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Business Law I Environmental Law

Business Law I Environmental Law. Major Environmental Laws. Case Analysis The Clean Air Act of 1970. ruling AFFIRMED. You Be the Judge -. Central Arizona Water Conservation District v. EPA , United States Court of Appeals for the Ninth Circuit, 1993.

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Business Law I Environmental Law

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  1. Business Law I Environmental Law

  2. Major Environmental Laws

  3. Case AnalysisThe Clean Air Act of 1970 ruling AFFIRMED You Be the Judge - Central Arizona Water Conservation District v. EPA, United States Court of Appeals for the Ninth Circuit, 1993 • Facts – NGS is a power plant located 12 miles from the Grand Canyon. To protect views, the EPA ordered NGS to reduce emissions by 90 percent. NGS sued to prevent implementation of the EPA’s order. • Issue – Did the EPA act arbitrarily and capriciously in requiring NGS to spend $.5B to improve winter visibility at the Grand Canyon by almost 7 percent? • Decision - ? • Reasoning - ?

  4. Major Environmental Laws(cont’d)

  5. Major Environmental Laws(cont’d)

  6. National Environmental Policy Act of 1969 (NERPA) • Requires all federal agencies to prepare an environmental impact statement for every major federal action significant affecting the quality of the human environment. • The environmental impact statement must address: environmental consequences, available alternatives, direct and indirect effects, energy requirements, impact on urban quality, historic and cultural resources, and means to mitigate environmental impacts. • Once a draft report is prepared, a hearing must be held for outside comments. • Applies to both actions undertaken by the government and also activities regulated or approved by the government.

  7. The Endangered Species Act • Requires the Secretary of Commerce or Secretary of the Interior to prepare a list of species that are in danger of becoming extinct. • Requires the government to develop a plan to revive these species. • Requires all federal agencies to ensure that their actions will not jeopardize an endangered species. • Prohibits any sale or transport of these species. • Makes any taking (i.e., harassing, harming, killing, capturing, or modifying its habitat) of an endangered animal species unlawful. • Prohibits the taking of any endangered plant species on federal property.

  8. Case AnalysisThe Endangered Species Act Central Arizona Water Conservation District v. EPA, United States Court of Appeals for the Ninth Circuit, 1993 • Facts • Issue – Is the anti-taking provision of the ESA constitutional? • Decision – Yes. • Reasoning – The red wolf has great impact on interstate commerce, affecting the following industries: tourism, scientific research, fur trade, and livestock production.

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