ARE 431
Lawsuits can be: (a) expensive. (b) time consuming. (c) take years to be heard in court (d) All of the above.
D
Prior to the passage of the Clean Water Act (1972)________________. (a) water pollution was viewed as a state problem. (b) states often developed water quality standards based on what industries they wanted to facilitate. (c) federal laws were limited to providing technical assistance and funds (d) All of the above
D
Waters of the U.S. or WOTUS include which of the following waterways? (a) Ohio River (b) Mississippi River (c) Lake Erie (d) All of the above
D
Which of the following are sources of American Law: (a) The U.S. Constitution (b) Statutory Law (c) Common Law Doctrine (d) All of the above.
D
_____26. Water Quality Criteria (WRC) can include which of the following? (a) temperature (b) pH (c) concentrations of pollutants (d) All of the above.
D
Which agency has the power to waive NEPA requirements for Environmental Impact Assessments before projects such as the proposed border wall could be completed?
Department of Homeland Security
Water Quality Criteria
Descriptions of the conditions in a waterbody necessary to support the DUs
3 Main Components of WQS
Designated Uses Water Quality Criteria Antidegradation Policy
Standing
Determines who can bring a lawsuit; requirement that the plaintiff has suffered an actual, legal harm
What does the EPA do?
Develop and enforce regulations Give grants Study environmental issues Sponsor partnerships Teach People about the Environment Publish Information
NEPA (National Environmental Policy Act)
Draft year: 1970 National Enforced by the EPA Function and Environmental Issues Affected: • Requires federal agencies to intergrade environmental values into their decisions by considering their impacts and alternatives to their actions if they are harmful All agencies of the Federal Government shall include in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment , a detailed statement by the responsible official on the action's potential environmental impacts, adverse impacts that cannot be avoided, and alternatives to the proposed action.
Types of Administrative Agencies
Executive Agencies ◦ Comprise the cabinet departments and sub-agencies ◦ Subject to the authority of the President ◦ Has power to appoint or remove federal officers Independent Regulatory Agencies ◦ Outside major executive departments ◦ More independent of presidential control ◦ Officers serve for fixed terms and can only be removed for just cause ◦ Requires and act of Congress to create
All regions of West Virginia have reached attainment of NAAQS.
False
Biological material (i.e. mussels) are always considered pollution when they are introduced into a waterway.
False
Criteria pollutants are those which are known to cause a specific cancer
False
Formal rulemaking is the most common type of rulemaking for environmental rules.
False
Independent regulatory agencies are subject to direct authority of the President (i.e. removal of federal officers).
False
The Clean Water act requires Water Quality Standards for groundwater.
False
The EPA allows all states to enact their own Mobile Source Emissions Standards if they chose to do so.
False
The EPA can consider economic or technological factors when setting NAAQS.
False
The EPA requires TMDL's be developed for all waterways.
False
The following is a major federal action under NEPA: An administrative enforcement action brought by the IRS against an environmental consulting firm for the unlawful tax deduction related to environmental services.
False
The following is a major federal action under NEPA: General federal funding for each state, to be used without qualifications or federal government oversight.
False
Tier Three waters or Outstanding Natural Resource Waters can be degraded to accommodate important economic or social development.
False
Waste transport is an acceptable designated use.
False
When a rule is challenged the standard of review applied is "beyond a reasonable doubt"
False
A proposed rule is published in the _______________.
Federal Register
What are some issues with our environmental regulation system today.
Fractured system: 1. Problem 2. what is regulated (Air, Water, Food) 3. Level of Government Responsibility 2. Regulation Evolves slowly in Response to New Evidence 3. Provides False Sense of Security- if it's in the market place it must be safe. 4. Difficult and Costly to Measure Effectiveness of Regulations 5. Highly Specialized in Sciences 6. Highly Politicized in Implementation 7. Poorly Supported by Non Profits 8. Costs are Well Recognized v. Benefits Poorly Valued 9. Often takes a back seat to International Security and Terrorism
Alternatives to Regulations
Market Incentives ◦Subsidies ◦Emission Charges (i.e. pollution tax) ◦Marketable Emission Permits
The Clean Air Act regulates emissions from which of the following types of sources?
Mobile
Section 319: Nonpoint Source Pollution Program
NPS is most significant source of pollution overall in the country NPS is anything that is not point source.... ◦ Runoff/precipitation ◦ Storm water from industrial activity ◦ Non-channelized ◦ Construction related runoff under the acre limit etc. ◦ Discharges from some municipal storm sewer systems ◦ Atmospheric deposition Common pollutants ◦ Nutrients (phosphorus and nitrogen) ◦ Pathogens ◦ Clean sediments ◦ Oil and grease ◦ Salt ◦ pesticides
Defendant
Person or entity being sued
Plantiff
Person or entity filing suit; person who suffered the harm
Two Phases of HAP Regulation
Phase 1: EPA regulates HAP emissions from a published list of source categories Phase 2: Risk and Technology Review (RTR). EPA assesses how well the technology-based standards have done in reducing the public health and environmental risks.
non-point source pollution
Rainfall, snowmelt, or irrigation runs over land, picks up pollutants, and deposits them into rivers, lakes and coastal waters or introduces them into groundwater.
downgrading
Removing a designated use and replacing it with a "lower" use
upgrading
Removing a designated use and replacing with a "higher" use
Abritration
Requires a third party, decision is binding.
The purpose of the Clean Air Act is to
Set National Ambient Air Quality Standards (NAAQS) Protect the nation's air and public health.
National Ambient Air Quality Standards
Standards established by the EPA and required by The Clean Air Act (last amended in 1990) for pollutants considered harmful to public health and the environment.
Renewable Fuel Standard
THE primary catalyst for the increase in corn being used for ethanol in the US! • The Energy Policy Act (2005) • Introduces RFS • First federal law requiring motorists to purchase first generation renewable biofuel blends • Corn and soybeans • The Energy Independence and Security Act EISA (2007) • Increased the mandatory use of renewable fuel • Expanded to include all transportation fuel except for ocean-going vessels • Imposed requirements for Second Generation biofuels
Total Maximum Daily Load
The maximal quantity of a particular water pollutant that can be discharged into a water body without violating a water quality standard.
Jurisdiction
The official power of a court to render a decision
Reclassification
The process of changing a use designation
What is a pollutant?
The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
Water Quality Standard
Translates broad goals of the Clean Water Act into waterbody-specific objectives
Water Quality Standards (WQS)
Translating the broad goals of the CWA into waterbodyspecific objectives •Expressed in terms that allow quantifiable measurement •Apply only to the waters of the United States ◦ All "surface waters" meeting the definition WOTUS ◦ States, territories, and designated tribes can, using their own authorities, adopt standards for additional surface waters and groundwater. ◦ CWA does not require WQS for groundwater
A waterbody can have multiple designated uses.
True
Mobile source emissions standards are technology forcing
True
The Administrative Procedures Act (1946) sets out procedures agencies must follow to promulgate rules and adjudicate conflicts.
True
The Clean Water Act allows citizen suits to enforce effluent limitations.
True
The Clean Water Act contemplates a total elimination of pollution discharges
True
The EPA regulates Portable Fuel Containers (PFC's) to reduce spills and evaporation
True
The Federal Water Pollution Control Act of 1948 was the first comprehensive statement of federal interest in clean water.
True
The following is a major federal action under NEPA: Federal funding for any state project approved by the federal government designed to advance the restoration and protection of coastal wetlands in the states' jurisdiction
True
The majority of assessed rivers and streams in West Virginia are classified as impaired.
True
Toxic torts are a type of personal injury lawsuit where the plaintiff claims that exposure to a chemical or substance caused the plaintiff's injury or disease.
True
Waters that do not meet WQS are placed on the state's §303(d) or Impaired Waters list.
True
Toxic Tort
Type of personal injury lawsuit where the plaintiff claims that exposure to a chemical/substance caused plaintiff's injury/disease
Administrative Agency
a federal, state, or local government agency established to perform a specific function
Section 401:
an applicant for a federal permit or license must obtain a certification from the state or authorized tribe where the proposed project is location downstream states whose water quality could be affected by a federally permitted or licensed project can engage in the 401 process
Which of the following is a point source of pollution according to the Clean Water Act?
an effluent pipe from chemical plant
Administrative Law
consists of rules, orders, and decisions of administrative agencies
Navigable waters
defined navigable waters to mean "the waters of the United States."
stare decisis
let the decision stand
National Pollutant Discharge Elimination System (NPDES)
makes it illegal to discharge pollutants from a point source into WOTUS except in accordance with a permit Section 402 of the CWA NPDES permits cover: ◦ industrial and municipal discharges ◦ discharges from storm sewer systems in larger cities ◦ stormwater associated with numerous kinds of industrial activity ◦ runoff from construction sites disturbing more than one acre ◦ mining operations ◦ animal feedlots and aquaculture facilities above certain thresholds
To form a class action lawsuit, which of the following conditions must be met?
numerosity
Types of air pollution
ozone particle pollution •Carbon monoxide, nitrogen oxides, sulfur dioxide, and lead GHG
Total Maximum Daily Load (TMDL)
process of quantifying existing pollutant loads and calculating the load reductions needed to meet WQS; pollution budgets
Existing Use
refers not only to those uses the waterbody is capable of supporting at present, but also any use which the waterbody has actually attained since November 28, 1975.
"Good Neighbor" provisions of the Clean Air Act require ________.
requires a state's SIP to consider and/or prohibit emissions that will contribute to another state's inability to maintain its air quality standards
FOIA (Freedom of Information Act) 1966
requires federal agencies to release files to the public, unless the material falls into certain exceptions for national security or other confidential information
In a strict liability tort, you must prove _______.
that the activity was ultrahazardous and damages resulted.
Which of the following events led up to the landmark environmental regulations passed in the 1970's?
the 1969 Santa Barbara oil spill
Venue
the proper or most convenient location for the trial of the case
Designated use
use specified in water quality standards for each waterbody, whether or not they are being attained
Section 111 of the CAA
• established a mechanism for controlling air pollution from categories of stationary sources •A stationary source is an industrial source • chemical factories • Refineries • power plants • Incinerators •Applies to categories of sources for which the Administrator, in her judgment, finds "causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare" •More than 70 stationary source categories and subcategories are regulated
Negligent Torts
•Failure to use reasonable care.
•Federal Water Pollution Control Act of 1948
•Historically water pollution viewed as a local/state problem First comprehensive statement of federal interest in clean water • Provided state and local governments with technical assistance funds to address water pollution problems including research
Air Quality Control and State Implementation Plans (SIPS)
•Nation divided into regions States within the regions develop plans (SIP) to attain or maintain NAAQS State Implementation Plans: ◦ Emission limitations ◦ Methods for gathering data ◦ Boundaries of SIP ◦ Provisions for state and international pollution ◦ Measures for funding program ◦ Source monitoring and reporting provisions
The Federal Water Pollution Control Act 1972
•Or An Act to amend the Federal Water Pollution Control Act. •The main goal is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters" •States controlled enforcement but EPA retained jurisdiction •Allowed citizen suits to enforce effluent limitations • And sue EPA for failure to perform nondiscretionary duties •Required best practicable control technology 1987 Amendments Established the nonpoint source management program •Extended the POTW grant program through 1994 •Added provisions to transition to a loan based program for POTW after 1994
Six Criteria Pollutants
•Particle pollution •Ground-level ozone (O3) •Carbon monoxide (CO) •Sulfur oxides (SO2)(SOX) •Nitrogen oxides (NO2)(NOX) •Lead
History of Air Emissions Regulation
•Pre-1970, generally left to state / local gov't •1955 -Air Pollution Control Act •1963 - First Clean Air Act •1967 -Air Quality Act •1970 - Clean Air Act (amended 1977 and 1990) Regulates emissions of "air pollutants" from stationary and mobile sources •Air Pollutant • "any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive ... substance or matter which is emitted into or otherwise enters the atmosphere.
Clean Water Act- Jurisdiction
•Three part test: •(1) addition of any pollutant •(2) to navigable waters •(3) from a point source
Agency Rulemaking
◦ Formal Rulemaking Hearing on the record with presentation of evidence ◦ Notice of hearing must be published in the Federal Register or other appropriate publications ◦ Required by statute authorizing the rule ◦ Courts narrowly interpret this requirement ◦ Informal Rulemaking AKA "Notice and Comment" or "553 Rulemaking" ◦ Requires notice to the public and the opportunity to comment an the proposed rule ◦ Comment period of at least 30 days ◦ Most common both for making and modifying existing rules
tort
◦a civil wrong committed by one person against another person (or property)
Administrative Procedures Act (1946)
"Rules about making rules"
_____24. Once a Criteria Pollutant has been identified under the CAA, the EPA must:
(a) Establish a National Ambient Air Quality Standard for the Pollutant
Market incentives are alternatives to environmental regulations. Which of the following are examples of market incentives?
(a) a subsidy for blending ethanol into gasoline for use in cars.
National Pollution Discharge Elimination System (NPDES) permits are issued for which of the following?
(a) industrial and municipal discharges
The EPA regulates diesel fuel by:
(a) mandating all onroad vehicles must use Ultra Low Sulfur Diesel (ULSD) (b) mandating most nonroad, locomotive, and marine engines use Ultra Low Sulfur Diesel (ULSD) (c) requiring all highway diesel fuel supplied in the US be Ultra Low Sulfur Diesel (ULSD) (d) All of the above********
_____25. The Dr. Suess book that addresses pollution is ______________.
(b) The Lorax
_____27. Which of the following Designated Uses is/are required of all waterways?
(b) fishing/fishable
Section 404 of the Clean Water Act prohibits __________.
(b) placement of dredged or fill materials into wetlands and waterways.
A Modesto, California farmer faced a $2.8 million fine for ______.
(b) plowing a field that contained vernal pool wetlands in alleged violation of §404 of the clean water act
The fact that the EPA (federal government) creates water quality regulations and the states enforce them is an example of _________.
(c) cooperative federalism
Ephemeral
- A stream or portion of a stream that flows briefly in direct response to precipitation in the immediate vicinity, and whose channel is at all times above the groundwater reservoir.
Primary Approaches of the CAA
1. Mandated identification of criteria pollutants 2. Ambient air quality standards 3. Health-based standards 4. Technology-based standards
NEW SOUCE REVIEW PERMITS
1. PSD for new major sources and major modifications of existing sources in an attainment area 2. Nonattainment NSR permits for new sources or modifications 3. Minor source permits
Types of Regulatory Approaches
1. Technology or Design Standards 2. Performance based Standards
PSD Permit Requirements
1.Installation of BACT 1.Best Available Control Technology 2.Air quality analysis 3.Impact analysis 4.Public participation
Other Methods of Pollution Prevention
1.Market based incentives 2.Technical advice to states 3.Promotion of innovative fuel technology 4.Emission banking and trading 5.Energy waste programs 6.Acid rain programs
Purpose of the Clean Air Act
1.Protect the nation's air and public health 2.Set National Ambient Air Quality Standards (NAAQS) 3.Achieve and maintain nationwide attainment of NAAQS
Classification of Biofuels
1st Generation: Food Crops •Ethanol: Corn, wheat, sugarcane, sugar beet, cassava, barley, sorghum •Biodiesel: soybean, rapeseed, palm oil, recycled vegetable oils, animal fats 2nd Generation:•Ethanol from Lignocellulose •Ethanol from organic wastes (miscanthus grass, corn stover, tree waste, waste wood, paper) 3rd Generation: •From hydrogen produced either by gasification of lignocellulose or directly from microalgae 4th Generation: •Carbon negative GE crops
WV trial courts
31 circuits 75 judges
Which of the following is/are criteria pollutants? (A) Ground Level Ozone (O3) (b) Sulfuric Acid (c) Carbon Dioxide (d) All of the above
A
tort
A civil wrong
element of proof
A condition that must be established to win a lawsuit or prove someone guilty of breaking a law
injunction
A court order to do or stop doing something
ephemeral
A stream or portion of a stream that flows briefly in direct response to precipitation in the immediate vicinity, and whose channel is at all times above the groundwater reservoir
Private Nuisance
An act or failure to act resulting in an interference with the use or enjoyment of property •Elements of proof 1. Intentional interference 2. Substantial in nature 3. Which causes 4. A reduction in value of the property
3 levels of NEPA analysis
Categorical Exclusion Environmental Assessment Environmental Impact Statement
EPA
Created in 1970 by President Nixon ◦ Reorganization Plan No. 3- July 1970 Official Birthday of the EPA ◦ December 2, 1970 ◦ First EPA Administrator confirmed by the Senate Environmental movement brought together ◦ Conservationists ◦ Human Health Advocates States had some environmental regulation ◦ "race to the bottom"
Criteria Pollutants
Criteria pollutants endanger public health or welfare •Are widespread and produced by a variety of sources •EPA has a nondiscretionary duty to list •Currently do NOT include GHG (CO2)
