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Reference Guide

Permachart - Marketing Reference Guide: National Environmental Policy Act, Municipal Solid Waste, Criteria Air Contaminants

4 pages1092 viewsFall 2015

Department
LAW
Course Code
LAW 356
Professor
All
Chapter
Permachart

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Environmental Law
Environmental Law
l e a r n r e f e r e n c e r e v i e w
permacharts.com
ENVI RO NM EN TAL R EG UL ATI ON
ME TH OD S
COMMAND & CONTROL REGULATIONS
• Regulations that directly impose specific obligations
(such as limitations may be placed on amounts of
pollutants a facility may emit)
• A technology-based regulation is a standard or
limitation that requires as much pollution control as
can be achieved with current technology; they are
based on available control technologies and
associated costs (such as BAT limitations under the
Clean Water Act)
• An environmental quality-based regulation is a
standard or limitation that attempts to achieve a set
level of protection to human health or the
environment; considers impact of pollutants on
health and/or environment (such as NAAQS under
the Clean Air Act)
NAT IO NA L EN VI RO NM EN TAL P OL IC Y A C T
STRUCTURE
NEPA requires that the federal
government prepare and publish
information on environmental
effects of government proposals
(NEPA s. 102(2)(C))
• Requires agencies to prepare
Environmental Impact
Statements (EIS) on federal
actions that may significantly affect
quality of human environment
• Established Council on
Environmental Quality (CEQ);
oversees implementation of
regulations, offers coordination
among federal agencies, and
prepares annual reports of
environmental conditions
SCOPE OF EIS
• Address environmental effects of
said action
Segmentation occurs when an
agency tries to divide a large
project into smaller segments while
limiting the scope of the EIS to
each segment
• May be prevented where
segmentation reduces the impact
of the EIS to the point of not being
effective (such as geographical
concerns, independent utility)
Tiering occurs where an agency
prepares one general programmatic
EIS on the entire project and then
does a specific EIS on each smaller
part
CONTENT OF EIS
Alternatives to the proposed
action (NEPA ss. 102(2)(C), (E))
• Analysis of environmental effects of
proposed action and alternatives to
proposed action
Rule of reason applies to scope of
alternatives
• Mitigate the adverse environmental
impact of proposed action
• Uncertainties must be explained
where information is absent or
lacking
SUBSTANTIVE EFFECT OF NEPA
• Agencies are not mandated to take
any particular action
• An agency’s decision to take an
action will not be invalidated as a
violation of NEPA
• Agencies often act under authority
of statutes with substantive
environmental provisions
EIS THRESHOLD ISSUES
• Only necessary for federal actions
• Applies to private parties where
there is federal authorization or
funding
• An EIS is only necessary for proposals
for action; ripeness is an issue
• Does not include preliminary
agency plans
• Proposal must be a major federal
action with a significant affect on
the human environment
• Environmental effects must involve
impacts on the physical
environment; does not include
adverse social or economic effects
EIS PROCESS
• Federal agencies must follow
certain steps when meeting EIS
requirements
• Determine whether action is
subject to statutory or other
exemption
• Prepare EnvironmentalAssessment
(EA) to find if action requires an EIS
• Issue a Finding of No Significant
Impact (FONSI) document if the
agency finds that no EIS is
necessary or publish a Notice of
Intent to prepare an EIS where
necessary
• Publish a draft EIS with a full
analysis
• Make the draft available for public
comment
• Issue a final EIS; may involve
judicial review
MARKET INCENTIVES
• Regulatory techniques that use market forces to
control environmental pollution
• Usually allow operators of individual facilities, not
the government, to make decisions about pollution
control levels that they want to achieve
Effluent fees are taxes and/or fees which are based
on amount of pollution produced by an industry
Marketable pollution rights use market forces by
establishing a set level of allowable pollution, giving
industrial facilities the right to emit pollutants at a
level to meet this goal, and allowing facilities to buy
and sell these allocated rights
Financial subsidies are given to industries to help
control pollution
INFORMATION DISCLOSURE
Emergency Planning and Community Right-to-Know
Act (EPCRA) requires facilities to calculate (on an
annual basis) the amount of hazardous substances
that they release into the environment; information
must be provided to the public
National Environmental Policy Act (NEPA) requires
government agencies to prepare Environmental
Impact Statements which describe the environmental
consequences of certain government proposals
CO NS ID ER ATI ON S
ECONOMIC CONSIDERATIONS
Cost vs. benefit analysis compares the cost of a
regulation with the regulation’s benefits
Cost effectiveness analysis compares cost between
two viable options of achieving a certain goal
Cost consideration analysis looks at simple costs
without determining how it affects the final decision
Cost oblivious analysis does not consider costs at all
ETHICAL CONSIDERATIONS
• Environmental regulations may raise ethical concerns
• Includes extent to which humans are required to
protect nature and other non-human species,
protecting future generations, and so on
CO MM ON L AW T OR TS
CAUSES OF ACTION
Negligence Conduct that falls below a standard of care that is owed to
another party
Nuisance Conduct that unreasonably interferes with use and enjoyment of
land • May be private or publicMay be negligent or intentional
Strict Finding of liability without any regard to the defendant’s
Liability negligence • Also applies to product liability cases
Trespass Physical invasion of another person’s land
© 1996-2011 Mindsource Technologies Inc.
ENVIRONMENTAL LAW • A-8I8-41
TM
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