BE 325-Ch. 18
Other federal agencies with authority for regulating specific environmental matters include
-Department of the Interior -Department of Defense -Department of Labor -Food and Drug Administration -Nuclear Regulatory Commission
Elements of CERCLA (Superfund)
1) It established an information-gathering and analysis system that enables the government to identify chemical dump sites and determine the appropriate action 2) It authorized the EPA to respond to hazardous substance emergencies and to arrange for the clean-up of a leaking site directly if the persons responsible for the problem fail to clean up the site 3) It created a Hazardous Substance Report Trust Fund (Superfund) to pay for the clean-up of hazardous sites using funds obtained through taxes on certain businesses 4) It allowed the government to recover the cost of clean-up from the persons who were responsible for hazardous substance releases.
The EPA can clean up the site and recover the cost of the clean-up from the following persons
1) the person who generated the wastes disposed of at the site 2) the person who transported the wastes to the site 3) the person who owned or operated the site at the time of the disposal 4) the current owner or operator Someone who falls into one of these categories is known as a Potentially Responsible Party (PRP)
Toxic Tort
A civil wrong arising from exposure to a toxic substance, such as abestos, radiation, or hazardous waste
BACT vs BPCT
Best available control technology - guidelines requires the most effective pollution-control equipment available Best practical control technology - guidelines that specify that existing sources are subject to timetables for the installation of BACT equipment and must immediately install equipment that utilizes this
MACT
Maximum Achievable Control Technology
T/F Businesses that engage in ultra hazardous activities --such as the transportation of radioactive materials -- are strictly liable for any injuring the activities cause
T In a strict liability action, the injured party does not need to prove that the business failed to exercise reasonable care
Major Federal Environmental Statutes: Small Business Liability Relief and Brownfield Revitalization Act
To allow developers who comply with state voluntary clean-up programs to avoid federal liability for the properties that they decontaminate and develop
Major Federal Environmental Statutes: Clean Air Act
To control air pollution from mobile and stationary sources
Major Federal Environmental Statutes: Federal Insecticide, Fungicide, and Rodenticide Act
To control the use of pesticides and herbicides
Major Federal Environmental Statutes: Federal Water Pollution Control Act
To eliminate the discharge of pollutants from major sources into navigable waters
Major Federal Environmental Statutes: Oil Pollution Act
To establish liability for the clean-up of navigable waters after oil spills
Major Federal Environmental Statutes: Resource Conservation and Recovery Act
To establish standards for hazardous waste disposal
Major Federal Environmental Statutes: National Environmental Policy Act
To limit environmental harm from federal government activities
Major Federal Environmental Statutes: Rivers and Harbors Appropriations Act
To prohibit ships and manufacturers from discharging and depositing refuse in navigable waterways
Major Federal Environmental Statutes: Ocean Dumping Act
To prohibit the dumping of radiological, chemical, and biological warfare agents and high-level radioactive waste into the ocean
Major Federal Environmental Statutes: Endangered Species Act
To protect species that are threatened with extinction
Major Federal Environmental Statutes: Safe Drinking Water Act
To regulate pollutants in public drinking water systems
Major Federal Environmental Statutes: Superfund
To regulate the clean-up of hazardous waste-disposal sites
Major Federal Environmental Statutes: Toxic Substances Control Act
To regulate toxic chemicals and chemical compounds
Nuisance
a common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property
"Private" nuisance
a distinct harm separate from that affecting the general "public" nuisance. In order to obtain relief from pollution under the nuisance doctrine, a property owner may have to identify this -Individuals were denied "standing" or access to the courts if they could not establish this
National Environmental Policy Act (EIS)
a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action's impact and explore the alternatives Must analyze: 1) The impact on the environment that the action will have 2) Any adverse effects on the environment and alternative actions that might be taken 3) Any irreversible effects the action might generate
Joint and Several Liability
a person who generated only a fraction of the hazardous waste disposed of at the site may nevertheless be liable for all of the clean-up costs
Clean Water Act
an amendment to the FWPCA, passed in 1972 established the following goals 1) make waters safe for swimming 2) protect fish and wildlife 3) eliminate the discharge of pollutants into the water
Superfund imposes strict liability on PRPs, and that liability cannot be avoided through transfer of ownership
thus, selling a site where hazardous wastes were disposed of does not relieve the seller of liability, and the buyer also becomes liable for the clean-up *applies to businesses merging as well
Wetlands
water-saturated, protected areas of land that support wildlife and cannot be filled in or dredged without a permit