This document summarizes key aspects of environmental regulation in the United States. It discusses the National Environmental Policy Act, major environmental regulatory agencies like the EPA, and laws governing air and water pollution, waste management, and toxic substances. The Clean Air Act and Clean Water Act are described in detail, outlining regulatory principles and enforcement mechanisms for each. Case studies are provided to illustrate application of these laws.

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Chapter 44:
Environmental Regulation

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Learning Objectives
• Explain the National Environmental Policy
Act.
• Recognize environmental regulatory
agencies.
• Understand the regulation of air pollution.
• Understand the regulation of water pollution.
• Discuss waste management.
• Describe the Toxic Substances Control Act.

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44.0 In the News
Trump Aims To 'Eliminate' Clean Water Rule
http://bvtlab.com/68QM7
President Trump revokes the “Waters of the United
States” executive action that allowed the EPA to
regulate any amount of water on private property.
Trump wants the EPA to make sure “waters are kept
free from pollution, while at the same time promoting
economic growth, minimizing regulatory uncertainty,”
and respecting the role of states and Congress.
• What are the provisions of the Clean Water Act?
• Debate Trump’s revocation of Obama’s executive
order.

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44.1a Business, Law, and the
Environment: An Overview
• Public Nuisance
• Action brought by the government, usually to
stop or prevent pollution, where there is an
actual or potential loss of a right to use or
enjoy property
• Congress has enacted statutes aimed at
protecting our physical environment.
• Citizen interest groups have considerable
power to enforce environmental policy.

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42.2a National Environmental Policy Act
The federal government is entrusted with the
responsibility of ensuring that successive
generations can enjoy the environment.
• Requires an EIS for every major federal action
that significantly affects environment
– Describe the environmental impact of action.
– Present adverse effects on the environment.
– Discuss alternative actions that could be taken.
– Provide short- and long-term impacts
– List any irreversible impacts on the environment .

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44.2b Regulatory Agencies
• Environmental Protection Agency (EPA)
– Administers federal law and implements
federal policy regarding:
oPollution of air and water
oDisposal of solid waste and toxic substances
oUse of pesticides and radiation
• Other federal agencies
• State and local regulatory agencies

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44.3 Air Pollution
• Air Pollution Regulatory Principles
– The Clean Air Act
oNational ambient air quality standards
oEach state is to create a state
implementation plan.
oAmended to address toxic pollutants
• Enforcement of the Clean Air Act
• Current Issues in Air Pollution Control

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44.3c Critical Thinking
CASE: Coalition
Petitioners challenge all EPA rules, arguing that
they are based on improper constructions of the
CAA and are otherwise arbitrary and capricious.
• How much deference did the Court give the EPA to
establish regulations in the area of greenhouse
gases?
• Do you believe greenhouse gases were a concern
of Congress when it debated and passed the Clean
Air Act? Does the Court’s rationale suggest the
intent of Congress?

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44.4a Water Pollution Regulatory
Principles
• Clean Water Act
– Makes water clean enough for swimming and
other recreational uses
– Protects fish and wildlife from water pollutants
– Eliminates the discharge of pollutants
– Impacts only navigable waters
• Permitting process
• Non-point source pollution does not fall
within the purview of Clean Water Act.

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44.4a Critical Thinking
CASE: Colvin
The case interprets the Clean Water Act, finding
that the Salton Sea is a body of navigable water.
• What factor associated with the Salton Sea most
influenced the court to find that the Salton Sea is a
body of “navigable water” under provisions of the
Clean Water Act?
• Why do you believe the court found it irrelevant that
the defendant dumped the waste on the ground?

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44.4b Enforcement of the
Clean Water Act
• The government or a private party can
sue under this federal legislation.
• Criminal penalties
– Negligent violation
– Knowing violation

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44.5 Waste Management
Solid Waste
• Solid Waste Disposal Act
Hazardous and Toxic Waste
• Resource Conservation and Recovery Act
• Federal Superfund Law

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44.5b Critical Thinking
CASE: Timmons
The question is whether defendants can be
shielded from liability under the Act through the
innocent landowner defense.
• In order to successfully assert the innocent
landowner defense, what must be proven?
• Why was the defendant unable to use the innocent
landowner defense?

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44.6 Toxic Substances
The Toxic Substances Control Act
• The EPA is charged with the responsibility
of identifying toxic substances .
• Toxics are generally defined as substances
known to be poisonous to humans.
• The EPA must balance the interest of
business and public.