Responsible party is liable for cost of cleanup and

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Responsible party is liable for cost of cleanup and damages 140) Clean Air Act – of 1963, amended in 1990 a) Recognizes air pollution as problem, includes smog, soot, carbon monoxide, sulfur dioxide, acid rain, etc. b) Authorizes EPA to enforce air quality standards 141) Bubble Concept – setting an overall emission standard for an entire plant rather than setting a standard for each of the plant processes. a) Allows companies an efficient way to achieve emission standards 142) Resource Conservation and Recovery Act – RCRA – of 1976 – sets standards to manage hazardous and nonhazardous waste (applies to solid waste) a) Garbage, refuse, sludge or water treatment plants
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BUSINESS LAW - CLEP b) Operators must obtain EPA permits 143) CERCLA – aka Superfund Law- passed in 1980 (Comprehensive Environmental Response, Compensation, and Liability Act) a) Funds set aside for the use by the EPA, state and local governments to control the release of hazardous waste b) Right to Know – requires facilities to notify state or local officials about hazardous chemicals 144) Toxic Substances Control Act a) Authorizes EPA to secure information about new or existing chemical substances that pose a risk to the public or environment BEFORE they are manufactured 145) Federal Environmental Pesticide Act – FEPCA - requires registration of all pesticides before sale a) pesticide manufacturing, labeling and use a.i) must be classified according to general or restricted use a.ii) users must be certified 146) Nuclear Regulatory Commission – oversees construction, ownership, and operations of commercial nuclear power reactors a) Issues permits for construction and site approval 147) Price-Anderson Act – sets a limits on monetary liability of companies for a nuclear accident a) Must carry $200 million in liability insurance b) If damages exceed $200 million, all U.S. operators must contribute $80 million each, government covers the rest 148) Nuclear Waste Policy Act – enacted in 1982 a) the government’s responsibility to provide a place to dispose radioactive waste and nuclear fuel b) focus is now on a repository at Yucca Mountain in Nevada 149) Endangered Species Act of 1973 – provides protection to plants and animals endanger of extinction a) Makes it a federal crime to buy, sell, or possess any species that is endangered or threatened b) Enforced by U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) c) Also protects the habitats these species live in 150) Alternative Dispute Resolution (ADR ) – methods other than litigation to settle environmental disputes a) Litigation is expensive, example: under the Superfund law the EPA must try to negotiate settlements with private parties 151) Strict Liability – no negligence or intention on the company still liable for damages a) Matter of public policy b) Activities that are inherently dangerous b.i)Examples: dynamite blasting, keeping wild animals 152) Misrepresentation – did not involve the “meeting of the minds” a) Innocent Misrepresentation – no intent to defraud the other party b) Fraud – intent did exist
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Responsible party is liable for cost of cleanup and damages...

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