First day review course 2010 m


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This is a slide show presentation, the first day overview of my environmental law survey class.

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  • sources of legal constraints (common law, constitutional, and statutory) protecting the environment
    justifications for, economic impact of, and allocation of governmental authority for environmental regulation.
    efforts to protect the environment through economic-incentives and information disclosure
    National Environmental Policy Act
    statutes that control pollution, Clean Water Act, Clean Air Act,
    statutes designed to control contamination of land by hazardous substances,
    environmental law enforcement and litigation
    Endangered Species Act
  • “NEPA declares a national policy which will encourage productive and enjoyable harmony between man and his environment” (Section 101)
    “NEPA itself does not impose substantive duties mandating particular results, but simply prescribes the necessary process for preventing uninformed - rather than unwise - agency action…If the adverse environmental effects of the proposed action are adequately identified and evaluated, the agency is not constrained by NEPA from deciding that other values outweigh the environmental costs.”
    A substantive compliance with the law would mean that the agency must select the alternative that affords the most environmental protection and enhancement (many state “little NEPAs” require substantive complicance). NEPA, requires only informed decisionmaking with the intent that agencies select and implement actions protecting the environment. The agency must follow certain planning and public and agency involvement and review procedures in support of informed and, hopefully wise, decisions.
    NEPA could be interpreted with substantive requirements in section 101, in addition to the procedural requirements in Section 102. CAA section 309 definitely evaluates environmental impacts from a substantive standpoint. Until the Supreme Court changes its precedent OR the CEQ proposes new regulations, however, NEPA will continue to be interpreted in a procedural light, with a national policy for environmental protection, restoration, and enhancement.
  • First day review course 2010 m

    1. 1. ENVIRONMENTAL LAW University of Missouri Kansas City School of Law Course # 773, Tue/Thus. 4:15-5:30 Fall 2010
    2. 2. Assignment: Thursday, 8-26 Chapter 1 • Read Pages 1 to 11, • Skip over Talbot Page article. • Read Pages 13 to 36.
    3. 3. What we’ll cover today: • 40 Year Overview of Environmental Law • Basics Aspects/Themes • Cross Cutting Themes • Hot Topics in Major Environmental Laws
    4. 4. 1970s 1970 – First Earth Day, EPA created, NEPA, & CAA 1972 – FIFRA Banning DDT 1972 - CWA 1974 - RCRA 1979 – TMI
    5. 5. 1980s 1980 – CERCLA (Superfund) 1984 – Hazardous, Solid Waste Amendments (RCRA) 1986 – Safe Drinking Water Amendments 1986 – Emergency Preparedness and Community Right to Know Act 1987 – Clean Water Act Amendments 1979 – Love Canal, NY 1981 – Times Beach, MO 1981 – Valley of the Drums, KY 1984 – Bophal, India
    6. 6. 1990s 1990 – Earth Day 20th Anniversary 1992 – EPA & DOE Energy Star Label • Pollution Prevention Act • Oil Pollution Prevention Act • Clean Air Act Amendments 1995-2003 Project XL Exxon Valdez Ozone damaged trees
    7. 7. 2000s 2000 – Office of Pollution Prevention “Read the Label First!” 2006 – Office of Water • Brownfields 2002 • Voluntary Programs The "Performance Track“ program was discontinued in 2009, it encouraged environmental management systems, community outreach, and measurable results.
    8. 8. GREEN POWER PARTNERSHIP encourages organizations to buy green power. Over 750 partner organizations are purchasing more then 10 billion kilowatt-hours of green power annually – preventing CO2 emissions equivalent to those of 1.3 million cars. METHANE PARTNERSHIP programs have resulted in declines in total U.S. methane emissions. In 2005, US methane emissions were over 11% lower than emissions in 1990. The U.S. is working with 19 partner countries that account for 60% of global methane emissions, and over 600 public and private sector partners. EPA’s Voluntary Climate Change Programs
    9. 9. 2010 & Next Decade of Environmental Law New Environmental Laws? New Policy? • GHG regulation at EPA: – Massachusetts v. EPA, 549 U.S. 497 (2007). – GHG Reporting, Final Rule 2010 – GHG Tailoring, Proposed Rule 2010 – Geologic sequestration via the UIC program, proposed rule • US Climate legislation? Carbon Tax? – Clean coal technology? • UN Framework Convention Climate Change – 2010 Mexico City Protocol? – 2009 COP Copenhagen Accord Earth Day 2010
    10. 10. Basic Aspects of Environmental Law Common Law: • Tort and Property Law • Toxic Torts Public Law: • Based on Common Law • Cooperative federalism – Federal/State/Tribal – Partnerships • Administrative Law • Environmental Justice • Multi-Media vs. Single-Media • Enforcement
    11. 11. Basic Themes • Ecosystem Services • Laws of Nature • Laws of Ecology • Environmental Ethics • Internalize the Externalities Energy flows and material cycles through ecosystems. The figure shows the links in an ecosystem between the flow of energy and the cycle of materials in an ecosystem.
    12. 12. Cross Cutting Themes 1. Uncertainty, scientific complexity and risk 2. Risk and costs/benefit 3. Sustainability and the Three Economies – Marketplace Economy, Environment and Equity 4. Polluter Pays Principle 5. Law and Science
    13. 13. Uncertainty, scientific complexity and risk •The Making of Environmental Law Richard J. Lazarus Hydrologic Cycle
    14. 14. Global Wind Patterns Complexity and Uncertainty Science and Models
    15. 15. Global Ocean Patterns
    16. 16. Risk Assessment, Risk Management, and Risk Communication Projected CO2 Emissions, 1990 – 2030
    17. 17. Environmental Law Public Law Approaches in United States Some of the Major federal statutes and major questions we face today.
    18. 18. INFORMATION IS POWER National Environmental Policy Act (NEPA) 1970 How to consider Climate Change in NEPA decisions? A national policy encouragingA national policy encouraging productive harmony betweenproductive harmony between man and his environment,man and his environment, A procedural law requiringA procedural law requiring consideration of environmentalconsideration of environmental effects and informed decisioneffects and informed decision making –making – Stryker’s BayStryker’s Bay, 444 US, 444 US 223 (1980).223 (1980). NEPANEPA indirectlyindirectly affectsaffects federalfederal decisions by requiringdecisions by requiring procedures & informing decisionprocedures & informing decision makers & the public.makers & the public.
    19. 19. Clean Water Act of 1972 (CWA) • Protects chemical, biological and physical integrity of waters of the United States • Prohibits discharges without a permit • How to define waters of US after SWANCC (2001) and Rapanos, 126 S.Ct. 2208 (2006)
    20. 20. Clean Air Act Are Green House Gases (GHGs) an air pollutant? EVOLUTION OF THE CAA CAA of 1955 – Research CAA of 1963 – First nation-wide program Air Quality Act of 1967 – National enforcement process CAA of 1970 – Federal National Ambient Air Quality Standards, State implementation, New Source Review, National Standards for Hazardous Air Pollutants, and federal enforcement authorized CAA of 1977 – Prevention of Significant Deterioration in Attainment Areas CAA of 1990 – Acid Rain program, NSHAPs modified, Title 5 Operating Permits, NAAQS modified, and improved federal enforcement Massachusetts Case, S.Ct. 2008, GHG may be a pollutant under CAA 1967 Protest
    21. 21. Comprehensive Environmental Response, Compensation and Liability Act (Superfund) Should we renew the Superfund Tax?
    22. 22. Resource Conservation Recovery Act of 1976 (RCRA) Regulates Hazardous Waste Generators, Transporters and Treatment, Storage & Disposal (TSD)
    23. 23. RCRA: Regulation of hazardous waste from cradle to grave … Can RCRA address lifecycle materials handling from cradle to cradle?
    24. 24. US Environmental MECHANISMS: • US DOJ, EPA, States, and Tribal Govts. • Civil Adm. & Judicial • Criminal Prosecution • Citizen Suits • International Treaties QUESTIONS: Do we need more or LESS enforcement? More or LESS citizen suits? Do we need market incentives? Do we need International Standards?
    25. 25. Quote for the day: “For if one link in nature’s chain might be lost, another might be lost, until the whole of things will vanish by piecemeal.” Thomas Jefferson
    26. 26. A Place Called Earth – slide show