env 4307 final exam
what is the global environmental facility?
to finance projects focused on environmental protection - established in 1991
what act controls toxic substances?
toxic substances control act (TSCA) - under EPA
how does Basel convention define hazardous waste?
toxic, poisonous, explosive, corrosive, flammable, eco-toxic, or infectious
what does the future for nuclear energy look like?
uncertain, due to public disapproval, safety concerns, & high closing costs > resurgence under Obama admin before Fukishima
what is national estuary program?
under 1987 CWA amendments - EPA issues grants after conservation & management plan for estuaries are developed > 28 estuaries in program
what is regulatory taking?
under 5th & 14th amendment of US constitution, the government can take private property for necessary use as long as it pays the property owner "just compensation" - refers to situations in which a regulation denies the property owner all "economically viable use of his land"
how are pesticides regulated?
under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - passed in 1947
what is the UN?
united nations - international organization - founded in 1945, after WWII, by 51 countries > now has 193 member nations
why have many species become endangered/extinct?
various species of fish, wildlife, & plants have been rendered extinct because of economic growth & development - other species of fish, wildlife, & plants have become so depleted in numbers that they are in danger of or threatened wtih extinction
what is determined an NGO by UN?
virtually all types of private bodies - 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, non-criminal
why are landfills possibly harmful?
waste in landfills may become hazardous or migrate to groundwater, surface water, or air
why was the snail darter important in this case?
when TVA was nearing completion of its Tellico dam in 1973, scientists discovered a previously unknown species (snail darter) - dam's completion would have eradicated the only known population of the species
why is asbestos harmful?
when asbestos-containing materials are damaged or disturbed by repair, re-modeling, or demolition activities, microscopic fibers become airborne & can be inhaled into lungs --> cause significant health problems
what is coal's use for energy?
- most plentiful fossil fuel, approx. 90% of US hydrocarbon reserves - supplies about 25% of total energy needs - generates 34% of our electric power (primary source for electric power generation)
what is hydropower?
- most popular renewable energy source > of 76,000 dams, more than 2,500 are used to generate power
problem with developing countries?
- nearly 3/5 of the 4.8 B people in developing countries lack basic sanitation - almost 1/3 have no access to clean water - 1/4 lack adequate housing - 1/5 lack access to modern health services
what are the protections under ESA? continued
- once a species is listed as endangered, it cannot be harassed, harmed, pursued, hunted, shot, wounded, killed, trapped, captured, collected > violations can resulting criminal sanctions
how has the wilderness act been enacted?
- over 109 M acres have been designated as wilderness areas - highest level of conservation protection for federal lands
what must countries do according to Basel convention?
- parties may indicate whether they will accept certain forms of hazardous waste if exported to them - importing countries are bound to decline hazardous waste if they cannot dispose of it properly > less developed countries cannot accept
what is the estuary restoration act of 2000?
- passed as part of estuaries & clean waters act - goal: restore 1 M acres of estuary habitat by 2010 - established estuary habitat restoration council
what is the wilderness act?
- passed by congress in 1964 - created National Wilderness Preservation system > once land is designated a wilderness --> use is restricted
where are international law sources derived from?
- treaties, agreements entered into by nation-states - principles from long-standing practices > customary law - intergovernmental agencies - non-governmental organizations (NGOs)
history of energy policy? - Reagan
- tried to abolish department of energy > only able to reduce DOE's authority, reduce spending for conservation, research for renewable energy sources - Kuwait war brought some attention to our dependence on foreign oil again, renewed interest in national energy policy
what are the 2 approaches to public lands?
- utilitarians: focus on using resources sustainably - preservationists: focus on preserving wilderness areas as they are, nature has inherent value
when does a defective condition become "unreasonable dangerous"?
- varies by state court interpretation - consumer expectations test: if more dangerous than the reasonable consumer would expect it to be --> unreasonably dangerous - feasible alternatives test: were there other less dangerous feasible alternatives available?
what are toxic torts? continued
- variety of legal theories are used in toxic tort cases > most common are negligence & strict product liability - plaintiff will often file a compliant alleging both of the causes of action
what is the UNEP environment secretariat?
200 people & headed by UNEP's executive director - responsible for coordinating environmental programs, provides advisory services
where is the world's fastest growing population?
Africa
what is the Geneva protocol?
addressed problems of volatile organic compound (VOC) emissions - required parties to reduce VOC emissions by 30% of 1984-1990 levels by 1999
what is the estimated effect of these fuel standards?
agencies estimate that the standards will save up to 2 B barrels of oil & reduce CO2 emissions by 1.1 B metic tons over the lifetime of MYs 2018-2029 vehicles, providing up to $230 B in net social benefits
who regulates public lands?
agencies responsible are: - Bureau of Land management - fish & wildlife service - forest service & national park service
what are the requirements of energy policy & conservation act of 1975?
car & light truck manufactures are required to meet corporate average fuel economy (CAFE standards), but lobbying by auto industry has kept fuel standards from increasing
why is CITES important?
characterized as most successful of all treaties
what are the legal systems & government agencies' roles?
charged with responsibility of making sure public is safe from chemicals while encouraging development of helpful chemcials
who cleans up oil spills?
coast guard
what is the goal of the UN?
committed to maintaining international peace & security, developing friendly relations among nations, promoting social progress, better living standards & human rights
what does public trust doctrine do?
common-law doctrine of property law, customized by each state, establishes public rights in navigable waters & on their shores - promised on the fact that such waters & shores have been used as common areas for food, travel, commerce since time immemorial
what are compensatory damages?
compensate the plaintiff for medical bills, lost wages, & suffering - are designed to put the plaintiff back in the position they would've been in if they had never been exposed to the toxic substance
what addresses sites contaminated with hazardous waste?
comprehensive environmental response, compensation & liability act (CERCLA or superfund) - passed in 1980
what are the drawbacks for wind energy?
controversies about location (noise), aesthetics of wind farms, NIMBY, possible bird harm
what is CITES?
convention on international trade in species of endangered wild fauna & flora - designed to prohibit international trafficking in endangered wildlife species & products - ratified by 178 nations
what addressed the problem of air pollution?
convention on long-range transboundary air pollution (LRTAP) - in 1979 - 1st legally binding instrument to deal with the problem
what is another source of international environmental law?
conventional international law is rooted in UN conference on the human environment in Stockholm in 1972 - meeting produced the Stockholm declaration which contained 26 principles & 109 recommendations
recent use of debt for nature swap?
costa rica - protecting 1 of the world's richest natural treasures for future generations
what is general agreement on tariffs & trade (GATT)?
covers international trade in goods - 103 nation agreement - key environment provision states that nations have right to enact environmental, health, & safety legislation they choose, as long as "necessary" & "least trade restrictive"
what is the world commission on environment & development (WCED)?
created by general assembly in 1983 to formulate long-term strategies to attain sustainable development by 2000 +
how many nuclear power plants are in the US?
currently, 98 licensed power plants
what does section 11 of ESA do?
deals with enforcement of the statue - provides both civil & criminal penalties for knowing violations of the law
what is the Aarhaus protocol?
dealt with heavy metal emissions by requiring parties to reduce emissions of cadmium, lead, & mercury below 1990 levels - 2nd Aarhus protocol reduces emissions of persistent organic pollutants (POP) for parties with goal of ultimate elimination of POPs
what is the impact of this recent development?
in the past, environmental groups have petitioned for 100's of species at a time (useful strategy if many species in an ecosystem are facing the same threats) - now they must file for 1 at a time
why is the energy policy act of 2005 relevant to USTs?
includes USTs Compliance Act --> strengthen control of USTs - amendments include periodic inspections of tanks, training requirements for operations & protections for drinking water
what was the Ramsar convention?
international treaty with 152 parties - 1975 - wetlands are designated as of International importance & country must take steps to conserve & protect wetlands
importance of the case Lujan v. defenders of wildlife?
issue of standing under ESA - plaintiffs did not have the standing to bring suit under the ESA, because the threat of a species extinction did not establish an individual & non-speculative private injury
why is proof difficult?
it is difficult to link the toxic substance definitively with the physical problem plaintiff suffered
how is international law enforced?
it is greatly difficult - UN security council is primary source of enforcement > UN has international court of justice: only decides cases submitted by parties that agree to be there
what was the Reagan & bush admin's position on energy?
it was abundant
how is waste managed in US?
landfills are primary waste management tool
what is negligence?
legal causes of action have elements that must be proven - negligence elements: > defendant owed duty of care to plaintiff > defendant failed to meet duty of care > failure caused injury to plaintiff > plaintiff suffered compensable injury - in toxic tort cases, defendant has a duty to warn plaintiffs/general public of known or knowable dangers resulting from specific uses of product
what is the public trust doctrine?
legal principle derived from english common law - essence of the doctrine is that waters of the state are a public resource owned by & available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation, & similar uses > trust is not invalidated by private ownership of underlying land
what is a benefit under ESA?
listing of a species lends greater recognition to a species precarious status, encouraging local conservation efforts by other agencies (foreign, federal, state, & local), independent, & concerned individuals
how has GATT affected the US?
lost 2 environmental law battles under it by GATT trade judge panel
history of energy policy? - Carter
made major changes - National Energy Plan - created department of energy
what is the Basel convention on the control of transboundary movements of hazardous wastes & their disposal?
main source of international law on hazardous waste - has 168 parties - went into effect in 1992 > US, haiti, & Afghanistan have not ratified it, not parties to it
what does section 9 of ESA do?
makes it illegal for "any person" to import, take, sell, deliver, or carry a listed species
what is market share liability?
manufacturer that produced a defective product that was sold interchangeably with other brands of same product could be held responsible for that % of plaintiff's injuries proportionate to the market share the defendant had at the time of the plaintiff's exposure
what is the status of marine pollution for animals?
marine mammal science conference said pollution (not hunting) threatens whales most
what is inverse condemnation?
means that a property has been so over-regulated that the gov may have well condemned it - often, an affected property owner will ask a court to force the government to commence condemnation proceedings
what is the current trend of NGOs?
more locally-based groups, referred to as grassroots organizations or community-based organizations, have become active at the global level
what is the food quality protection act?
most comprehensive & historic overhaul of nation's pesticide & food safety laws in decades - amended FIFRA & FFDCA by fundamentally changing the way EPA regulates pesticides
what is the IUCN's red list of threatened species?
most comprehensive, objective global approach for evaluating conservation status of plant & animal species - plays prominent role in guiding conservation activities of governments, NGOs, & scientific intuitions
what is general registration?
most desirable, meets standards set by EPA & can be sold in any quantity
how is hazardous waste dealt with?
most developed countries ship their waste to less developed countries - countries are running out of storage space for it - some not equipped to properly dispose of it
why are estuaries important?
most productive water bodies in world - located at lower end of a river & subject to tidal fluctuations
what is the Gothenburg protocol (1999)?
most recent addition to LRTAP - sets emission limits by 2010 for sulfur, nitrogen oxides, VOCs, ammonia - 20 countries (including US) party to it
what is a PMN?
pre-manufacturing notice - must be submitted 90 days before manufacture or importation of any new chemical for sale or use in commerce
why are HCP & ITP of importance?
preparation & review of "habitat conservation plans" as a precursor to the issuance of "incidental take permits" is a major business, involving developers, consultants, & agency personnel
who founded green cross international?
pres. gorbachev - in 1993 - to work towards a sustainable future
who are old-growth forests so valuable to?
preservationists - trees are hundreds or thousands of years old
what is the migratory bird rule?
prevents corps of engineers from issuing permit to develop a wetland if it would disrupt migratory bird habitat
what is the TSCA?
primary federal law designed to regulate toxic substances
what addresses transboundary pollution?
principle 21 of the Stockholm declaration - states have the sovereign right to exploit their own resources pursuant to their environmental principles, & the responsibility to ensure that activities within their jurisdiction do not cause damaged to the environment of other states
how does a species become listed under ESA?
process is cumbersome, complex, & generally poorly understood - can happen 2 ways: > through petition process > through candidate assessment process
what is a risk assessment?
process of characterizing potentially adverse consequences, preliminary to risk management > EPA & OSHA must determine & balance risk involving toxic substances
what does section 4 of ESA state?
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 - known as listing provision
what is risk management?
process of making policy decisions based on assessed risk
what does REACH do in regards to animal testing?
promotes alternative methods for the hazard assessment of substances in order to reduce the number of tests on animals
what is a brownfield?
property which has the presence or potential to be a hazardous waste, pollutant or contaminant
history of energy policy? - Ford
proposed energy policy & conservation act which established the strategic petroleum reserve
what does CERCLA do?
provides mechanisms for reacting to emergency situations & to chronic hazardous material releases
what is the AMS pesticide data program?
provides pesticide residue monitoring to support requirement of increased data involving infant & children - voluntary program for monitoring residues in nation's food supply
history of pesticides?
public 1st became aware of major health issues with pesticides as a result of Rachel Carson's "silent spring" - many pesticides (like DDT) have been taken off the market as a result of the concerns & proof of harm to wildlife or human health
what are punitive damages?
punish the defendant when their conduct was "extremely egregious" or "willful & wanton" - deter others & encourage compliance with testing
what is a toxic tort?
refers to a common law cause of action to seek recovery when 1 party has been injured by another - can be intentional or negligent
what is geothermal energy?
refers to use of heat trapped within earth - hydrothermal energy is most common form > natural hot water reservoirs are tapped for their energy
what is REACH?
registration, evaluation, authorization, & restriction of chemicals - 2006 regulation of EU - adopted for the protection of human health & environment from risks that can be posed by chemicals, while enhancing competitiveness of EU chemical industry
what about new chemicals?
regulated separately under TSCA
what does CERCLA provide?
removal actions to stabilize or clean up a hazardous site & remedial actions to provide permanent remedies - before CERCLA, fed government could not do much about responding to hazardous material spills or contaminated sites
what does ESA section 7 do?
requires all federal agencies to take action necessary to ensure that activities authorized, funded, or carried out by them do not jeopardize the continued existence of endangered or threatened species
what does the Madrid protocol do?
requires environmental impact assessments, waste management plans, prevention of marine pollution, & environmental emergency plan before any activity is approved
what was the UN convention on biological diversity?
requires signatory nations to establish policies to slow plant & animal species loss - 192 nations & EU have ratified
what does FIFRA do?
requires that all pesticides must be registered & labeled before they can be distributed in US
what is RCRA?
resource conservation & recovery act of 1976 - amended solid waste disposal act - addresses solid & hazardous waste management activities
how is transboundary pollution addressed in the US?
restatement (3rd) of the foreign relations law of the US
what is the largest source of oil spill?
runoff - equivalent to the Valdez spill every 8 months
how are wetlands regulated?
section 404 of CWA - requires landowner seeking to add dredged or filled material to a wetland to obtain permit from army corps of engineers - many states also require additional compliance with state regulations
what does the UNFCCC do?
set out framework of action aimed at stabilizing atmospheric concentrations of GHGs to avoid "dangerous anthropogenic interference with the climate system" - entered into force March 1994 - has 197 parties
what is the ozone layer?
shield that protects all life from harmful ultraviolet radiation
what is the importance of section 7 in ESA?
powerful tool to protect habitat - vital to protecting the species
recent development in energy policy? - Obama
"a new foundation"
what is the underground storage tank program?
- most USTs in US are gasoline tanks, sometimes other flammable industrial chemicals - leaks in USTs can contaminate ground water - EPA specifically regulates USTs > in 1998, completed a comprehensive review of UST regulations
what is the UNEP environment fund?
- $5 M from UN - $47.3 M from 110 member countries
how have people affected ecosystems?
- 1/2 world's wetlands were lost in the last century - logging & conversation have shrunk forests by about 1/2 > some 9% of world's tree species are at risk of extinction > tropical rainforest deforestation may exceed 130,000 sq km/year > some 30% of world's original forests have been converted to agriculture - fish fleets are 40% larger than the ocean can sustain > nearly 70% of the world's major marine fish stocks are overfished or being fished at their biological limit - soil degradation has affected 2/3 of the world's agricultural lands in the last 50 years - dams, diversions, canals fragment almost 60% of world's largest rivers > 20% of world's freshwater fish are extinct, threatened, or endangered
history of energy policy?
- 1973 - 1978: energy crisis - organization of petroleum exporting countries (OPEC) cut oil exports to US & Saudi Arabia --> ended all petroleum shipments until Nixon changed pro-israel policies - loss of 2 M barrels/day highlighted US dependency on foreign oil
what is the significance of TVA v. Hill?
- 1978 decision was court's 1st decision interpreting ESA > remains 1 of the most instructive cases in American env law - court affirmed an injunction that prohibited Tennessee valley authority from completing the telco dam because it would eliminate the snail darter's only known habitat - supreme court resolved an intergovernmental dispute between TVA & interior department, as well as the claims of local opponents
what is the timeline of the Lucas v. SC Coastal council?
- 1986: David Lucas paid $975,000 for 2 residential lots on Isle of Palms, SC - 1988: SC enacted Beachfront Management Act > act barred Lucas from building beach houses on property > SC state court found that Act rendered Lucas' property valueless - question is whether act accomplished a regulatory taking
what else addressed air pollution?
- 1987 Helsinki protocol > dealt with emissions of sulfur compounds > 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
how has the destruction of ozone layer (a global commons) been addressed?
- 1987, 24 nations & EC signed Montreal Protocol on substances that deplete the ozone layer - multilateral fund was set up in conjunction with treaty to aid developing nations in transitioning from ozone-depleting chemicals
how often are oil spills?
- 1989, Exxon Valdez dumped 11.2 M gallons of oil into Alaska's prince William sound - other small spills occur on a yearly basis
fuel standard recent rules?
- 2009, Pres. Obama proposed rules requiring higher fuel-economy (lower CO2 emission) standards for automobiles - NHTSA & EPA have issued joint rules for fuel economy & GHGs emission regulations for model year 2017-2024 light-duty vehicles
what was the court's decision in TVA v. Hill?
- court held that congress enacted the ESA to "halt & reverse the trend towards species extinction, whatever the cost" & prohibited the dam's completion - congress later exempted the dam from the act & the dam was completed > snail darter populations had been discovered in other locations
recent developments in energy policy?
- 2009, agreement between federal government, state regulators, & auto industry established national program to implement 1st fuel efficiency improvements in over 30 years, 1st-ever global warning pollution standards for light-day vehicles - agreement grew out of new fuel efficiency standards passed by congress in 2007, Supreme Court's decision in Mass. v. EPA, which precipitated global warming pollution standards enacted in CA & subsequently adapted by 13 other states & DC
what are some recent developments regarding ESA? - Bush
- Bush admin announced in aug. 2008 that it planned to streamline new regulation that would overhaul the ESA - proposed regulatory changes to section 7 would give fed agencies the power to determine whether their own projects threatened endangered animals & plants, eliminating mandatory independent reviews by government scientists > projects, including highways, power plants & dams, would only face independent review if an agency determined a negative or uncertain effect on endangered wildlife
what are other significant COPs?
- COP 3: Kyoto protocol - COP 11: montreal protocol - COP 17: green climate fund
what actions were taken after the big oil spill?
- Carter ordered that all tanks over 20,000 tons be fitted with double hulls & bottoms (not met by 1990 so congress passed oil pollution act) > new target date of double hulls is 2015 - additional liability imposed by CWA
recent development in energy policy? - Bush 2
- DOE has been drafting national energy policy plans since its creation - Bush 2's plans focused on greater reliance on fossil fuels - included opening up Alaska's national wildlife refuge for oil & gas drilling - energy tax incentive act of 2005 did provide some tax credits for energy efficient vehicles - Bush's 2001 national energy policy called for construction of over 1,300-1,900 new power plants
food safety requirements?
- EPA is required to set tolerance levels for pesticide residue on food through Federal Food, Drug & Cosmetics Act (FFDCA) - tolerances are enforced by FDA & USDA/food safety inspection service - FDA is responsible for food packaging - inconsistencies between FIFRA & FFDCA led to passage of the Food Quality Protection Act in 1996
what must EPA do with the PMNs?
- EPA publishes notice of receipt of all PMNs within 4 days of receipt - EPA has 45 days to take action to limit production > EPA must select "least burdensome control" - manufacturer can do as it proposed within expiration of a 90-day period (unless EPA takes action to restrict)
what programs are there for biomass energy?
- EPA works with landfills to capture methane gas (GHG) generated from landfill waste - DOE has biomass program > BioPower Program
what progress has been made for hydrogen fuel use?
- Pres. Bush planned to allocate $1.2 B as part of his energy policy to develop hydrogen as fuel - resurgence of interest in US & abroad > 2015 EU initiative: London Mayor's office & others launched $51.6 M project to develop hydrogen fuel cell-powered electric cars & hydrogen refueling stations across 5 EU states
what are the CAFE standards under Trump?
- Trump admin began process of rolling back tough fuel standards for America's car & light truck fleet - EPA & transportation dept opened public comment period on rewriting standards for GHGs - aug, 2019: EPA & US dept of transportation's national highway traffic safety admin (NHTSA) released notice of proposed rule making Safer Affordable Fuel-Efficient (SAFE) vehicles rule for model years 2021-2026 passenger cares & light trucks --> correct national automobile fuel economy & GHG emission standards to give American people greater access to safer, more affordable vehicles that are cleaner for environment
what documents were created from Rio Summit?
- agenda 21 - rio declaration - biodiversity agreement - forest protection - climate change
why was section 10 developed?
- as a way of defusing political opposition to the ESA - way of allowing private land use developments to move forward - developed by Clinton admin
which acts regulate nuclear energy?
- atomic energy act of 1954: protects human health & environment from excessive exposure to radiation - nuclear waste policy act of 1982: passed to resolve problem of sitting & developing permanent repositories for high-level nuclear waste
how prevalent are chemicals?
- between 1945 & 1985, 15-fold increase in production of synthetic chemicals (6.7 M tons to 102 M tons/year) - worldwide, more than 80,000 chemicals are used everyday (1,500 new ones added each year)
what are 4 globally critical areas GEF identifies?
- biodiversity loss - climate change - degradation of international waters - ozone depletion
what is the Sofia protocol?
- called for reductions in nitrogen oxides below 1987 levels by 1994 - to develop national emissions standards for new sources of nitrogen oxide emissions > US chose to use 1978 level rather than 1987 level
what is needed for wind energy?
- can only be used in appropriate climates > in CA, wind produces enough power for over 500,000 homes > wind facilties in 40 states
what is determined "hazardous" under RCRA?
- causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness - poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed
how are forests managed?
- clear-cutting is used by timber industry more than selective cutting of trees (2/3 of harvesting is clear-cutting) - managed by forest service
what are some issues that impact international environmental law?
- climate change - biodiversity, preservation of critical habitat - ocean pollution
what is coal's impact?
- coal fired power plants contribute about 96% of sulfur dioxide emissions, 99% of mercury emissions, 93% of nitrogen oxide emissions, & 88% of carbon monoxide emissions - mining has negative environmental impacts > Carter enacted Surface mining control & reclamation act to force mining industry to return land to level of productivity equal/greater before mining
what are the benefits of wetlands?
- coast wetlands & estuaries prevent erosion of coastlines - provide food & habitat for many species, migratory birds - home to: > 31% of plant species > 75% of fish caught commercially, 80-90% fish caught recreationally - improves quality of drinking water - prevents flooding - provides natural products for human use
how are hazardous substances identified?
- comparisons of molecular structures: to known carcinogens - short-term studies: effects in single cell organisms, if mutation --> further studies - animal bioassay data: looking for consistent positive results among both sexes, strains, & species - epidemiological data: looking for positive association between exposure & disease (limited reactive vs proactive method)
what are some issues with oil?
- congress passed outer continental shelf leasing act to ensure states can make decisions about development of submerged land off their shores - 1978 amendments to OCSLA require secretary of interior to establish 5-year leasing program - 1990, bush placed 10-year moratorium on new leases for OCS, extended by Clinton - 2003, senate votes to allow interior to do exploratory drilling - 2007, bush proposed a 5-year plan to open up 49 M acres on outer continental shelf to oil & gas drilling - coastal zone management act (CZMA) provides financial assistance to states that balance energy development & environmental factors
what is the US's energy consumption?
- consumes about 1/4 of world's energy production - residential energy use accounts for 21% of total primary energy - commercial energy use accounts for 1/3 of our energy demands - transportation accounts for over 1/4
what does the FQPA require? continued
- created single, health-based standard for all pesticide residues in food - EPA must explicitly address infants & children > directs secretary of agriculture to collect pesticide residue data on commodities most frequently consumed by infants & children - mandates that pesticides be tested for endocrine disruption potential
what happens if RCRA is violated?
- criminal liability: must provide that the violator committed the act knowingly, not required for civil liability > criminal actions can result in fines & imprisonment - EPA also may pursue civil action to obtain compliance with RCRA > including injunctive relief, fines & daily penalties for non-compliance
how is hydropower regulated?
- dams are licensed by federal energy regulatory commission (FERC) - global concern over environmental impacts led to world commission on dams
what is the oil pollution act of 1990?
- each responsible party is liable for removal costs, damage to natural resources, damages for injury to or economic losses from destruction of real or personal property & lost profits because of the injury or destruction of property, natural resources - measure of damages includes cost of restoring, rehabilitating, rejecting, or acquiring the equivalent of the damaged resources, diminution in value of those resources pending restoration & reasonable of assessing those damages
history of energy policy? - Nixon
- established Federal energy office (FEO) within white house in 1973 - established federal energy administration in 1974 - congress instituted national daylight savings time & 55 mph limit to promote energy conservation
who has been delegated ESA?
- fish & wildlife service - national marine fisheries service (for marine species)
what governs the use of rangelands?
- forest & rangelands renewable resource planning act of 1974 - public rangelands act of 1978
what are the customary law principles?
- good neighborliness: no state is entitled to use its land in a way that would infringe on the rights of others - duty of due diligence: obligation to protect the rights of other states - equitable utilization of shared resources: reasonable use of shared resources - duty to inform & cooperate
what are the 3 entities UNEP has?
- governing council - environment secretariat - environment fund
what is the European Union?
- group of 28 European nations - 1st began to address environmental policy in 1972 - no EU nation-state can set up environmental standards that would keep another member from competing in its markets
what are the benefits of hydropower?
- inexpensive, no air pollution
what were the 4 broad objectives of Carter's NEP?
- institutional reform of federal energy planning - greater energy efficient through selective use of market forces & major expansion of regulatory forces - increase federal spending on research & development of technology for energy conservation & productivity - ensure that environmental protection & social equity would be important in these new programs
what are some recent developments regarding ESA? - Obama
- interior secretary ken salazar rescinded the ESA regulation issued by Bush, that 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 & endangered species continue to receive full protection of the law" - Salazar
history of energy policy? - Bush
- introduced national energy strategy (NES) in 1991 > focused on energy security, energy & economic efficiency, future energy supplies, environmental quality, & expanding scientific research & education - as part of NES, bush issued EO on federal energy management > energy use in federal buildings was to be reduced by 20% by 2000 > gas use in gov fleets was to be reduced by 10% by 1995 > all fed agencies had to secure alternative fuel vehicles by 1995
what issues arise when EPA cancels a pesticide registration?
- issues with disposal, reimbursement - dumping on foreign markets (food source for US)
what is the importance of forests?
- large source of biodiversity - regulate climate, reduce air pollution, absorb CO2, provide wildlife habitats, prevent erosion & filter over 2/3 of our water supply - source of recreation, timber, minerals, food & raw materials for pharmaceuticals
what was the deepwater horizon spill?
- largest marine spill in history - caused by an explosion on Deepwater horizon offshore oil platform on April 20, 2010 - leak stopped on July 15 after 96 days - into Gulf of Mexico
what are the benefits of renewable energy?
- less pollution - available domestically - not depleted
what is the oil pollution act of 1990? continued
- liability limits increased to $10 M for ships weighing more than 3,000 gross tons & $75 M for offshore facilities - act banned Exxon Valdez from Prince William sound > any vessels that have spilled more than 1 M gallons of oil after 1989
what are the objectives of the Basel convention?
- minimize generation of hazardous wastes - dispose of wastes as close to the source as possible - reduce the movement of hazardous waste
what is the future outlook for environmental law?
- more NGO involvement > working with UN to promote sustainable development in 3rd world & developing countries - in US, numerous public interest groups & environmental law firms, attorneys taking on environmental issues locally, nationally, globally
when was the endangered species act passed?
1973
recent developments?
- pesticide environmental stewardship program (PESP): 1994 voluntary cooperative program by EPA, USDA, & FDA - under FIFRA, at least 34 registrations have been canceled, 60 toxic inert ingredients eliminated > EPA began investigating & evaluating inert ingredients in 1997
history of FIFRA?
- pesticides were 1st toxic substance to cause public concern & they were 1st to be regulated
what are the drawbacks to hydropower?
- primary environmental impact is on fish > fish ladders, elevators, screens can help - low dissolved oxygen in water affects organisms downstream - environmental groups argue that dams lead to an irreversible loss of species & ecosystems
what does ESA do?
- provides for entering into treaties to protect species on an international level - directs secretary of interior to list species of plants & animals as threatened or endangered > secretary delegated that duty
how does LCSA strengthen the TSCA? continued
- providing EPA with full range of options to address the risk of substances including labeling requirements, use restrictions, phase-outs, other appropriate actions - setting aggressive & attainable timelines for EPA to complete its work - promoting cooperation between state & federal regulators while creating a strong national chemical regulatory system, ensuring interstate commerce is not disadvantaged - strengthening protections for most vulnerable like infants, children, elderly - protecting confidential business info (CBI)
what are alternatives to landfills?
- reduce, re-use, recycle (75% of waste is recyclable)
what does the federal land policy & management act do?
- requires secretary of interior to take any action necessary to prevent degradation of the lands - requires BLM to prepare plans for the 450 M acres of land it administers > similar plans are required for USDA under national forest management act
why are persistent organic pollutants (POPs) so problematic?
- resist degradation - bioaccumulate - highly toxic to people & animals - ability to travel long distances
what are some recent developments for ESA? - Trump
- rusty patched bumblebee gained federal protection after trump admin removed its hold on listing the species as endangered - listing (1st time bumble bee in US has received protection under ESA) follows an 87% decline in species population since late 1990s > rusty patched bumblebees now only remain in 13 states (were in 28)
what does SARA require?
- state & local governments are required to develop emergency response & preparedness plans - every state must have 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 website to give public info about risk from chemicals
what has addressed marine pollution?
- state responsibility for marine pollution: obligates countries to prevent, reduce, & control any significant pollution of marine environment - international convention for the prevention of pollution from ships (MARPOL) convention: 1973 treaty
what does the FQPA require?
- stricter safety standards (especially for infants & children) - complete reassessment of all existing pesticide tolerances
how does LCSA strengthen the TSCA?
- subjecting all new & existing chemicals to EPA safety review - requiring EPA to focus on chemicals that are highest priorities for full risk-based safety assessment - strengthening transparency & quality of science used to make EPA decisions - expanding EPA's ability to require additional health & safety testing of chemicals - allowing industry to request that EPA conduct a safety assessment on a specific chemical
what is the superfund amendments & reauthorization act of 1986 (SARA)?
- subtitle A: emergency planning - subtitle B: hazardous chemical reporting - subtitle C: public access to facility info
what is needed for solar energy?
- sufficient year-round sunlight > CA & TX are only states with utilities generating solar power - can be used in 1 centralized location, or individual locations
how are petroleum & natural gas used for energy?
- supply over 2/3 of US energy needs - NG produces fewer pollutants & constitutes about 30% of domestic energy production > reserves sufficient to last 20-40 years - strategic petroleum reserves temporarily protects US if foreign oil were to become unavailable
recent law involving eminent domain?
- these takings (like in the Lucas case) amount to eminent domain by the back door, & were in supreme court again in 2006 > oral argument took place on a pair of cases emanating from MI - John Rapanos, fined millions of $ for filing in 3 parcels of property alleged to contain wetlands - June & Keith Carabell, prevented from building a 112-unit condo complex in suburban Detroit after regulators determined it might jeopardize the "navigable waters" of the US
what were the 4 duties imposed?
- to prevent transboundary harm - to inform other nations of accounts that may cause harm - to enter into negotiations to handle or negotiate in good faith - when harm has resulted, liability should be determined
what is transboundary pollution?
- when pollution is generated in 1 nation & transported to another - when 2 countries share a common resource & 1 contaminates that resource
what is the world bank?
1 of the primary sources of funding for projects in developing countries - in 1987, an environmental department was established, & borrowers were asked to prepare an environmental issues paper for each loan
what are the 3 objectives of TSCA?
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 environment, particularly imminent hazards 3. government authority must be exercised so as to not create unnecessary barriers to technology
what is the current status of the Paris agreement?
175 of 197 parties have ratified - October 2016: threshold for entry was achieved US & china have ratified but US has withdrawn because of Trump
when was TSCA enacted?
1976
what did the Montreal protocol do?
1989, came into force, began repairing ozone layer by phasing out ozone-depleting substances
when was CZMA amended?
1990 - coastal zone re-authorization amendment act - amended to require each state to develop non-point source pollution control program
what are some recent accomplishments regarding ESA? - Obama
29 species recovered enough to be taken off the endangered species list, more than under all 4 presidents before him
what is the impact of oil spills?
30% of all birds & mammals exposed to oil spills survive longer than a year
what is the global extinction rate?
50x the normal background rate
where in the US constitution is eminent domain justified?
5th amendment - several amendments bear on environmental policy, including 5th amendment & its "taking clause"
what is asbestos?
6 minerals are defined by EPA as asbestos: - chryostile - asmosite - crocidolite - tremolite - anthophyllite - actinolite
what is a development regarding ESA & bees?
7 of Hawaii's yellow-faced bees were listed as endangered in response to years of concern over these specific pollinators - only 1 type of bee managed to reach Hawaiian islands on its own --> evolved into 63 known species & now in danger of extinction
what must the plans required by the coastal zone management act of 1972 include?
9 elements - definition of permissible land uses in the zone that will impact coastal waters - definition of beach & plan for protection & access to public beaches - planning process for studying & controlling erosion
litigation about Exxon Valdez oil spill?
Baker v. Exxon - jury award $287 M for actual damages, $5 B for punitive damages (was equal to a year's profit by Exxon at the time) - Exxon appealed --> punitive damges reduced to $4 B, appealed many more times --> 2008, justice David Souter issued a judgement vacating the $2.5 B award & remanding the case back to a lower court, finding damages were excessive with respect to maritime common law
what is a downfall of the Obama admin in relation to ESA?
actually became more business-friendly & less effective at protecting wildlife
how is nuclear energy waste regulated?
EPA has authority to regulate high-level nuclear wastes, setting standards for radioactive emissions to protect the environment & human health - debate over whether NRC or EPA should regulate nuclear wastes
what is brownfield economic redevelopment initiative?
EPA has encouraged re-development of contaminated sites through this - new industry is reluctant to site facilities in pre-existing industrial sites because of wide net of liability under CERCLA - EPA may agree to a covenant not to sue a prospective developer to allay liability concerns
what is conditional registration?
EPA occasionally grants this for pesticides - for less than 5 years when pesticide is substanially similar to another in current use - no significant harm would result from use - can be granted for time needed to submit data
what is a well-known toxic tort case?
Fischer v. Johns-Manville corporation
what is IUCN?
International Union for Conservation of Nature - founded in 1948 - world's 1st global environmental organization - helps find pragmatic solutions to most pressing environment & development challenges
how has ocean dumping been addressed?
London convention on Prevention of Marine pollution by dumping of wastes & other matter (1972) - prohibits deliberate dumping of high-level radioactive waste at sea - other waste is divided into annexes & regulation accordingly > some may be dumped with "special permit"
what is an example of this act in action?
Northern spotted owl case - 1980s, forest service discovered population of northern spotted owls was dwindling due to destruction of habitat by logging - forest service knew listing the owl would stop logging in the NW --> they set aside habitats in old growth forests - 1992, in response to court orders, FWS designated 6.9 M acres in Oregon, Wa, & CA as critical habitat for the owls - 1993, Pres. Clinton called a summit on the issue which resulted in creation of national forest plan
more recent developments for ESA?
October: core part of the law, citizen petitioning process, was changed - before anyone can ask the federal government to consider listing a species --> new rule requires petitioners to 1st notify the states in which the species is found
recent regulation of wetlands & coastal areas?
Pres. 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
what is the forest reserve act of 1891?
President was authorized to set aside land for national forests
how has climate change been addressed?
Rio summit in 1992 - many nations were falling short of targeted reductions by 2000 - to address non-compliance nations met in Kyoto in 1997 > parties to convention agreed that they would reduce collective emissions of 6 GHGs by average of 5% from 1990 levels by 2008-2012
how are pesticides regulated internationally? continued
Rotterdam convention on the prior informed consent procedure for certain hazardous chemicals & pesticides in international trade - treaty signed in 1998 - requires PIC parties to provide expert notification - created labeling criteria for exporting parties - went into effect in 2004 > US not ratified
which court case deals with ESA?
TVA v. Hill
what is the most influential intergovernmental organization?
UN - created UNEP (UN environmental program) > to effectuate worldwide environmental policies
what is the UNFCCC?
UN framework convention on climate change - International political response, began at Rio Earth summit in 1992 > Rio Convention adopted this
how did the UN address transboundary pollution?
UN general assembly requested the International law commission report on liability for transboundary pollution - 4 duties were imposed on nations
when will the world's population peak?
UN predicts 11 B in 2200
how are pesticides regulated internationally?
UN's food & agriculture organization created voluntary procedure in 1989 - country acting to ban a pesticide would report ban to UN/FAO --> UN/FAO reports to importers --> importing nation notifies UN/FAO of intent to cease or continue receiving product
where can you check species status?
USFWS database: ECOS environmental conservation online system - website database - allows you to check species status by common or scientific name - can also check by state, geographic region, or critical habitat
how much of the US's total energy consumption do renewable fuels provide?
about 11% (2018) - 25% is from hydropower
how much of the US is covered in forests?
about 33%
what has happened over the past 40 years of TSCA?
according to EPA, 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 TSCA enactment - every year, around 4 B pounds of toxic chemicals are released by American industries
how is asbestos used?
according to EPA, because of its fiber strength & heat resistant properties, it has been used for wide range of manufactured goods - building materials - friction products - heat-resistant fabrics - packaging - gaskets - coatings
what is considered a "threatened or endangered" species?
according to ESA: - present or threatened destruction, modification, or curtailment of its habitat or range - over-utilization for commercial recreation, scientific, or educational purposes - inadequacy of existing statutory mechanisms - other natural or manmade factors affecting its continued existence
how many global commons are there?
according to UNEP, international law identifies 4 - high seas - atmosphere - Antarctica - outer space
how many animals will face extinction during 21st century?
according to world conservation union - an estimated 24% of mammals - 12% of all bird species
what does the EU do?
act as a negotiator for its member states, but member states individually ratify treaties unless they give EU express authority to ratify
what is COP 21?
aka Paris climate conference - to achieve legally binding & universal agreement on climate, with aim of keeping global warming below 2 C - agreement reached in pairs, Dec 2015
what is the Madrid protocol?
aka Protocol on environmental protection to Antarctica - created in 1991 - designates Antarctica as natural reserve
what is superfund?
aka hazardous substances response trust fund - established in 1980 - to finance emergency response & remedial response activities - fund was intended to be rotating fund > funds incurred in cleanup would be recovered from responsible parties (PRPs)
what does the Kyoto protocol do?
allows International emissions trading: allows countries in developing world to use emission reductions to contribute to their compliance with GHG reduction
what is the marine protection, research, & sanctuaries act of 1972?
allows NOAA to designated areas as marine sanctuaries
what does section 10 of ESA do?
allows private parties to take listed species provided that the take is "incidental" to otherwise lawful activity & is accompanied by an approved "habitat conservation plan" - important provision of ESA - added when congress amended the law in 1982
what are the protections under ESA?
among conservation benefits authorized for threatened & endangered plants & animals are: - protection from being jeopardized by federal activities, restrictions on take & trafficking - requirement under the FWS develop & implement recovery plans for listed species under US jurisdiction - authorization to seek land purchases or exchanges for important habitat - federal aid to state & commonwealth conservation departments with cooperative endangered species agreements
what is customary law?
another source of international environmental law - defined by article 38 of statute of international court of justice as having its source in state practice in the "general principles of law that are recognized by civilian nations, & in the judicial decisions & teachings of respected jurists"
what is a toxic substance according to EPA?
any chemical or mixture that may be harmful to the environment & to human health if inhaled, swallowed, or absorbed through the skin
what does the swampbuster bill do?
any persons who produce crops on wetlands that were covered after 1985 will be ineligible for federal farm benefits
what are pesticides?
any substance used to kill rodents, insects, fungi, bacteria, & weeds - special category of toxic substances > regulated separately
what does re-registration apply to?
applies to pesticides registered before Nov. 1984 because they usually do not meet today's standards
what are wetlands?
area covered with water all/part of the year - bogs, bottomland hardwoods, fens, mangrove swamps, marshes, swamps, prairie potholes, playa lakes, pocosins, vernal pools, wet meadows, wet tundra (alsaka)
what is the global commons?
areas of earth that cannot be easily partitioned & belong to no one, but preserve & maintain lives of us all
what is another way species can be listed?
as a result of court order
what are the current numbers under ESA?
as of Nov, 2020: 1666 US species are listed as endangered or threatened & 2361 species total - 22 species have been proposed for listing - there are 607 distinct active recovery plans
what are the leading causes of extinction?
habitat loss or degradation, exploitation, introduction of non-native invasive species
what was the Fischer v. Johns-Manville Corporation case about?
asbestos case - trial court awarded the plaintiff damages for exposure 40 years earlier - appellate court found that Johns-Manville's conduct "knowingly & deliberately" subjected the plaintiff & other asbestos workers to serious health hazards with disregard for their safety & wellbeing
how has biological diversity been impacted?
at least 2/3 of all land-dwelling species inhabit the tropical rainforests which are being rapidly depleted > estimated loss of 4,004 to 17,500 species/year
what is Energy policy act of 2005?
attempted to build on EPAct by providing tax incentives & subsidies
what does section 11 do? continued
authorizes citizen suits against any person alleged to be in violation of ESA & against secretary (of interior or commerce) for failure to perform a non-discretionary duty imposed by the law, such as listing of a species when evidence allegedly shows that is is clearly in danger
what is the coastal zone management act of 1972?
authorizes congress to provide matching funds to coastal states to assist in developing management plans for coastal lands
how many pesticides do humans encounter?
average citizen encounters about 10 - 13 different pesticides every day through food & drink - found in fat cells of every human tested - in most rivers, 90% of wells, & majority of groundwater - AAP links pesticides to cancer, handful of neurological conditions (ADHD, autism)
what is the importance of sustainability?
become important force in global community
how many PMNs does EPA receive each year?
between 1,000 & 2,000 - PMN contains info about chemical name, identity, molecular structure, trade names, byproducts, & details about maximum quantities to be manufactured, where it will be manufactured
what is the Kyoto protocol?
binding targets for 27 industrialized countries & the European community for reducing GHG emissions - now has 192 countries - became effective 2004 (after Russia ratified)
how else has biodiversity been addressed?
biosafety protocol - protects biotechnology interests - US also not party
what is agenda 21?
blueprint for sustainable development - addresses diverse issues such as hazardous waste, human health, ocean pollution - includes program to aid 3rd world countries clean up pollution & replant forests (est. cost of $125 B/year)
what is an estuary?
body of water formed where freshwater from rivers & streams flow into the ocean, mixing with seawater - places of transition from land to sea, freshwater to seawater
what does the SAFE rule do?
bring number down to about 40 mpg (was 55 mpg) --> more possible for automakers to achieve
what is biomass energy?
burning organic matter to generate energy - from wood, agricultural waste, municipal garbage, grains, animal manure
how many pesticides are classified as probable or possible carcinogens?
by the EPA, approx. 165 pesticidal chemicals
what is the current trend of nuclear energy?
declining - 1/2 nuclear generators in the US were scheduled to be closed down between 2005-2015 - resurgence under Bush/Cheney > Cheney believed nuclear power should account for high % of US electricity - 2005, NRC certified development of new type of reactor: advanced passive reactor
what is another problem with nuclear energy?
decommissioning plants is much costlier than expected - NRC allows plants to sit idle for up to 60 years before owners must dismantle them > maintaining closed facility can cost up to $10 M/year
what is a toxic substance according to OSHA?
defined as those chemicals where are capable of causing harm > includes dusts, mixtures, common materials like paints, fuels, solvents
what was Rio Summit/Earth summit?
delegates from 172 nations met to address worldwide environmental issues - 1992 - created 5 documents
what is the UNEP governing council?
delegates from 58 member states elected on a rotating basis by the general assembly - responsible for promoting International cooperation in env matters & providing general policy guidance - annually reviews & approves allocation of money from env fund
what is the significance of the Montreal protocol's success?
demonstrates that long-term commitment to tackling environmental challenges bring benefits to human health & economic prosperity that outweigh initial investments
what is hydrogen fuel?
derived from methane & petroleum - but could be derived from water, biomass, or other renewable sources
what is the most controversial aspect of Kyoto protocol?
developing countries are not bound by emission targets
what must all parties to the Basel convention do?
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 & the environment against adverse effects which may result from such wastes
how was the bald eagle listed?
due to a court order - protected as "threatened" under ESA
what do the 1984 hazardous & solid waste amendments (HSWA) require?
each state is required to prepare a solid waste management plan - also implement a permit program for solid waste management facilities that receive hazardous waste
public land in past?
early homestead acts gave land to those who were willing to develop
what is EPAct?
energy policy act - comprehensive law passed by congress in 1992 - addresses issues such as renewable fuels, energy, & environmental, global climate change > attempts to provide coherent energy policy for US > clause allows mortgage incentives for energy efficient homes > goal was to reduce oil vulnerability
how are public lands regulated?
federal land policy & management act - passed in 1976
what is a waste manifest?
for waste being sent offsite - a list that must have all the offsite wastes - provided by transporter to the waste treatment, storage, or disposal facility (TSDF) - goes with the transporter
what is strict product liability?
form of strict liability applicable when consumers are injured by products containing toxic substances
what are fossil fuels?
formed from decaying pre-historic plants & animals - coal - natural gas - oil
what did RCRA establish?
framework for a national system of solid waste control - addresses hazardous & non-hazardous waste
what is LRTAP?
fundamental principals including protecting human rights & the environment from air pollution by: - limiting, reducing, & preventing long-range transboundary air pollution - developing policies & strategies to combat air pollution - sharing info on methods of air pollution reduction
when are toxins harmful?
generally more harmful at lower concentrations, may potentially bioaccumulate
what is air pollution's impact?
generated in 1 part of the world can end up 100s or 1000s of miles from generation
who identifies hazardous waste?
generator is responsible for determining where it is producing solid waste or whether that waste has a hazardous characteristic of ignitable, corrosively, reactivity, or toxicity
who is responsible for handling hazardous waste?
generator must ensure that the waste is handled appropriately even after it leaves the facility - under RCRA, hazardous waste needs to be tracked from point of generation (cradle) to its ultimate fate (grave)
why is section 9 important?
has been 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, possess, hunt, shoot, wound, kill, trap, capture, or collect" a listed species
what is restricted use?
have potential to have an unreasonable impact
how are public lands regulated? continued
healthy forests restoration act of 2003 - signed by Pres. Bush in name of fire prevention - reduces some of the requirements that must be met before logging in certain forests - only forests owned by fed gov are covered by forest regulations
what does the Paris agreement do?
historic agreement to combat climate change & unleash actions & investment towards a low carbon, resilient, & sustainable future - aim to keep a global temp below 2 C & to drive efforts to limit temp increase even further to 1.6 C above pre-industrial levels
how is hazardous waste identified?
identified either by characteristic or listing - solid wastes are also considered hazardous if EPA has listed them on 1 of 4 lists it developed to identify hazardous waste
guidelines for EPA to register pesticides?
if: - pesticides composition warrants the proposed claims for it - properly labeled - will perform its function without unreasonable risks to people & environment - will not cause unreasonable risk to the environment > but what is "unreasonable risk"???
what does section 7 of ESA state?
imposes all federal agencies a duty to avoid acting in ways that might "jeopardize" the existence of any listed species
how are chemicals categorized?
in 1979, EPA listed all chemicals used or produced in US between 1975-1979 & categorized those as high priority or not - 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
what is causation?
in any legal theory of liability for injury by toxic substances, plaintiff must establish that the defendant's conduct/product caused the plaintiff's harm - proof is difficult
what is the NPL?
national priorities list - under CERCLA, contaminated sites are scored on basis of potential exposure to surface water, groundwater, air, & soil > sites scoring high are listed on NPL --> only these sites are eligible for remedial action > EPA not obligated to clean up sites in any particular order
what do the majority of water treaties deal with?
navigation & boundary demarcation - focus in the last century has shifted away from navigation towards use, development, protection, & conservation of water resources
status of present-day TSCA/LCSA?
new law (received bipartisan support) includes improvements such as: - mandatory requirement for EPA to evaluate existing chemicals with clear & enforceable deadlines - new risk-based safety standards - increased public transparency for chemical info - consistent source of funding for EPA to carry out responsibilities under new law
what are debt for nature swaps?
new way to protect biodiversity - contractual arrangement - when conservation parks or sustainable use areas are set aside & legally protected in exchange for cancellation of a portion of nation's foreign debt - CI, nature conservancy, & WWF are most involved
has the US ratified UN convention on biological diversity?
no - Pres. Bush opposed it on grounds it would not adequately protect biotechnology - Clinton signed treaty after drawing up interpretive language to protect US patents > battle for ratification still in congress
has the US ratified Kyoto protocol?
no, US signed in 1998 but Pres. Bush did not ratify
are the toxic effects known of all chemicals?
no, many may not be known for years
what are NGOs?
non-governmental organizations - came into currency in 1945 - because of a need for the UN to differentiate between participation rights for intergovernmental specialized agencies & those for International private organizations
has TSCA been reformed?
not been reformed since enacted in 1976 - between 1976 & 2009, EPA only issued regulations to control 5 existing chemicals - currently over 84,000 chemicals listed on inventory without EPA having much info of risk > many believe that TSCA should be reformed
how is nuclear energy regulated?
nuclear regulatory commission (NRC) - created in 1978 - responsible for regulating nuclear industry
what is the biggest problem with nuclear energy?
nuclear waste - high-level radioactive liquids are created during re-processing of reactor fuels - transuranic wastes: by products of fuel & military waste processing > most dangerous is plutonium - spent nuclear fuel: stored in cooling ponds at reactor sites > technology for recycling not developed - low-level radioactive waste: includes items that have become radioactive through exposure at reactors
what is overpopulation?
occurs when population's density exceeds the capacity of the environment to supply the health requirements of an individual - according to EPA
what is eminent domain?
power that US gov has to force a citizen to sell property - if land is needed for public good - when land is taken, you must receive its fair market value or "just compensation" in change for your loss of its use
how does TSCA address chemicals?
old & new chemicals are addressed separately
what is the theory of strict product liability?
one who sells any product in a defective condition, unreasonable dangerous, to the user or consumer or to his property is subject to liability for the physical harm caused if: - seller is engaged in the business of selling such a product - it's expected to reach the consumer without substantial change in the condition in which it's sold
how many species have ever been delisted?
only 93
what is 1 of the most severe problems globally?
overpopulation - world's population is increasing at a rate of 86 M/year
any progress for a TSCA reform?
past severall congresses have pushed for reform - introduced 2 pieces of legislation in house & senate in 2015 - in 2016, president Obama signed into law the Frank R. Lautenberg chemical safety for the 21st century act (LCSA) which amends the TSCA
what does section 10 of ESA do? continued
permit allows development to occur on the theory that "the taking will not be appreciably reduce the likelihood of the survival & recovery of the species" because of the efficacy of the measures for mitigation contained in the HCP
registration under FIFRA?
pesticide can be registered for general or restricted use - registration lasts 5 years, notice of cancellation will be published in Federal Register if no request for renewal is received
what does the MARPOL convention address?
pollution by oil, noxious liquid substances carried in bulk, harmful substances carried in packages, ship sewage, ship garbage, air pollution from ships
what are PRPs?
potentially responsible parties - liability of PRPs is retroactive > companies are responsible for their hazardous substances regardless of time of disposal (or whether they were in compliance at time of disposal) - courts have extended superfund liability broadly to ensure that superfund is replenished - CERCLA does not replace common liability under toxic tort laws
history of energy policy? - Clinton
signed series of EOs with goals of reductions in GHGs & energy consumption, solar energy for federal faciltiies - plan included voluntary programs like energy star, green partnership (program encouraging use of green power in homes & businesses)
what are some issues with CITES?
significant enforcement issues
what was the aftermath of TVA v. Hill?
snail darter controversy can be seen as watershed movement in the ebb & 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 care about to stop economic progress :/
what is solar energy?
solar thermal plants: use collectors to focus sunlight on pipes that carry oil-based heat-transfer fluid that produces steam that drives turbine to generate electricity
what is solid waste?
solids, liquids, gases - EPA has exempted 3 kinds of materials from definition of solid waste based on its subsequent use > directly in a production product > as a direct substitution for commercial product > if it is returned to the production process as feedstock ** in all 3 cases: material must be used without reclamation
what is a toxic substance?
something directly harmful to humans > toxic substance control act does not specifically define "toxic"
what is enterprise liability?
sometimes toxic tort cases arise after exposure took place several years ago & multiple manufacturers were producing the toxic substance - because of time lapse, plaintiff cannot identify exactly which manufacturer produced the substance they were exposed to --> market share liability
what are renewable fuels?
sources of energy that are continuously renewed - hydropower - solar power - wind - biomass - burning of waste for steam
what does "endangered" mean?
species that is in danger of extinction throughout all or significant portion of its range
what does "threatened" mean?
species that is likely to become endangered in the foreseeable future - to help conserve genetic diversity, ESA defines species "broadly to include subspecies & distinct populations
what is the rio declaration?
statement containing 27 principles that call for a link between environmental protection & development - outlines rights of poor nations to develop in responsible ways
what was Rio summit's action for forests & climate change?
statement of principles called for sustainable forest management - agreement to reduce GHG that was followed by Kyoto protocol & now Paris agreement
who formulates public trust doctrine?
states formulate their own
what addresses POPs?
stockholm convention on POPs went into effect in 2003 > US has not ratified - LRTAP, Basel convention, Rotterdam convention secondarily address POPs
how does population affect the environment?
stresses the environment & resources - food & water
how was the Lucas case related to eminent domain?
supreme court ruled that a law prohibiting beach development was "regulatory taking"
what were the rulings in the Lucas case?
supreme court rules 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 - aka a law or decree with the effect of depriving all economically beneficially use must do no more than duplicate the result that could have been achieved in the courts under law of nuisance
which country is the only developed country with a large increasing population?
the US - only because of immigration
what has caused controversy from the ESA protections?
the word "harmed" - there has been litigation over this word - 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 the species may die
why must endangered species be protected?
these species of fish, wildlife, & plants are of aesthetic, ecological, education, historical, recreational, scientific value
what are TSDFs required to have?
they must obtain a permit - new TSDFs must obtain permit before they begin operating - permitting process is complex & allows for public review > leads to not in my backyard (NIMBY) syndrome
why must these issues be addressed through international law?
they need to be addressed globally to be effective
how is CITES implemented in the US?
through ESA
how is section 7 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 FWS (or national marine fisheries service) to determine whether listed species are present & how to avoid the jeopardy
what is a problem with pesticide use?
through natural selection, newer, stronger strains of organisms (pests) can evolve --> pesticides no longer effective
what is a regulatory taking (in relation to this case)?
when gov regulation of private property "goes too far" & deprives the landowner of the value of his land through enactment of a statue, promulgation of a regulation, refusal to issue a permit, or declaration of land as a wetland, as endangered species habitat or unsuitable for mining, such a taking also may be compensable
what is wind energy?
wind blows into wind turbines, causing them to turn & drive a generator
do other acts regulate toxins?
yes, CAA & CWA
is there any opposition to section 10?
yes, although habitat conservation planning is becoming more proactive & is moving towards large scale bioregional ecosystem management experiments, many in the environmental community detest HCPs & ITPs & consider them little more than licenses to dietary listed species, slowly but surely
is asbestos carcinogenic?
yes, asbestos & all commercial forms of it are known to be human carcinogens based on sufficient evidence in humans
can EPA deny registration?
yes, but applicant has 30 days to address
can EPA cancel pesticide registration?
yes, if it poses an unreasonable risk
is there scientific proof of the ozone degradation?
yes, in 1974 Nature published research by 2 scientists confirming the link between man-made chemicals & degradation of Earth's ozone layer
has the Montreal protocol been successful?
yes, in 2014, a report by UNEP & world meteorological organization confirmed that the ozone layer is healing & will return to pre-1980 levels by mid-century
can public rights be also exercised on private lands?
yes, in some states - legal interest of the public is determined by balancing public & private rights, & interests
is wetland acreage being lost currently?
yes, over 1/2 of US wetlands have been lost since 18th century - coastal wetland loss is due primarily to development - inland wetlands are lost primary by filling in for agricultural use
are pesticides in food?
yes, people are exposed to low levels of pesticides residues through their diets because of widespread use of agricultural chemicals - scientists do not yet have a clear understanding of the health effects
