Governmental Process in ENVGovernment & Environmental TechnologyWhat are laws?Two forms of law in the U.S.Public or Criminal LawSlide 6Private or Civil LawOther Important Terms for Understanding LawThree branches of U.S. GovernmentExecutive BranchLegislative BranchJudicial BranchSupreme laws of the land!Slide 14Slide 15Rules and Regulations are developed by regulatory agenciesFederal Register SystemRegulatory Numbering SystemEnforcement Monitoring ComplianceFreedom of Information Act of 1966The Privacy Act of 1974Enforcement ActionsAdministrative Enforcement ActionCivil ActionsCriminal ActionsSlide 26National Environmental Policy ActFederal Clean Air ActFederal Clean Water ActSafe Drinking Water ActResource Conservation and Recovery ActFederal Insecticide, Fungicide, and Rodenticide ActComprehensive Environmental Response, Compensation, and Liability ActAsbestos Hazard Emergency Response ActToxic Substance Control ActMarine Protection, Research, and Sanctuaries ActOccupational Safety and Health ActAtomic Energy ActHazardous Materials Transportation ActGovernmental Process in ENVGovernment & Environmental Technology•Governmental Processes; federal, state & local governments all play a role•Practitioners in the field of Environmental Technology need to know how to locate, read and understand numerous environmental laws and regulations.What are laws?•Called statutes or acts•Restraining standards that govern society•Enacted with the goal of creating a better societyTwo forms of law in the U.S.•Criminal (public) Law•Civil (private) Law•Divided between laws against society (Criminal Law) and those between individuals (Civil Law)Public or Criminal Law•Laws providing the basic rules of our system of government•Criminal acts against society•Operation and establishment of administrative agencies•Court cases•Prescribes punishments for violations•Can be subject to interpretation because they are written to cover a broad range of activities•Can include an interwoven body of court decisions, statutes, regulations, policies and procedures that are continually changing •Evidence for conviction must be “beyond a reasonable doubt”Private or Civil Law•Settles disputes between parties or individuals•Government’s role is to act as judge•Preponderance of evidence is the level of evidence for convictionOther Important Terms for Understanding Law•Statutory law is written law, the exact wording approved by a legislative body•Case law consists of written decisions made by courts and are used as precedents in making future decisionsThree branches of U.S. GovernmentExecutive Branch•Proposes laws and approves or vetoes laws passed by the legislative branch as well as enforces the laws•Consists of the President and the regulatory and administrative agencies who report to him•The President nominates the heads of the various agencies, who are then accepted or declined by CongressLegislative Branch•Makes & amends laws•Appropriates funds to enact legislationJudicial Branch•Examine Laws•Interpret laws through court cases•Assure laws are justly appliedSupreme laws of the land!•No state can enact a law less strict than the federal law•They do have the right to make more restrictive laws•Many states allow citizens to take law making into their own hands through the initiative process or through referendums (Example - Calif. Propositions)•Both require petitions to illustrate voter support before the issue will be placed on the ballot•Congressional statues are found in the US Code or USC•The implementation of the law is carried out by independent agencies of the federal government or state governments–They interpret the law and create regulations to enforce specific compliance requirementsRules and Regulations are developed by regulatory agencies•EPA•DOT (including the Coast Guard) •Department of Labor including OSHA and the Mine Safety and Health Administration•NRC – Nuclear Regulatory Administration•Department of the Interior including the Fish and Wildlife Service and the Land Management Bureau•Department of EnergyFederal Register System•Announces and publishes rules in two major publications–The Federal Register – FR•Published information on proposed rules, final rules, notices on proposed rule making and meeting notices–The Code of Federal Regulations - CFR •A listing of all the rules published in the FR compiled in a rule book by topicRegulatory Numbering System•Title 40CFR•Part 260•Section 4•Paragraphs (a)(1)(ii)• i.e. §260.4(a)(1)(ii) of 40CFREnforcementMonitoring Compliance•Compliance Evaluation Inspection (CEI)•Can be routine•Follow complaints or tips•Result from referrals from other agenciesFreedom of Information Act of 1966 •The public is entitled to any information collected by a governmental agency–Records for environmental assessments can be obtained in this manner or in a more informal mannerThe Privacy Act of 1974•Federal agencies must provide individuals with information pertaining to them•And are required to amend or correct any files that are inaccurateEnforcement ActionsList of steps available for enforcement:•Administrative Enforcement Actions•Civil Actions•Criminal ActionsAdministrative Enforcement Action•Least severe action available does not involve the court system•May be an Notice of Violation (NOV), Notice of Deficiency (NOD), or more formal administrative order (w/ public meeting requirement)•Resolution could be by correction of the problem, sometimes accompanied by a fine•Used to force compliance, the taking of corrective action, monitoring, testing and analysis, or to address a threat to human health or environmentCivil ActionsFormal lawsuits filed by federal,state or local government attorneys (or private individuals)•Can be used to force compliance•Suspend or revoke permits or authorizations•Impose large penalties•The burden of proof for the plaintiff is only a preponderance of evidence (true for all civil actions)Criminal Actions•Most severe action available•Can result in fines and/or imprisonment•Result of severe violations such as falsifying evidence or reports, putting another person in imminent danger or illegal disposal of hazardous waste–Misdemeanors are punishable by a fine and/or prison (generally short <1 year)–Those who commit felonies can be imprisoned longer–But guilt must be proven beyond a