CHAPTER 43

1. Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide or previous slide. CHAPTER 43 Environmental Law

2. Quote of the Day “Rest is not idleness, and to lie sometimes on the grass under the trees on a summer’s day, listening to the murmur of water, or watching the clouds float across the sky, is by no means a waste of time.” Sir John Lubbock, English writer, banker, statesman, naturalist

3. Clean Air Act • Has four major provisions: • Primary Standards -- national ambient air quality standards for pollution that harms public health. Upheld, regardless of cost. • Secondary Standards – standards set for less harmful, but unpleasant pollution. • State Implementation Plans (SIPs) – the EPA can produce its own plan of pollution reduction if a state’s plan is not implemented in a reasonable time. • Citizen Suits – allows anyone to file a suit against a polluter or against the EPA for failure to enforce environmental rules.

4. New Sources of Pollution • The EPA has a policy of prevention of significant deterioration (PSD). • No one may undertake a building project that will cause a major increase in pollution (even if it is still within the standards set for that area) without first obtaining a permit from the EPA. • The EPA will grant a permit only if the project will not cause an overall decline in air quality and it uses the best available control technology.

5. Acid Rain • Caused by rain forming in and falling through polluted air. The effects are damaged crops, forests and lakes. • Power plants have four options for meeting emissions standards: • (1) installing scrubbers, • (2) using low-sulfur coal, • (3) switching to alternative fuels (such as natural gas), or • (4) trading emissions allowances. • For information on trading emissions allowances, click here.

6. Automobile Pollution • The EPA placed requirements on automobile manufacturers to reduce emissions in a way for which technology did not exist. • This idea, that if forced to do so, the industry could develop the way to meet the standards, is called technology forcing.

7. Air Toxics • Some pollutants are so toxic, that there is no safe level for them. • The EPA is in the process of setting standards for these toxins, based initially on maximum achievable control technology (MACT). • Within eight years after these standards are set, the EPA must raise the standards, forcing polluters to develop the technology to comply.

8. Global Warming • Many scientists believe that the current trend of increased temperatures worldwide will continue toward a catastrophic conclusion. • Others believe that the earth just goes through cycles of heat and cold. • All agree that the issue of global warming is complex because its cause is uncertain and any solution would require international cooperation. For a various opinions of global warming, click here.

9. Clean Water Act • The Clean Water Act passed in 1973 had two main goals: • To make all navigable water suitable for swimming and fishing by 1983. • To eliminate the discharge of pollutants into navigable water by 1985. • These goals have not yet been met.

10. Clean Water Act (cont’d) • Industrial Discharges • The CWA prohibits any single producer from discharging pollution into water without a permit from the EPA. • Water Quality Standards • The CWA requires states to set EPA-approved water quality standards and develop plans to achieve them.

11. Clean Water Act (cont’d) • Wetlands • The CWA prohibits any discharge of dredge and fill material into wetlands without a permit. • Sewage • Under the CWA, a municipality must obtain a permit for any discharge from a wastewater treatment plant.

12. Other Water Pollution Statutes • The Safe Drinking Water Act of 1974 sets standards for allowable contaminants in drinking water. • The Ocean Dumping Act of 1972 prohibits dumping in the ocean without a permit. • Oil Pollution Act of 1990 sets design standards for oil carrying ships.

13. Waste Disposal • Two major statutes regulate solid wastes: • The Resource Conservation and Recovery Act (RCRA) focuses on preventing solid waste disasters by regulating its production and disposal. • The Comprehensive Environmental Response, Compensation, and Liability Act (also called the Superfund), focuses on cleaning up existing hazardous waste sites.

14. Resource Conservation and Recovery Act • The RCRA establishes rules for treating both hazardous wastes and other forms of solid waste (such as ordinary garbage). • The RCRA sets standards for new and existing landfills. • The EPA also sets standards for installing and monitoring underground storage tanks.

15. CERCLA / The Superfund • Under CERCLA, anyone who has ever owned or operated a site on which hazardous wastes are found, or who has transported wastes to the site, or who has arranged for the disposal of wastes that were released at the site, is liable for: • (1) the cost of cleaning up the site, • (2) any damage done to natural resources, and • (3) any required health assessments.

16. Chemicals • The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires manufacturers to register all pesticides with the EPA. • Federal Food, Drug, and Cosmetic Act requires the EPA to set maximum levels for pesticide residue in raw or processed food.

17. Chemicals (cont’d) • Food Quality Protection Act of 1996 requires the EPA to set pesticide standards at levels safe for children. • Toxic Substances Control Act -- Before selling a new chemical (or an old chemical being used for a new purpose), the manufacturer must register it with the EPA.

18. Natural Resources • The National Environmental Policy Act of 1969 (NEPA) requires all federal agencies to prepare an environmental impact statement (EIS) for every major federal action significantly affecting the quality of the human environment. • The Endangered Species Act (ESA) requires the identification, monitoring and protecting of species in danger of becoming extinct.

19. “The issue is not ‘Are you in favor of a clean environment?’ but rather, ‘Who will pay to clean up existing damage? and ‘How can we make decisions that maximize benefit while minimizing cost?’ ”

20. Link to the Internet Click above to return to the slide show. • Clicking on the orange button below will link you to the website for this book. (You must first have an active link to the internet on this computer.) • Once there, click: • Online Study Guide, then • Your choice of a chapter, then • Practice, then • Internet Applications • You should then see web links related to that chapter. Click here!