BSN 107

1. Essentials of the legal
environment today, 5e
roger leroy miller
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

2. Chapter 18
Environmental law
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

3. Learning Objectives
1. Under what common law theories can
polluters be held liable?
2. What is contained in an environmental
impact statement, and who must file one?
3. What federal statutes regulate air pollution?
4. What are three main goals of the Clean
Water Act?
5. What is Superfund? What categories of
persons are liable under Superfund?
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

4. Common Law Actions
• Common law theories of nuisance or
negligence
• Nuisance
• A person is liable if they use their property
in a manner that unreasonably interferes
with others’ rights to use or enjoy their own
property.
LO-1
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

5. Common Law Actions
• Negligence and Strict Liability
• Business or person alleged failure to use
reasonable care toward a party whose
injury was foreseeable and, or course,
caused by the lack of reasonable care
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

6. Government regulation
• All levels of government regulate some
aspect of the environment.
• State and Local Regulations
• State laws
• Local zoning laws
• State and local regulatory agencies
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

7. Government Regulation
• Federal Regulation
• Environmental regulatory agencies
• Environmental Protection Agency (EPA)
• Department of the Interior
• Department of Defense
• Department of Labor
• Food and Drug Administration
• Nuclear Regulatory Commission
• Environmental impact statements (EIS)
• National Environmental Policy Act requires an EIS, or
formal analysis, be prepared by federal agencies.
LO-2
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

8. Exhibit 18.1
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

9. Air Pollution
• Clean Air Act is federal law providing
basis for issuing regulations to control
multistate air pollution
• Mobile Sources
• Air pollution from cars and other mobile
sources
• Reducing emissions over the long term
• Greenhouse gases
LO-3
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

10. Air Pollution
• Stationary Sources
• Clean Air Act authorizes EPA to establish
air-quality standards for stationary sources.
• Hazardous air pollutants
• Maximum achievable control technology
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

11. Air Pollution
• Violations of the Clean Water Act
• Civil penalties up to $25,000/day
• Intentional violations may involve criminal
penalties.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

12. Water Pollution
• 1899 Rivers and Harbors Appropriations
Act
• 1948 Federal Water Pollution Control
Act (FWPCA)
• The Clean Water Act (CWA)
• Make waters safe for swimming
• Protect fish and wildlife
• Eliminate the discharge of pollutants into
the water LO-4
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

13. Water Pollution
• Permit system for point source emissions
• National Pollutant Discharge Elimination System (NPDES)
• Standards for equipment
• Best available control technology (BACT)
• Wetlands
• CWA prohibits filling or dredging of
wetlands
• Violations of the Clean Water Act
• Subject to civil and criminal penalties
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

14. Water pollution
• Drinking Water
• Safe Drinking Water Act
• Sets maximum levels for pollutants in public water systems
• Oil Pollution
• Oil Pollution Act
• Passed after 1989 Exxon Valdez oil spill
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

15. Toxic Chemicals
• Pesticides and Herbicides
• Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)
• Must be
1. Registered before they can be sold
2. Certified and used only for approved applications
3. Used in limited quantities when applied to food crops
• Toxic Substances
• Toxic Substances Control Act
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

16. Hazardous wastes
• Resource Conservation and Recovery
Act (RCRA)
• Passed in reaction to concern over the
effects of hazardous waste materials on
the environment
• Requires EPA to determine forms of solid
waste to be considered hazardous and
establish regulations to monitor and
control disposal
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.

17. Hazardous wastes
• Superfund
• Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)
• To regulate the clean-up of leaking
hazardous waste-disposal sites
• Potentially responsible parties
1. Person who generated the wastes at the site
2. Person who transported wastes to the site
3. Person who owned or operated the site at time of
disposal
4. Current owner or operator
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
LO-5