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ENVIRONMENTAL PROTECTION AND GLOBAL WARMING
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CHAPTER 45 CHAPTER 45
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Environmental Protection Agency
• Created in 1970 to coordinate implementation and enforcement of federal environmental laws.– Broad rule-making powers– Adjudicative powers
• EPA can initiate judicial proceedings against suspected violators of federal environmental laws.
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National Environmental Policy Act
• Mandates that federal government must consider the adverse impact a federal government action would have on the environment before the action is implemented.– E.g., when new highway planned, or
government considering licensing a nuclear power plant.
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Environmental Impact Statement
• Must be prepared for all federal action that significantly affects the quality of the human environment.
• To provide information about the environment so that government can determine feasibility of the project.
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Environmental Impact Statement (continued)
• EIS must:– Describe affected environment.– Describe impact of project.– Identify and discuss alternatives.– List resources to be committed.– Contain cost-benefit analysis.
• Subject to public review and comments.• EPA decisions appealable to appropriate U.S.
court of appeals.
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Clean Air Act
– First enacted in 1963 to assist states in dealing with air problems.
– Amended in 1970, 1977, 1990.
– Provides comprehensive regulation of air quality in the United States.
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Pollution Sources
Stationary Sources Stationary Sources of Air Pollutionof Air Pollution
Mobile Sources of Mobile Sources of Air PollutionAir Pollution
Nonattainment Nonattainment AreasAreas
Toxic Air PollutantsToxic Air Pollutants
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Sources of Air Pollution
• Stationary sources– E.g., industrial plants, oil refineries, public
utilities.– States must identify major sources and
develop plans to reduce pollution.• Mobile sources
– Automobiles, airplanes, and other vehicles.– CAA sets emission standards, requires air
pollution controls on vehicles.
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National Ambient Air Quality Standards
• EPA sets standards for certain pollutants.– E.g., carbon monoxide, lead, particulates.
• Standards set at two levels:– Primary – to protect human beings.– Secondary – to protect vegetation, matter,
climate, visibility, and economic values.• States responsible for enforcement.
– Prepare state implementation plans.– Federal EPA monitors compliance.
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Nonattainment Areas
• Regions that do not meet air quality standards.– Five categories, ranging from marginal to
extreme.
• States must submit compliance plans.– Failure to develop and implement approved
plan will cause loss of highway funds and limitations on new sources of emissions.
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Clean Water Act
• First enacted in1948, amended several times.
• Provides comprehensive regulation of water quality.– Drinking water sources.– Recreational sources.– Agricultural and industrial uses.– Protection of fish and wildlife.
• Primarily enforced by states.
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Point Sources of Water Pollution
• Sources of water pollution such as paper mills, manufacturing plants, electric utility plants, and sewage plants.
• Dischargers must obtain permits, keep records, maintain monitoring equipment, and keep samples of discharge.
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Thermal Pollution
• CWA prohibits heated water or material discharged into waterways that upsets the ecological balance and decreases the oxygen content.
• Regulation of electric utility companies, manufacturing facilities to prevent.
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Wetlands
• Areas that are inundated or saturated by surface water or ground water that support vegetation typically adapted for life in such conditions.– E.g., swamps, marshes.
• CWA forbids filling or dredging of wetlands or navigable waters without permit from Army Corps of Engineers.
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Safe Drinking Water Act
• Authorizes the EPA to establish national primary drinking water standards.
• Prohibits the dumping of wastes into wells used for drinking water.
• States primarily responsible for enforcing the act.
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Ocean Protection
• Marine Protection, Research, and Sanctuaries Act – Extended environmental protection to the
oceans.– Requires a permit for dumping wastes and
other foreign materials into ocean waters.– Establishes marine sanctuaries in ocean
waters and in the Great Lakes and their connecting waters.
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Oil Spills
• Oil Pollution Act of 1990 requires oil industry to adopt procedures and contingency plans.
• CWA authorizes the U.S. government to clean up oil spills and spills of other hazardous substances in ocean waters.– Government can recover cleanup costs from
responsible parties.
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Toxic Substances
• Chemicals used for agricultural, industrial, and mining that cause injury to humans, birds, animals, fish, and vegetation.
• Key federal laws:– Insecticide, Fungicide, and Rodenticide Act
(FIFRA)– Toxic Substances Control Act (TSCA)
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Toxic Substances Control Act
• EPA identifies toxic pollutants.
– E.g., mercury, benzene.
• EPA sets standards for these chemicals
without regard to economic or technological
feasibility.
• EPA requires stationary sources to control
emissions, manufacturers to test new
chemicals; may limit manufacture or sale.
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Insecticides, Fungicides, and Rodenticides
• Products must registered with EPA before being sold.
• EPA may deny, suspend, or cancel registration.– E.g., DDT.
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Resource Conservation and Recovery Act (RCRA)
• Regulates hazardous waste: solid waste that may cause or significantly contribute to an increase in mortality or serious illness or pose a hazard to human health or the environment if improperly managed.
• Regulates facilities that generate, treat, store, transport, and dispose of hazardous wastes.
• States have primary responsibility for implementing standards established by the Act.
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Superfund
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
• Administered by EPA.
• Gives the federal government a mandate to deal with hazardous wastes that have been spilled, stored, or abandoned.
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Superfund (continued)
• EPA identifies sites where hazardous wastes have been disposed, stored, abandoned, or spilled, and ranks these sites regarding the severity of risk.
• Sites remediated using money from responsible parties or money from Superfund.– Generator, transporter, former or current
owner of site may be held liable.– Responsible parties liable without regard to
fault.
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Radiation Pollution
• Emissions from radioactive wastes that can cause injury and death to humans and other life and can cause severe damage to the environment.
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Radiation Pollution (continued)
• EPA empowered to set standards for radioactivity in the environment and to regulate the disposal of radioactive waste.
• Regulates thermal pollution from nuclear power plants.
• Regulates emissions from uranium mines and mills.
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Nuclear Regulatory Commission
– Licenses the construction and opening of commercial nuclear power plants.
– Continually monitors the operation of nuclear power plants and may close a plant if safety violations are found.
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Global Warming
• Kyoto Protocol signed by 178 countries in 2001.– U.S. did not sign.
• Calls for reduction of greenhouse gases to 5.2% below 1990 levels by 2012.
• Creates fund to help developing countries adopt technologies to reduce greenhouse gases.
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Endangered Species Act
– Secretary of the Interior is empowered to declare a form of wildlife endangered or threatened.
– Act requires EPA and the Department of Commerce to designate critical habitats for each endangered and threatened species.
– Act prohibits the taking of any endangered species.
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Federal Wildlife Laws
• Migratory Bird Treaty Act• Bald Eagle Protection Act• Wild Free-Roaming Horses and Burros Act• Marine Mammal Protection Act• Migratory Bird Conservation Act• Fishery Conservation and Management Act• Fish and Wildlife Coordination Act• National Wildlife Refuge System
• Migratory Bird Treaty Act• Bald Eagle Protection Act• Wild Free-Roaming Horses and Burros Act• Marine Mammal Protection Act• Migratory Bird Conservation Act• Fishery Conservation and Management Act• Fish and Wildlife Coordination Act• National Wildlife Refuge System
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State Environmental Protection Laws
• Many state and local governments have enacted statutes and ordinances to protect the environment.– E.g., Florida laws to protect Everglades.
• States are entitled to set pollution standards that are stricter than federal requirements.
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