ENVIRONMENTAL LAW Created by Pamela S Evers Assoc Prof UNCW for Educational Purpose 2001 w annual updates HOW DO WE PROTECT OUR ENVIRONMENT Regulatory law stick Market incentives carrot Voluntary Measures The Subject of the Laws Health Safety The Subject of the Laws Environmental Degradation Zortman Landusky Mine Illegal sawmill Borneo Natl Park The Subject of the Laws Toxic Substances Tested on students 1998 The Subject of the Laws Oil refinery spill fire after Hurricane Katrina Pollution Pollution Toxic Substances Pollution is any substance in environment that endangers human welfare Toxic substances linked to carcinogenesis mutagenesis teratogenesis behavior disorders unique diseases Fish Consumption Advisories Mercury Example DNA damaged by carcinogenic and mutagenic 2 aminofluorene 2 AF Aromatic amines are a category of environmental carcinogens present in tobacco smoke automobile exhaust dyes and other industrial products and broiled meats and fish These substances when activated biochemically can bind to DNA and cause a mutation when the DNA replicates Such mutations widely believed to be initiating event in carcinogenesis by these substances Often the target base in the DNA to which the carcinogen binds is guanine G Interestingly it has been found that a carcinogen bound guanine may be highly mutagenic a hotspot or weakly or non mutagenic depending on what the neighbor bases are DAMAGED DNA Left AF in B DNA major groove the predominant structure at a mutational coldspot Right AF inserted into helix with displacement of damaged guanine the predominant structure at a mutational hotspot Color code AF blue AFdamaged guanine yellow cytosine partner to damaged guanine gray From Memorial Sloan Kettering Cancer Center Sources of Environmental Law Principal sources of environmental law Civil Common Law Actions State Tribal and Municipal Regulation Federal Regulation American Flag Navajo Nation Flag Civil Actions Nuisance Owner is liable if they use property in a manner that unreasonably interferes with others rights to use or enjoy their own property NC Hog farm runoff into wetlands river system Civil Actions Negligence and Strict Liability Owner failed to use reasonable care toward a third party whose injury was foreseeable and caused by lack of reasonable care Dead hogs near Neuse River after Hurricane Floyd Local Regulation City and county governments control some aspects of the environment Location and conditions of parks streets and other public areas Methods of waste and garbage removal Local zoning laws Alley in Downtown Wilmington Zoning Purpose is to ensure orderly physical development of regulated area gen ly based on ordinance of a municipality Urban sprawl critical habitat of California gnatcatcher Zoning If land use conflicts with zoning ordinance use is a nonconforming use State agencies or municipalities may grant a variance to allow non conforming uses State Tribal Regulation States and Tribes enact laws to regulate degree to which environment may be polluted Implemented by state agencies state laws must comply with or support federal law Implemented by permits to pollute that describe pollution limits for air emissions or discharge into waterways Photos Hog waste flows by permit into NC river basin warning sign re NC river Federal Regulation Federal environmental policy is achieved by statutes that are implemented through federal agencies Ex Environmental Protection Agency 1970 Litigation injunction and penalties civil criminal are possible consequences of violating environmental laws Federal Regulation 1970s in response to consumer demands for environmental protection Congress enacted numerous environmental laws including National Environmental Policy Act 1969 Clean Air Act 1970 Clean Water Act 1972 Endangered Species Act 1973 Federal Regulation 1970 80s Resource Conservation and Recovery Act RCRA 1976 Toxic Substances Control Act TSCA 1976 Comprehensive Environmental Response Compensation and Liability Act CERCLA 1980 including Superfund program Federal Regulation Environmental laws constantly undergo change new laws amendments to old laws greater or lesser enforcement of existing laws Current laws don t PREVENT pollution but only LIMIT pollution Permitted pollution Shreveport LA Admin Agency Enforcement Federal Envtl Protection Agency EPA Occupational Safety Health Admin OSHA and Dept of Justice DOJ work to implement enforce law Agencies issue regulations to support federal laws Agencies must take environmental factors into consideration when making significant decisions OVERVIEW OF FEDERAL ENVIRONMENTAL LAWS National Environmental Policy Act NEPA the first modern environmental law does not deal with pollution control NEPA requires each agency to prepare an environmental impact statement EIS when a major federal action may affect the environment EIS must analyze environmental impact of proposed action and alternative actions Environmental Impact Statement An EIS must analyze Impact of proposed action on the environment Any adverse effects of the action and alternatives to the action EIS must consider alternative methods that are practical feasible Any irreversible effects action might generate Examples EISs With Open Comment Wait Period MEDIA SPECIFIC LAWS Air Pollution Water Pollution Land Pollution Hazardous Wastes Toxic Chemicals Duke Energy Riverbend Steam Station a high hazard potential coal waste dump Refers to site at which a dam failure would most likely cause loss of human life no assessment of likelihood Duke owns 10 of the high hazard potential sites all of which are located in North Carolina AIR POLLUTION Toxic air pollutants Acid Rain Indoor Air Pollution Ozone Depleting Substances Greenhouse Gases and Global Warming Paper Mill Louisiana Primary Statute Clean Air Act Goal improving National Ambient Air Quality through standards NAAQS Focus controlling pollution from mobile sources and stationary sources by issuing permits to polluters Homes near Chevron plant Texas City TX Primary Statute Clean Air Act Implemented by agency regulations standards Air quality standards unchanged since 1978 Established for six criteria pollutants lead CO VOCs SO2 particulates and NO2 Enforced by agency action and citizen suits Example Titan Cement Nov 2 2009 USEPA told NC regulators that the draft air permit for proposed Titan Cement plant near Wilmington doesn t meet new soon to be released pollution standards for cement plants International Environmental Law
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