Enviornmental Law

Enviornmental Law - human health b Secondary ambient...

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Environmental Law 1.) Common Law Theories a. Nuisance b. Trespass c. Negligence d. Strict liability – Ultra Hazardous Activities 3.) Regulation by Federal Government a. National Enviornmental policy act (NEPA) 1969 i. Created Environmental Protection Agency (EPA ii. Mandates Environmental Impact Statement (EIS) by the particular federal agency that proposes to build or fund a project. It must contain: 1. Environmental impact of the proposed action 2. Any adverse effects to the environment with alternative actions that might be taken 3. What irreversible effects the action might create 4.) Air Pollution a. Clean Air Act – to achieve goal of clean air i. Requires states to adopt state implementation plans (SIPSs) i.e. state to take a complete emissions inventory of all polluters & designate them as stationary or mobile 1. Act specifies that uniform, nationwide ambient air quality standards will be established by EPA
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a. Primary ambient standards – based on impact of air quality on
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Unformatted text preview: human health b. Secondary ambient standards – protect against adverse impacts on human welfare, eg. Visibility, vegetation, animals & property 2. States are responsible for meeting standards within certain time limits b. Problem Areas i. Toxic air pollutants ii. Acid rain iii. Ozone layer & climate protection iv. Enforcement – EPA can issue citations. Also have criminal liability for international & negligent releases. 5.) Can’t build on a wetland a. Drinking water act b. Can’t just dump anything in the ocean 6.) Need different types of waste disposal systems 7.) Government uses C IRCLA a. Superfund- money appropriated by congress to help clean up a certain site. b. If they can’t find out who made the mess, the government will clean the site up. 8.) There are certain defenses against this a. Act of God b. Act of war c. Innocent buyer defense – you purchased a property without knowing it was contaminated. TEST IS TUESDAY AT 12:00...
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This note was uploaded on 05/20/2008 for the course MGMT 246 taught by Professor Apke during the Spring '08 term at CSU Fullerton.

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Enviornmental Law - human health b Secondary ambient...

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