2. A Short History of Environmental Law
• 1600s-1890s
– Discharges of all forms of pollution are an established disposal
practice
3. Late 1800s-1914
– Similar to prior practices
– Some authority to local health departments and U.S. Forest Service
Rules on grazing and timber-cutting
7. 1960s-1970s
• Johnson administration support substantive federal environmental
regulations
• The Wilderness Act of 1964
– created the legal definition of wilderness in the United States,
and protected some 9 million acres (36,000 km²) of federal
land
10. Environmental Protection Agency
(EPA)
• The EPA was established on December 2, 1970
to consolidate in one agency a variety of
federal research, monitoring, standard-setting
and enforcement activities to ensure
environmental protection.
• Since its inception, EPA has been working for a
cleaner, healthier environment for the
American people.
11. Pollution Incidents and Control
– Notorious Pollution Incidents
• Los Angeles Killer Smog
• New York State’s Love Canal neighborhood (shown below)
• PA’s Donora air pollution deaths
• VA’s Allied Chemical Kepone contamination
– Clean Air Act (CAA)
– Clean Water Act (CWA)
– Toxic control statutes
12. L.A. Killer Smog
• 1943
• Visibility down to 3
blocks
• Stinging eyes, throats
burning
13. Love Canal
• The Love Canal came from the last name of William T. Love,
who in the early 1890s envisioned a canal connecting the
Niagara River to Lake Ontario
• He hoped to serve the area's burgeoning industries with much
needed hydro electricity
• By the 1940s, Hooker Electrochemical Company began
searching for a place to dump the large quantity of chemical
waste it was producing
14. Donora Air Pollution Incident
• The 1948 Donora smog was a historic air
inversion resulting in a wall of smog that killed
20 people and sickened 7,000 more in Donora,
Pennsylvania.
15. Allied Chemical & the Pesticide
Keypone
• Toxic Waste sent through the
Hopewell sewage treatment
plant into the James River.
– 1961 FDA warned of the
toxicity of the substance
– Dust present at the site
– Medical issues,
brain/liver/memory/speech
16. 1994-2000
Environmental laws appear to be around to stay
– Both the EPA and Department of Interior reach
high levels of enforcement credibility
17. Changing Profile of Public Environmental
Awareness and National Policy
– Increasing knowledge of science, etc.
– Shifting degree of industry influence on
presidential policy, congressional affairs, and state
governments
– Shifts in concepts of social responsibility and civil
obligations of individuals and corporations
– Shift in ability of citizens to sue in court and
intervene in agency proceedings.
– Accumulation of applicable legal doctrine, public
law statues and regulations.
18. Regulatory Systems
• All regulatory systems under environmental statutes
have common elements
– Planning and priority setting
– Standard setting
– Permitting
– Monitoring and surveillance
– Enforcement
19. Cooperative Federalism =
Federal/State Partnership
• This entails
– Nationwide environmental planning
– Research and demonstration
– Standard setting at the federal level
– Delegation of legal authority to consenting states for
• Local environmental planning
• Set more stringent standards
• Administer permit systems
• Carry out monitoring, surveillance, and enforcement
20. Who sets the standards?
– Tenth amendment states “The powers not
delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the
people.”
– Typically minimum standards are set by the
Federal government; States may have standards
that are stricter than Federal, they may not have
standards that are more lax than Federal.
21. Several Significant Regulations
• Clean Air Act
• Clean Water Act
• Endangered Species Act
• Safe Drinking Water Act
• Resource Conservation and Recovery Act/Hazardous
and Solid Waste Amendments
• Comprehensive Environmental Response,
Compensation, and Liability Act/Superfund
Amendments and Reauthorization Act
22. Clean Air Act (CAA)
• Congress established much of the basic structure of the Clean Air Act in
1970, and made major revisions in 1977 and 1990.
• To protect public health and welfare nationwide, the Clean Air Act
requires EPA to establish national ambient air quality standards for certain
common and widespread pollutants based on the latest science.
• EPA has set air quality standards for six common “criteria pollutants":
– particulate matter (also known as particle pollution),
– ozone,
– sulfur dioxide,
– nitrogen dioxide,
– carbon monoxide,
– and lead.
23. Clean Water Act (CWA)
• The 1972 amendments:
– Established the basic structure for regulating pollutant discharges into
the waters of the United States.
– Gave EPA the authority to implement pollution control programs such
as setting wastewater standards for industry.
– Maintained existing requirements to set water quality standards for all
contaminants in surface waters.
– Made it unlawful for any person to discharge any pollutant from a
point source into navigable waters, unless a permit was obtained
under its provisions.
– Funded the construction of sewage treatment plants under the
construction grants program.
– Recognized the need for planning to address the critical problems
posed by nonpoint source pollution.
24. Endangered Species Act (ESA)
• The Endangered Species Act provides a program for the conservation of
threatened and endangered plants and animals and the habitats in which
they are found.
• The law requires federal agencies, in consultation with the U.S. Fish and
Wildlife Service and/or the NOAA Fisheries Service, to ensure that actions
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of any listed species or result in the destruction or
adverse modification of designated critical habitat of such species.
• The law also prohibits any action that causes a "taking" of any listed
species of endangered fish or wildlife.
• Likewise, import, export, interstate, and foreign commerce of listed
species are all generally prohibited.
25. Safe Drinking Water Act (SDWA)
• The Safe Drinking Water Act (SDWA) is the federal
law that protects public drinking water supplies
throughout the nation.
• Under the SDWA, EPA sets standards for drinking
water quality and with its partners implements
various technical and financial programs to ensure
drinking water safety.
26. Resource Conservation and Recovery Act
(RCRA)/Hazardous and Solid Waste Amendments
(HSWA)
• RCRA gives EPA the authority to control hazardous waste from
the "cradle-to-grave." This includes the generation,
transportation, treatment, storage, and disposal of hazardous
waste.
• HSWA are the 1984 amendments to RCRA that focused on
waste minimization and phasing out land disposal of
hazardous waste as well as corrective action for releases.
Some of the other mandates of this law include
– increased enforcement authority for EPA,
– more stringent hazardous waste management standards, and
– comprehensive underground storage tank program.
27. Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)/Superfund
Amendments and Reauthorization Act
• -- otherwise known as Superfund -- provides a Federal "Superfund" to
clean up uncontrolled or abandoned hazardous-waste sites as well as
accidents, spills, and other emergency releases of pollutants and
contaminants into the environment.
• Through CERCLA, EPA was given power to seek out those parties
responsible for any release and assure their cooperation in the cleanup.
• EPA cleans up orphan sites when potentially responsible parties cannot be
identified or located, or when they fail to act.
• Through various enforcement tools, EPA obtains private party cleanup
through orders, consent decrees, and other small party settlements.
• EPA also recovers costs from financially viable individuals and companies
once a response action has been completed.
28. What are some current concerns?
• Pollution
• Global Climate Change
• Overpopulation
• Natural Resource Depletion
• Waste Disposal
• Loss of Biodiversity
• De-forestation
• Ocean Acidification
• Ozone Layer Depletion
• Acid Rain
• Water Pollution
• Urban Sprawl
• Public Health
#5:The Dust Bowl, also known as the Dirty Thirties, was a period of severe dust storms that greatly damaged the ecology and agriculture of the American and Canadian prairies during the 1930s; severe drought and a failure to apply dryland farming methods to prevent wind erosion caused the phenomenon. The drought came in three waves, 1934, 1936, and 1939–1940, but some regions of the high plains experienced drought conditions for as many as eight years. With insufficient understanding of the ecology of the plains, farmers had conducted extensive deep plowing of the virgin topsoil of the Great Plains during the previous decade; this had displaced the native, deep-rooted grasses that normally trapped soil and moisture even during periods of drought and high winds.
Source: https://en.wikipedia.org/wiki/Dust_Bowl
Figure: http://en.wikipedia.org/wiki/Dust_Bowl
#7:The Wilderness Act, signed into law in 1964, created the National Wilderness Preservation System and recognized wilderness as “an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” The Act further defined wilderness as "an area of undeveloped Federal land retaining its primeval character and influence without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions . . . ." Source: https://wilderness.nps.gov/faqnew.cfm
Congress has now designated more than 106 million acres of federal public lands as wilderness: 44 million of these acres are in 47 parks and total 53 percent of National Park System lands. Additional national park areas are managed as “recommended” or "proposed" wilderness until Congress acts on their status. Source: https://wilderness.nps.gov/faqnew.cfm
“Race to the Bottom” - a situation characterized by a progressive lowering or deterioration of standards, especially (in business contexts) as a result of the pressure of competition. Dictionary.com
#9:Earth Day - The idea for a national day to focus on the environment came to Earth Day founder Gaylord Nelson, then a U.S. Senator from Wisconsin, after witnessing the ravages of the 1969 massive oil spill in Santa Barbara, California. Inspired by the student anti-war movement, he realized that if he could infuse that energy with an emerging public consciousness about air and water pollution, it would force environmental protection onto the national political agenda. Source: https://www.earthday.org/about/the-history-of-earth-day/
http://www.goodlifer.com/wp-content/uploads/2011/04/GL_EarthDay11_solutionpollution.jpg
http://planetforward.ca/blog/earth-day-2010-40th-anniversary-part-one-flashback-to-1970
#10:President Richard Nixon proposed the establishment of EPA. The agency conducts environmental assessment, research, and education. It has the responsibility of maintaining and enforcing national standards under a variety of environmental laws, in consultation with state, tribal, and local governments.
#11:These are discussed in more detail in the following slides. Photo: https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.photovideoaudio&id=0201290#Photo
#13:Love Canal is a neighborhood within Niagara Falls, New York. The neighborhood is infamously known as the host of a 70-acre landfill that served as the epicenter of a massive environmental pollution disaster that affected the health of hundreds of residents, culminating in an extensive Superfund cleanup operation.
Originally intended as a model planned community, Love Canal served as a residential area before being purchased by Hooker Chemical Company. After its sale to the local school district. Love Canal attracted national attention for the public health problem originated from the massive dumping of toxic waste on the grounds. This event displaced numerous families, leaving them with long-standing health issues and symptoms of high white blood cell counts and leukemia. Consequently, the federal government passed the Superfund law. The resulting cleanup operation under the Superfund law demolished the neighborhood, wrapping up in 2004.
Source: www.wikipedia.com
#14:The fog started building up in Donora on October 27, 1948. By the following day it was causing coughing and other signs of respiratory distress for many residents of the community in the Monongahela River valley. Many of the illnesses and deaths were initially attributed to asthma. The smog continued until it rained on October 31, by which time 20 residents of Donora had died and approximately one third to one half of the town's population of 14,000 residents had been sickened. Another 50 residents died of respiratory causes within a month after the incident. Hydrogen fluoride and sulfur dioxide emissions from U.S. Steel's Donora Zinc Works and its American Steel & Wire plant were frequent occurrences in Donora. What made the 1948 event more severe was a temperature inversion, a situation in which warmer air aloft traps pollution in a layer of colder air near the surface. The pollutants in the air mixed with fog to form a thick, yellowish, acrid smog that hung over Donora for five days. The sulfuric acid, nitrogen dioxide, fluorine, and other poisonous gases that usually dispersed into the atmosphere were caught in the inversion and accumulated until rain ended the weather pattern.
It was not until Sunday morning, the 31st of October, that a meeting occurred between the operators of the plants, and the town officials. Burgess Chambon requested the plants temporarily cease operations. The superintendent of the plants, L.J. Westhaver, said the plants had already begun shutting down operation at around 6 a.m. that morning. With the rain alleviating the smog, the plants resumed normal operation the following morning.
http://en.wikipedia.org/wiki/1948_Donora_smog http://www.metrolic.com/biggest-industrial-disasters-from-the-united-states-of-america-144393
#15:In the US, kepone was produced by Allied Signal Company and LifeSciences Product Company in Hopewell, Virginia. The improper handling and dumping of the substance into the nearby James River (U.S.) in the 1960s and 1970s drew national attention to its toxic effects on humans and wildlife. The product is similar to DDT.
Source:
https://en.wikipedia.org/wiki/Kepone
Photo: http://virginiahumanities.org/2016/12/the-legacy-of-kepone/
#17:Statute: a written law passed by a legislative body. Source: Dictionary.com
Regulations are mandatory requirements that can apply to individuals, businesses, state or local governments, non-profit institutions, or others. Source: www.epa.gov
Legal doctrine: A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, eventually it becomes established as the de facto method of deciding like situations. Source: https://en.wikipedia.org/wiki/Legal_doctrine
#22:Dense, visible smog in many of the nation's cities and industrial centers helped to prompt passage of the 1970 legislation at the height of the national environmental movement. The subsequent revisions were designed to improve its effectiveness and to target newly recognized air pollution problems such as acid rain and damage to the stratospheric ozone layer.
https://www.epa.gov/clean-air-act-overview/clean-air-act-requirements-and-history, photo:
https://phys.org/news/2013-11-air-quality-chesapeake-bay-watershed.html
#23:The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA).
https://www.epa.gov/laws-regulations/history-clean-water-act
#24:https://www.epa.gov/laws-regulations/summary-endangered-species-act, photo: us fish and wildlife.org
#26:Hazardous waste is regulated under a “cradle to grave” concept, meaning that the waste is tracked via written records from the time it becomes a waste, and that ownership remains with the generator forever. Source: www.mtu.edu/ehs/forms-procedures/hazardous-waste/
Source: https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act
#27:EPA is authorized to implement the Act in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies.
There are approximately 14 Superfund sites in Maine currently.
https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act
#28:Ask students about other areas of the environment that they are concerned with.
