The document provides an overview of environmental law topics to be covered in a university course. It discusses major environmental laws passed in the 1970s-2000s focused on clean air, water, hazardous waste, and climate change. These laws established the EPA and set national standards. Current issues addressed include defining protected water bodies, regulating greenhouse gas emissions under the Clean Air Act, renewing the Superfund tax, and addressing the full lifecycle of materials under RCRA. Enforcement mechanisms and the need for international cooperation are also examined.
Learn about the regulations surrounding the Clean Air Act and how to remain in compliance with them. This presentation covers:
Which regulations apply to your institution
How to meet recording and reporting requirements
Tactics for keeping compliant with all necessary regulations
Clean Air Act, Health Effects and Rule Overview
Training for Environmental Justice advocates held in Detroit April 25-26, 2014
Presentation and discussion - EPA / MDEQ / Community EJ advocates
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Environmental laws and management 3rd sem (1)-convertedSamanth kumar
M.ARCH (ENVIRONMENTAL ARCHITECTURE) ENVIRONMENTAL LAWS AND MANAGEMENT
ENVIRONMENTAL LAW AND POLICY
- INDUSTRIAL ECOLOGY
ENVIRONMENTAL PLANNING AND DECISION MAKING
- INTRODUCTION TO ENVIRONMENTAL ACCOUNTING
ENVIRONMENTAL MANAGEMENT
• Environmental Protection Act 1986
• Coastal Zone Regulations,
• Hill Area Conservation,
• Forest Conservation Act
• Components of Environment
• Classification of Environmental Resources
• Purpose and Objectives in Environmental Protection, and Management
• Institutional and Legal Support in management of the Environment
• Environmental Policies, and Protocols
• Global Environmental Initiatives
• Environmental Indicators
• Concepts and Measures in Environmental Standards
• Environmental Management Options
Learn about the regulations surrounding the Clean Air Act and how to remain in compliance with them. This presentation covers:
Which regulations apply to your institution
How to meet recording and reporting requirements
Tactics for keeping compliant with all necessary regulations
Clean Air Act, Health Effects and Rule Overview
Training for Environmental Justice advocates held in Detroit April 25-26, 2014
Presentation and discussion - EPA / MDEQ / Community EJ advocates
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Environmental laws and management 3rd sem (1)-convertedSamanth kumar
M.ARCH (ENVIRONMENTAL ARCHITECTURE) ENVIRONMENTAL LAWS AND MANAGEMENT
ENVIRONMENTAL LAW AND POLICY
- INDUSTRIAL ECOLOGY
ENVIRONMENTAL PLANNING AND DECISION MAKING
- INTRODUCTION TO ENVIRONMENTAL ACCOUNTING
ENVIRONMENTAL MANAGEMENT
• Environmental Protection Act 1986
• Coastal Zone Regulations,
• Hill Area Conservation,
• Forest Conservation Act
• Components of Environment
• Classification of Environmental Resources
• Purpose and Objectives in Environmental Protection, and Management
• Institutional and Legal Support in management of the Environment
• Environmental Policies, and Protocols
• Global Environmental Initiatives
• Environmental Indicators
• Concepts and Measures in Environmental Standards
• Environmental Management Options
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LIVING WITH THE EARTHCHAPTER 13ENVIRONMENTAL LAWS & COMP.docxcroysierkathey
LIVING WITH THE EARTH
CHAPTER 13
ENVIRONMENTAL LAWS
& COMPLIANCE
Page
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a Law
Bill is first introduced into house and senate;
Referred to subcommittee for review and support;
90% fail at this level
Recommended bills are brought forward for hearings and comment;
Committee meets to mark up (discuss) bill and vote on it;
If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)
The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.
The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.
House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
BILL
SENATE
HOUSE
Rules committee
BILL
BILL
Senate version
House version
CONFERENCE COMMITTEE
The Making of a Law (cont.)
If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.
Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
BILL
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
Page
Common Themes Among Environmental Laws
EIGHT GENERIC COMPLIANCE OBLIGATIONS
1. Notification requirements
2. Discharge or waste controls
3. Process controls and pollution prevention
4. Product controls
5. Regulation of activities
6. Safe transportation requirements
7. Response and remediation requirements
8. Compensation requirements
Environmental Laws are Part of a System
ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:
U.S. CONSTITUTION AND STATE CONSTITUTIONS
FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES
REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES
PRESIDENTIAL EXECUTIVE ORDERS
COURT DECISIONS INTERPRETING THESE LAWS
THE COMMON LAW
Executive Orders
These are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common Law
A body of rules and principles that pertain to the government and the security of persons and property.
Basic rules originally developed in England and t ...
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3. What we’ll cover today:
• 40 Year Overview of Environmental Law
• Basics Aspects/Themes
• Cross Cutting Themes
• Hot Topics in Major Environmental Laws
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. 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. 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. 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. 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. 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. 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. 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
18. Risk Assessment, Risk Management, and
Risk Communication
Projected CO2 Emissions, 1990 – 2030
19. Environmental Law
Public Law Approaches in United States
Some of the Major federal statutes and
major questions we face today.
20. 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.
21. 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)
22. 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
24. Resource Conservation Recovery Act of 1976 (RCRA)
Regulates Hazardous Waste Generators, Transporters and
Treatment, Storage & Disposal (TSD)
25. RCRA: Regulation of hazardous waste from cradle
to grave … Can RCRA address lifecycle materials
handling from cradle to cradle?
26. 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?
27. 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
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.