Legal Studies Chapter 19

Stationary sources of Air pollution

Each state develops its own regulations that help to achieve a reduction in each pollutant to below the maximum level set in the NAAQS. This plan takes the form of a mandated State Implementation Plan (SIP). SIP must be submitted to the EPA. If the SIP is not acceptable, the EPA may either impose sanctions on the state (such as withholding certain federal funding) or may step in to implement its own plan. SIPS also feature a program for issuing operating permits. Operating permits include info on which pollutants are being released, how much is being released, and steps the source is taking to reduce pollution.

procedural steps into their decision making

Federal agencies are required to incorporate NEPA procedural steps into their decision making process by identifying the purpose of and need for a promised project, possible alternatives, and the environmental impact. Categorical exclusion Environmental Assessment (unknown impact) Environmental Impact Statement (potentially significant impact)

Government Enforcement

Federal environmental laws are primarily administered, implemented, and enforced by the U.S. Environmental Protection Agency (EPA). The EPA, created in 1970, works in tandem with other administrative agencies in handling a broad range of environmental concerns at the federal level. For example, the U.S Fish and Wildlife Service, Food and Drug Administration, and the Nuclear Regulatory Commission. Each state also has its own environmental agency to implement and enforce state environmental statutes.

Clean Air Act

First enacted in 1963, is a considerably complex statute aimed at improving outdoor air quality in the United States. Authorized the EPA to establish the National Ambient Air Quality Standards that set permissible levels of certain air pollutants such as carbon monoxide, lead, and particulate matter. Focuses on stationary sources of air pollution and mobile sources of air pollution

National Environmental policy Act

NEPA establishes a process that must be followed by federal agencies in making decisions that have the potential to have a significant impact on the environment. This law was intended to serve as a national charter for environmental regulation but its focus is on planning and prevention rather than achieving a certain result (such as cleaner water) according to scientific standards The NEPA also created the Council on Environmental Quality to oversee the NEPA procedures and to make periodic progress reports to the Congress and the president.

Environmental Assessment

Projects and actions in which the environmental impact is unknown are classified in the EA category. Actions classified as EA require the agency to produce a public document setting forth the need for the proposed action, alternatives, the environmental impact of the proposed action and its alternatives, and a list of agencies and persons consulted. The EA is used to determined whether the action requires preparation of a more extensive report called an environmental impact statement. If, however, based on the EA, the agency makes a finding of no significant impact, the agency may process with the proposed action.

Friends of Earth vs. Gaston copper

Reversed the civil fines imposed by the trail court on Gatson for all violations except the ones that were articulated in the Friend's citizen suit.

Mobile sources of air pollution

Tailpipe emissions: states can either use the federal standards or California standards. Both require an inspection and maintenance program to ensure that car manufacturers limit the exhaust emission of five major pollutants, including hydrocarbon and carbon monoxide. Fuel economy standards: Corporate average fuel economy. set average mile per gallon requirements for motor vehicles and are determined by the year of the motor vehicle's production and its classification. Performance standards: Motor vehicles obtain a certificate of conformity from the EPA that certifies that a vehicle's useful life is at least 10 years or 100,000 miles for passenger cars and up to 365,000 miles for heavy trucks. Also should be able to tell hidden defects. Fuel composition and distribution: the manufacturing and distribution of gasoline, diesel fuel, and fuel additives is regulated by EPA under the authority of the CAA. The EPA uses a registration system to ensure that any fuel product is tested and certified as safe for public health and is used in compliance with CAA regulations.

Environmental Impact Statement

The EIS category is used for actions classified as having the potential for significant impact on the environment. If an EA provides evidence that some significant environmental impact is at issue, the agency must prepare a draft of an EIS and publish it for public comment. Do the same steps as the Environmental Assessment but more in depth.

NEPA coverage and procedures

The NEPA procedures are triggered when a federal agency takes any action that may reasonably be considered to impact the environment.

origins and sources of environmental law

The origins of environmental protections were primarily based on the common law doctrine of nuisance. Modern environmental protection statutes at both the federal and state level have largely supplanted any common law protections.

nuisance

an aggrieved party sues to compel a polluter to cease polluting based on the aggrieved party's right to enjoy her property without interference

categorical exclusion

the CE category is used for those actions that have little or no potential for significant environmental impact. A CE classification may also be mandated by a particle statute, thereby having the effect of exempting certain actions from any further environmental assessment

Market based approaches

was instituted by the 1990 CAA amendments to give businesses alternative methods of complying with pollution standards Accomplished through emission trading via the permitting process and a cap and trade plan intended to achieve lower levels of pollutants that contribute to acid rain. Under these approaches businesses have the choices as to how they reach their pollution reduction goals, including pollution allowances that can be traded, bought, and sold.

Citizen suits Provisions and watchdog groups

Citizen interest organizations and individual citizens are statutorily authorized to file a lawsuit against either: - A polluter who is in violation of environmental statutes or regulations or - A government agency or unit (such as the EPA or a municipality) that is not taking legally mandated steps to carry out environmental law enforcement. Ex: Sierra Club, the Natural Resources Defense Council and the Environmental Defense Fund.