they are in danger of or threatened with extinction •These species of fish, wildlife, and plants are of aesthetic, ecological, educational, historical, recreational, and scientific value
Air Pollution - •Geneva Protocol (2)
•addressed problems of volatile organic compound (VOC) emissions •required parties to reduce VOC emissions by 30% of 1984-1990 levels by 1999
Air Pollution - •Sofia Protocol (2)
•called for reductions in nitrogen oxides to below 1987 levels by 1994 and to develop national emissions standards for new sources of nitrogen oxide emissions •The U.S. chose to use 1978 level rather than the 1987 level
Air Pollution - Aarhaus Protocol (2)
•dealt with heavy metal emissions by requiring parties to reduce emissions of cadmium, lead and mercury below 1990 levels •reduces emissions of persistent organic pollutants (POP) for parties with the goal of ultimate elimination of POPs
what happens once a species is listed as endangered
•it cannot be harassed, harmed, pursued, hunted, shot, wounded, killed, trapped, captured or collected •Violations can result in criminal sanctions •There has been litigation over the word "harm" and it has been broadly interpreted so that a private property owner may not develop land to modify the habitat of an endangered species to the extent that species may die