Twomey & Jennings BUSINESS LAW

1. Twomey & JenningsBUSINESS LAW Chapter 48 Environmental Law andLand Use Controls

2. Introduction • The regulations of land use consist of environmental laws and zoning. • Environmental laws exist at both the state and the federal levels. • Environmental laws are primarily enforced at the federal level by the Environmental Protection Agency (EPA), but other federal and state agencies enforce environmental laws, using criminal and civil penalties and injunctions to halt pollution.

3. Statutory Environmental Law • Clean Air Act: limits on emissions and permits for discharges. • Clean Water Act: permit requirements, discharge prohibitions, and treatment standards. • Solid Waste Disposal: Resource Recovery Act and CERCLA (Superfund). • limitations on dumping and liability for cleanup when hazardous materials are found on property; and

4. Babbit v Sweet Home Chapter of Communities for a Great Oregon (1995) Can Loggers and Naturalists be Friends: the Spotted Owl’s Last Stand? Other Regulations • Endangered Species Act: protects endangered species.

5. Other Regulations • Safe Drinking Water Act requires the EPA to establish national standards for contaminants. • Oil Pollution Act imposes liability for oil spills as well as safety standards for oil tankers.

6. Enforcement of Environmental Laws • Criminal – most federal environmental laws carry criminal penalties of fines or imprisonment for violations. • Civil – the EPA may also get a court-ordered injunction to halt an activity which violates a standard. • Private Action – individuals may bring suit against a violator if conduct constitutes a nuisance.

7. Penalties for Violations of Federal Environmental Laws

8. Jordan v Georgia Power Co. (1995) Are overhead power lines a nuisance? Nuisances • A nuisance is a public or private interference with the use and enjoyment of land, and individuals can bring suit to halt nuisances. • Courts analyze the balance between the use and enjoyment of land and the economic interests of all of the parties involved.

9. Nuisance: Conduct that unreasonably interferes with the enjoyment or use of land. Conduct that has a negative effect upon others without being balanced by a benefit to society. Permanent (single act with permanent damage) Continuing (series of related acts) Private (affects one or a few persons) Public (affects a community) Nuisance Per Se(nuisance in allsituations) Nuisance in Fact(nuisance in certain situations) Criminal (place where illegal acts repeatedly occur) Definition of Nuisance

10. Orange Beach Marina, Inc. v Warner (1986) Were the restrictive covenants enforceable? Land Use Controls • Restrictive covenants in deeds are valid land use restrictions that pass from owner to owner and are enforceable so long as they do not violate any constitutional rights.

11. Lim v City of Long Beach (2001) Was the zoning restriction constitutional? Land Use Controls • Zoning is a public means of regulating land use through zoning laws that are part of an overall plan for development. • Some landowners can obtain variances from zoning laws, and some preexisting uses are permitted to continue with the protection of a nonconforming use.