Chapter 45
Environmental Law
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Introduction
The principal sources of environmental law are:
 Common Law Actions.
 State and Local Regulation.
 Federal Regulation.
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§ 1: Common Law Actions
Nuisance.
 Person liable if they use their property in a
manner that unreasonably interferes with others’
rights to use or enjoy their own property.
Negligence and Strict Liability.
 Business or person alleged failure to use
reasonable care toward a party whose injury was
foreseeable and, or course, caused by the lack of
reasonable care.
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§ 2: State and Local Regulation
States regulate the degree to which the
environment may be polluted.
City, county, and other local governments control
some aspects of the environment.
• Local zoning laws.
• Methods of waste and garbage removal.
• Location and conditions of parks, streets and other public
areas.
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§ 3: Federal Regulation
Federal environmental policy is achieved through
federal agencies:
 Example: Environmental Protection Agency (EPA).
 Regulatory agencies must take environmental factors
into consideration when making significant decisions.
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Federal Regulation
National Environmental Policy Act (NEPA).
 Does not directly deal with pollution control.
 Require preparation of an environmental impact
statement (EIS) when major federal action in the
environment is to be undertaken.
Media Specific Pollution Control Legislation.
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Environmental Impact Statement
An EIS must analyze:
 The impact of the proposed action on the
environment.
 Any adverse effects of the action and alternatives to
the action.
 Any irreversible effects the action might generate.
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§ 4: Air Pollution
 Clean Air Act.
 This act provides the basis for issuing regulations to
control pollution coming primarily from mobile
sources and stationary sources.
 It prescribes the use of pollution control equipment that
represents the maximum achievable control technology.
 Case 45.1: Clean Air Markets Group v. Pataki (2002).
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§5: Water Pollution
Clean Water Act goals are:
 Safe swimming.
 Protection of fish and wildlife.
 Elimination of the discharge of pollutants into
waterways.
Pollution control is largely achieved through the
use of the best available control technology.
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§6: Noise Pollution
Noise Control Act.
 Establishes noise emissions standards (maximum
noise levels below which no harmful effects occur
from interference with speech or other activity).
 Prohibits distributing products manufactured in
violation of the noise emission standards.
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§ 7: Toxic Chemicals
Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA).
 Regulates the use of pest control chemicals in the process of
food growth to food packaging, to minimize their presence in
foods consumed.
Toxic Substances Control Act.
 Requires anyone planning to use chemicals first determine
their effect on human health and the environment.
 Require special labeling, limit the use of substance, set
production quotas, or prohibit the use of a substance
altogether.
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§ 8: Hazardous Wastes
Resource Conservation and Recovery Act.
 Authorizes the EPA to issue regulations for the monitoring,
transporting, storage, treatment, and disposal of hazardous
substances.
 Case 45.2: U.S. v. Elias (2001).
 CERCLA.
 Designed to ensure the clean-up of hazardous waste sites and
to assign liability for the costs of the cleanup operations.
 Liability for cleanup costs can be assigned to any potentially
responsible party (PRP).
 Case 45.3: Carson Harbor Village Ltd. V. Unocal Corp.
(2001).
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§ 9: Global Environmental Issues
Cross-Border Pollution.
Global Warming.
Is Economic Development the Answer?
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Law on the Web
Environmental Protection Agency.
EPA’s “buy-recycled” requirements.
Legal Research Exercises on the Web.
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