Chapter 40 - Environmental Law

Question 1

Environmental Protection Agency (EPA)

Answer 1

• Regulate air quality and water quality

- Protect human health and the environment.

Question 2

Massachusetts v. EPA

Answer 2

• State of Massachusetts sued EPA because EPA wasn’t regulating greenhouse gases.
• MA wanted to force EPA to regulated it.
• MA won and caused EPA to act because they had standing.

Question 3

Clean Air Act (CAA)

Answer 3

• Regulates Carbon Monoxide, Lead, Sulfur, etc.

- Business must use “maximum available control technology” to control pollution put into the air.

Question 4

Clean Water Act (CWA)

Answer 4

• No discharge of pollutants into the water.

- Need permit to dump anything into the water.

Question 5

CERCLA: Comprehensive Environmental Response Compensation and Liability Act

Answer 5

• Regulates pesticides, herbisides, asbestos, nuclear waste, etc.
• If a landowner doesn’t clean up property that poses a hazard, gov’t can clean it up and then sue.
• Imposes a liability on “Principally Responsible Parties”
• SUPERFUND - where gov’t gets money to do this.

Question 6

Environmental Impact Statement

Answer 6

• If you do anything on any property near river, swamp, etc. the gov’t needs this statement to know what you are doing.
• Must be prepared whenever a project may significantly impact the environment.