Healy Enviro Law Fall 2012.docx

Ii suspension requires imminent hazard finding which

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ii. Suspension requires imminent hazard finding, which is defined as an adverse effect on the environment. For cancellation, there must be an “unreasonable risk to man or the enviro” accounting for costs and benefits of pesticide use. 1. Risk assessment is similar to receptor curve in calculating the risk/value of a pollutant. iii. EPA makes a finding that the costs >> benefits and the Court gives them deference and sides with them. f. Corrosion Proof Fittings v. EPA (1991) i. Once again, see handout thingy. ii. F – Under TSCA (toxics), the Admin has a mandatory duty to act when there is a reasonable basis that the chemical will present “an unreasonable risk of injury to health or the environment.” 1. Final Standard – pick one of the seven alternatives that is the least burdensome. 2. Problem: these 2 standards may be incompatible by telling the agency 2 different things (act and don’t act). iii. Note – the trigger standard is usually a Coasian analysis. g. Forms of Regulation (consult the handout “4 regulatory approaches” outline; approach is statutorily selected based on risk): i. Info Based Regulation – release info to public to help them act. 1. Don’t regulate the Industry, just report them. ii. Command and Control – Gov tells you what to do. 1. Types of standards: a. Technology based i. Basis for the standard: 1. Available technology 2. Technology forcing ii. Forms of standard: 1. Performance standard (set level of control w/o specifying the method) a. Most common tech std 2. Design std – specifies the process or how equipment is constructed or arranged. a. Seen in CAA, CWA, RCRA b. Health based i. Depend on ambient standards – the level of pollution in the environment. c. Std based on B/C of Regulation 4
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iii. Market Based Regulation – make the right to pollute a priced good, thus incentives polluters to become more efficient. 1. Use of trading scheme for pollution credits or apply a tax. 2. Ex: SOx trading in acid rain provisions a. System makes sense when implementing an existing regime, but it doesn’t find the standard itself. iv. Liability Based Regulation – the polluter pays (resembles C/L) 1. Ex: CERCLA, similar to C/L 2. Note: this has been ineffective!! III. Clean Air Act 5
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a. National Ambient Air Quality Standards (NAAQS) i. CAA is driven and structured around NAAQS (which apply ONLY to criteria pollutants). 1. The statute is directed at achieving attainment of NAAQS. ii. NAAQS are defined for criteria pollutants (most important) which are CO, Pb, NO 2 , O 3 , PM 2.5 , PM 10 , and SO 2 . 1. Criteria pollutants are statutorily defined as (from CAA §108; supplement p.875): a. Emissions, which in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare ; b. Presence of which in the ambient air results from numerous or diverse mobile or stationary sources ; AND c. For which air quality had not been issued before 1970, but for which he plans to issue air quality criteria under this section.
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  • Spring '18
  • Tragedy of the Commons, United States Environmental Protection Agency, CAIR

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