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exam 3 study guide - Chapter 32 Environmental Law Common...

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Chapter 32: Environmental Law Common Law Actions ~Common law remedies against environmental pollution originated centuries ago in England. Nuisance : a common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property. *What you do to your property that could harm your neighbor in any way. ~ This was the beginning of environmental law adulterated (polluted) Private nuisance: can bring common law tort against them, individual vs. polluter o Ex) company uses factory to create pollution, individual can bring suit on them Public nuisance: large enough where the government will take action against, government vs. group of individuals Migratory Bird Treaty Act of 1918- you can’t harvest a bird without a license, limiting the number killed Enterprise would set up raft on lake with 50 shotguns, shot at once and kill ducks and geese, do so much shooting, species would go extinct and hunters get made because there was nothing to hunt Federal Regulation ~The primary agency regulating environmental law is the Environmental Protection Agency (EPA) , which was created in 1970 to coordinate federal environmental responsibilities. Typically the federal government relies on state and local governments to enforce federal environmental statutes and regulations such as those regulating air quality. DHEC of SC - has authority to enforce law, over the federal law ~Exception: Clemson University- pesticides and herbicides Air Pollution ~In 1963, the federal government passed the Clean Air Act (CAA) , which focused on multistate air pollution and provided assistance to the states. Various amendments have strengthened the government’s authority to regulate the quality of air. ~These laws provide the basis for issuing regulations to control pollution coming primarily from mobile sources (such as automobiles) and stationary sources (such as electric utilities and industrial plants). Five Criteria Air Pollutants 1. PM 10- tiny particles in air get in lungs 2. NOx- created by burning fuel, creates 0 3 ozone (smog) 3. Pb- lead; birth defects 4. SO2- sulfur dioxide; creates acid rain 5. CO- carbon monoxide; you die Clean Air Act - controls these things, emission controls, has managed to keep pollution at the same level ~Hg (mercury) and CO 2 + are not covered under the CAA Example: LA Valley basin- has its own class for air pollution; the sun + NOx from factories + car emissions leads to the heat being trapped within the valley, has worst air in country Mobile Sources of Pollution
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Regulations governing air pollution from automobiles and other mobile sources specify pollution standards and establish time schedules for meeting the standards. Stationary Sources of Pollution The Clean Air Act authorizes the EPA to establish air-quality standards for stationary sources but recognizes that the primary responsibility for preventing and controlling air pollution rests with the state and local governments.
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