Lecture.Packet.2.Laws.Regs.Full.Version

Lecture.Packet.2.Laws.Regs.Full.Version - CEE 440 2011...

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Unformatted text preview: CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 1 CHAPTER 2. LAWS AND REGULATIONS My teaching goals for Chapter 2 are for you to learn: 1) how laws and regulations affect hazardous waste remediation 2) the major statues that apply to environmental pollution and hazardous waste management 3) the complexity of environmental law CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 2 2 Types of laws that govern environmental protection (four)- - - - Statues refer to the actual law itself in its written form as passed by an act of Congress or the state legislature (i.e. CERCLA, or Superfund, is a statute). Statutes are always written by a legislative body (i.e. Congress). statute law regulations case law common law 2.1 STATUTE LAW (from LaGrega et al., 1994) CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 3 2.2 REGULATIONS Environmental laws are often technically complex and politically dangerous Environmental statutes often specify goals in general terms - leave the details (as regulations) up to the administrative agencies Federal agencies disseminate regulations in the Federal Register , published daily. State agencies publish their regulations in a state register. Laws passed by an administrative agency (e.g., USEPA) as provided for by Congress in a Statute. Lisa Jackson: USEPA Administrator CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 4 Regulations are passed by: 1) 2) 3) publishing the Proposed regulation in Fed Register waiting for comments for a specified time period review the comments and publish the final regulation To avoid confusion between the state and the feds: The more stringent federal or state law is typically followed in each state State given primacy option for enforcement 1) 2) CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 5 Hammer provision: 1) Congress sets dates that certain regulations must be passed 2) Congress may set the regulations if not acted upon by deadline Example: EPA was given the responsibility of setting maximum contaminant level concentrations (MCLs) for hazardous chemicals in drinking water (via Safe Drinking Water Act) in specified time period. EPA often drags feet because: it does not have the resources to make the regulations the regulations they are required to set are politically dangerous guidelines for setting the regulations vague 1) 2) 3) CEE 440 2011 Charles J. Werth, University of Illinois at Urbana-Champaign. All rights reserved. 6 When the EPA fails to promulgate regulations by the required deadlines (as set by Congress), law suits are often brought against the EPA by dissatisfied parties....
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Lecture.Packet.2.Laws.Regs.Full.Version - CEE 440 2011...

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