Bagley 5th Ed'

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CHAPTER 15 Environmental Law
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Environmental Laws

• Theory of Common Law Nuisance largely replaced
  with federal and state environmental regulations.
  
• Three Categories of Environmental Laws
• Regulation of pollutants in the air, water, or
  ground.
• Regulation on the manufacture, sale,
  distribution, and use of chemical substances as
  commercial products.
• Laws that require government decision makers to
  take into account the effect of their decisions
  on the quality of the environment.
• Natural Resource Laws.
• Industry Participation.

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Administration of Environmental Laws

• The Environmental Protection Agency (EPA)
  operates under the President.
• State Programs some are more stringent and
  comprehensive than federal laws. The EPA can
  approve a state program in lieu of the federal
  program in that state.

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The Clean Air Act

• As amended by the Clean Air Act of 1990.
• CAA sets four kinds of air quality goals
• EPA to establish national ambient air quality
  standards.
• Air quality in areas already meeting standards
  not be allowed to deteriorate.
• Preservation of natural visibility within
  national parks and wilderness.
• EPA is required to establish emissions standards
  that protect public health.
• National Ambient Air Quality Standards
• Best Available Control Technology.
• Lowest Achievable Emission Rate.

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The Clean Water Act

• It was first adopted in 1972, substantially
  amended in 1977, and again mended in 1987 by the
  Water Quality Act. The principal goal is to
  eliminate the discharge of pollutants in
  navigable U.S. waters.
• National Pollutant Discharge Elimination System.
• National Effluent Limitations.
• Publicly Owned Sewage Treatment Works.

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The Clean Water Act

• Individual Liability of Corporate Officers under
  CWA.
• Depends if officer had control over activity that
  caused discharged.
• Criminal liability if officer knowingly violated
  CWA.

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RCRA

• As amended by the Resource Conservation and
  Recovery Act (RCRA) of 1976 and the Hazardous and
  Solid Waste Amendments of 1984, governs the
  management of hazardous wastes.
• Cradle-to-Grave Responsibility each hazardous
  waste generator has this responsibility. Each
  generator is numbered so the waste can be tracked
  to disposal.
• RCRA bans disposal of hazardous waste into land
  without treatment.
• Owners and operators of hazardous waste
  facilities must obtain permits and stringent
  standards.

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RCRA

• Economic Perspective Corporate Environmentalism.
• U.S. Chemical manufacturers Association
  Responsible care.
• Superfund Amendments and Reauthorization Act.
• Focus now on what materials companies use in
  production.

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RCRA

• Corporate Strategy
• Differentiate products based on environmentally
  friendly raising prices.
• Manage competitors by helping impose private or
  public regulations.
• Cut costs by implementing environmental
  practices.
• Manage legal risks.
• Make systematic changes that re-define markets.
• Criminal Liability for any person who knowingly
  transports any hazardous waste identified under
  this Act, as well as strict civil liability.

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SuperFund (CERCLA)

• Comprehensive Environmental Response,
  Compensation, and Liability Act (CERLA) of 1980,
  as amended in 1986.
• Strict Liability broadly imposed by CERLA.
• Responsible Persons.
• Lessee as Owner.
• Owner at Time of Disposal.
• Case 15.1 Carson Harbor Village, Ltd. v Unocal
  Corp. (2002).

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SuperFund (CERCLA)

• Affiliated Companies and Piercing the Corporate
  Veil.
• Successor Liability.
• Lender Liability.
• Retroactive Application.
• Defenses only three Act of God, Act of War, or
  the Third party defense.
• Case 15.2 Western Properties Service Corp. v.
  Shell Oil Co. (2004).
• Recyclers are exempted under the 1999 Superfund
  Recycling Equity Act.

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SuperFund (CERCLA)

• Brownfields and Ready for Reuse Certificates.
• Extraterritorial Application.
• Case 15.3 Pakootas v. Teck Cominco Metals, Ltd.
  (2004).

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Enforcement of Environmental Laws

• EPA Inspections.
• Self-reporting and Audits penalties vary
• Administrative and Civic Enforcement Actions.
• Criminal Prosecution.
• Case 15.4 United States v. Hansen (2002).

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Management of Environmental Compliance

• Corporate Policy a strong, top-down policy that
  is enforced is needed.
• Well-Defined Organization and Crisis-Management
  Plan clear reporting responsibilities.
• Periodic Environmental Audits verify the
  effectiveness of the system.
• Long-Term Strategies reduce costs and
  liabilities.
• Record-keeping and Accounting statutory
  requirements.
• Education and training.