CHAPTER 39 ENVIRONMENTAL PROTECTION DAVIDSON KNOWLES FORSYTHE Business
CHAPTER 39 ENVIRONMENTAL PROTECTION DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed. )
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. INTRODUCTION l Environmental law constitutes an extremely complex, pervasive, and controversial area of the law. l In the 1970’s the U. S. took the first steps in halting the destruction of the planet. l It did by statutory engraftments onto common law nuisance principles. l Nuisance laws prohibit interference with the rights of others. © 2004 West Legal Studies in Business A Division of Thomson Learning 2
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. THE ENVIRONMENTAL PROTECTION AGENCY l Federal administrative agency. l Enforces federal environmental laws. l Adopts regulations. l Conducts research on pollution. l Assist other governmental entities. concerned with the environment. © 2004 West Legal Studies in Business A Division of Thomson Learning 3
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. THE NATIONAL ENVIRONMENTAL POLICY ACT l Was enacted as to encourage a productive and harmonious relationship between people and the environment. l Viewed as a vehicle for promoting efforts to eliminate environmental damage. l All federal agencies analyze environmental impact of their policies and actions to avoid environmental degradation. © 2004 West Legal Studies in Business A Division of Thomson Learning 4
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. THE NATIONAL ENVIRONMENTAL POLICY ACT l An environmental Impact Statement is required when: – Agency proposes legislation, – Recommends any actions, – Undertakes any activities that may affect the environment. © 2004 West Legal Studies in Business A Division of Thomson Learning 5
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. THE NATIONAL ENVIRONMENTAL POLICY ACT l The Environmental Impact Statement must: – Describe anticipated impact of the proposed action – Describe unavoidable adverse consequences – Examine possible alternative methods to achieve goals – Distinguish between long-term and short-term effects – Describe irreversible and irretrievable commitments of resources that will occur if action implemented © 2004 West Legal Studies in Business A Division of Thomson Learning 6
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. THE NATIONAL ENVIRONMENTAL POLICY ACT l Council on Environmental Quality. – Responsible for ensuring the success of the EIS process. – Established by NEPA to advise the president. – Develops regulations covering EIS – Plays leading role in developing and recommending federal environmental regulations. © 2004 West Legal Studies in Business A Division of Thomson Learning 7
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. AIR POLLUTION l Contaminants into the air fall into five different classes: – – – Carbon monoxide; Particulates; Sulfur oxides; Nitrogen oxides; Hydrocarbons. l When hydrocarbons mix with nitrogen oxides, smog results. © 2004 West Legal Studies in Business A Division of Thomson Learning 8
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. AIR POLLUTION l The Clean Air Act: – Combats air pollution. – Sets standards for air pollution emissions. – Established atmospheric areas as well as air quality regions. – Called for development of state plans to implement ambient air standards. – Each state retained primary responsibility for ensuring the air quality within its borders. © 2004 West Legal Studies in Business A Division of Thomson Learning 9
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. AIR POLLUTION l The 1970 Amendments gave EPA responsibility for establishing national ambient air standards. – Directed EPA to establish standards: Primary: necessary to protect the public health. l Secondary: necessary to protect the public welfare. l – States must submit to EPA a state implementation plan (SIP). – Setting out how state plans to meet federal standards. © 2004 West Legal Studies in Business A Division of Thomson Learning 10
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. AIR POLLUTION l The 1977 Amendments allowed delays in compliance in certain situations. l The 1990 Amendments set new compliance dates: – Title I: mandates overall reduction of emissions within six years. – Title II: strengthens tailpipe emissions. – Title III: requires EPA to set permissible emission standards. © 2004 West Legal Studies in Business A Division of Thomson Learning 11
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. AIR POLLUTION l The 1990 Amendments. – Title IV: sets timetables aimed specifically at limiting – – emissions of nitrogen oxide. Title V: sets permit system aimed at controlling emissions by major point sources. Title VI: regulates CFCs. Title VII: strengthens act’s civil and criminal investigation, record-keeping, and enforcement provisions. Civil and criminal penalties for violating federal clean air laws. © 2004 West Legal Studies in Business A Division of Thomson Learning 12
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Clean Water Act proposes to restore and maintain the chemical, physical, and biological integrity of nation’s waters. – Establishes goals and timetables for cleaning up the nation’s waterways. – Federal role takes precedence over the state. – Targets two areas for pollution control and regulation: point and nonpoint sources. © 2004 West Legal Studies in Business A Division of Thomson Learning 13
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Clean Water Act: – Point sources must comply with the applicable effluent limitations and must obtain/satisfy and all permit. – Nonpoint sources remain exempt from both requirements, although they do have to comply with applicable state management programs. © 2004 West Legal Studies in Business A Division of Thomson Learning 14
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Clean Water Act: – Effluent Limitations: are set for the amount and kinds of pollutants that may be discharged into streams or rivers through point sources. – Water Quality Standards: derive from the designated uses of the navigable waters involved, as well as their use and value for navigation. © 2004 West Legal Studies in Business A Division of Thomson Learning 15
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Clean Water Act: – National Pollutant Discharge Elimination System: forces each point-source to obtain a permit and dictates prerequisite for obtaining a permit, by using it within a time frame. © 2004 West Legal Studies in Business A Division of Thomson Learning 16
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Safe Drinking Water Act: – Regulates water supplied by public water systems to home taps. – Establishes maximum contaminant levels (MCL’s) or, alternatively, require specific treatment techniques designed to reduce contaminants to acceptable levels. © 2004 West Legal Studies in Business A Division of Thomson Learning 17
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WATER POLLUTION l The Safe Drinking Water Act: – Amendments: Develop a risk-based method to identify drinking water contaminants that could pose threat to health. l Require EPA to publish, list of contaminants that are known or anticipated to occur. l An additional list of such contaminants must be published every five years. l – States administer and enforce the federal law. © 2004 West Legal Studies in Business A Division of Thomson Learning 18
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. NOISE POLLUTION l The Noise Control Act of 1972 is simple and straightforward. – Congress placed primary responsibility for controlling noise on state and local governments. – EPA must promulgate regulations necessary to protect the public health and welfare. © 2004 West Legal Studies in Business A Division of Thomson Learning 19
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. NOISE POLLUTION l The Noise Control Act of 1972 established the Quiet Communities Act: – Reinforces significant role state and local – – – governments play in noise control. Provides federal financial and technical assistance to state and local noise research. Develops noise abatement plans. Civil and criminal penalties are possible for violations. © 2004 West Legal Studies in Business A Division of Thomson Learning 20
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. LAND CONSERVATION AND POLLUTION Numerous laws prohibit pollution of public domain. l The Toxic Substances Control Act addresses toxic chemicals and their impact on health and environment l – To develop data detailing effect of chemical substances and mixtures on health and environment. – To provide governmental authority to regulate chemicals that present unreasonable risk of injury. – To ensure the exercise of this governmental authority, to avoid impediment/unnecessary economic barriers. © 2004 West Legal Studies in Business A Division of Thomson Learning 21
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. LAND CONSERVATION AND POLLUTION l The Federal Insecticide, Fungicide, and Rodenticide Act: Aimed at protecting farmers. Sale and use of pesticides. All persons who distribute or sell pesticides must register them with the EPA. – A risk-assessment statute. – Sets out unlawful acts. – Establishes civil and criminal penalties. – – – © 2004 West Legal Studies in Business A Division of Thomson Learning 22
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. LAND CONSERVATION AND POLLUTION l The Resource Conservation and Recovery Act: – Encompasses all types of waste, including hazardous and toxic waste and waste generated by households. – Provides assistance to states for establishing programs for disposing of solid, nonhazardous waste. – Also establishes a system for regulating generation, transportation, storage and disposal of hazardous waste. © 2004 West Legal Studies in Business A Division of Thomson Learning 23
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. LAND CONSERVATION AND POLLUTION l The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): – The “Superfund” imposes strict liability on owner or operator of facility where emergency response actions must be taken to protect public health and environment. – Sites may be cleaned up with federal funds with costs later recovered from potentially responsible parties. © 2004 West Legal Studies in Business A Division of Thomson Learning 24
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. WILDLIFE CONSERVATION l The Endangered Species Act protects: – Threatened or endangered species of wildlife – Both in the United States and abroad – Natural habitats © 2004 West Legal Studies in Business A Division of Thomson Learning 25
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. ENFORCEMENT AND REMEDIES l EPA has aggressively enforced environmental laws. l Environmental laws are enforced by fines and/or imprisonment. l Referrals included criminal an civil cases. © 2004 West Legal Studies in Business A Division of Thomson Learning 26
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. INTERNATIONAL ASPECTS l Environmental regulation is on the rise around the world. l Many foreign countries are plagued by pollution. l European Union has adopted environmental protection measures. l NAFTA shows sensitivity to environment concerns. © 2004 West Legal Studies in Business A Division of Thomson Learning 27
BUSINESS LAW: Cases & Principles Davidson • Knowles • Forsythe 8 th Ed. INTERNATIONAL ASPECTS l GATT involves environmental issues. l Kyoto Protocol requires industrialized countries to reduce their combined greenhouse gas emissions by at least 5. 2% by 2008 -2012 l Executive order, decreed that the U. S. must factor environmental considerations into the development of its trade negotiation objectives. © 2004 West Legal Studies in Business A Division of Thomson Learning 28
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