Created by Pamela S. Evers, Assoc. Prof., UNCW, for Educational Purpose © 2001 (w annual updates)ENVIRONMENTAL LAWHOW DO WE PROTECT OUR ENVIRONMENT?• Regulatory law (stick)• Market incentives (carrot)• Voluntary MeasuresThe Subject of the Laws . . . Health & SafetyThe Subject of the Laws . . . Environmental Degradation Zortman-Landusky MineIllegal sawmill, Borneo Natl ParkThe Subject of the Laws . . . Toxic Substances Tested on students, 1998The Subject of the Laws . . . Pollution Oil refinery spill & fire after Hurricane KatrinaPollution & Toxic Substances• Pollution is “any substance in environment that endangers human welfare” • Toxic substances linked to• carcinogenesis• mutagenesis• teratogenesis• behavior disorders & unique diseasesFish Consumption Advisories -MercuryExample• 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; AF-damaged 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 RegulationAmerican Flag, Navajo Nation FlagCivil Actions• Nuisance: Owner is liable if they use property in a manner that unreasonably interferes with others‟ rights to use or enjoy their own propertyNC Hog farm runoff into wetlands & river systemCivil 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 careDead hogs near Neuse River after Hurricane FloydLocal 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 lawsAlley in Downtown WilmingtonZoning• Purpose is to ensure orderly physical development of regulated area, gen‟ly based on ordinance of a municipalityUrban sprawl, critical habitat of California gnatcatcherZoning• If land use conflicts with zoning ordinance, use is a “nonconforming use”• State agencies or municipalities may grant a “variance” to allow non-conforming usesState & 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 waterwaysPhotos: Hog waste flows by permit into NC river basin, warning sign re: NC riverFederal 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 lawsFederal 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 pollutionPermitted pollution, Shreveport, LAAdmin. 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 decisionsOVERVIEW OF FEDERAL ENVIRONMENTAL LAWSNational 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 affectthe environment• EIS must analyze environmental impact of proposed action and alternative actionsEnvironmental 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 PeriodMEDIA SPECIFIC LAWS• Air Pollution• Water Pollution• Land Pollution• Hazardous Wastes• Toxic ChemicalsDuke 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 CarolinaAIR POLLUTION• Toxic air pollutants• Acid Rain• Indoor Air Pollution • Ozone Depleting Substances• Greenhouse Gases and Global WarmingPaper Mill, LouisianaPrimary 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 pollutersHomes near Chevron plant, Texas City, TXPrimary Statute: Clean Air Act• Implemented by agency regulations
View Full Document
Unlocking...