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9780820528922

Understanding Environmental Law

by ;
  • ISBN13:

    9780820528922

  • ISBN10:

    0820528927

  • Format: Paperback
  • Copyright: 1998-11-01
  • Publisher: Lexis Nexis Matthew Bender

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Table of Contents

Administrative, Judicial, and Constitutional Aspects of Environmental Law
Administrative Decision-Making and Judicial Review
Decision-Making
Judicial Review
Rule-Making
Standing and Related Issues
Standing
Introduction
Economic Injury Not Required
Actual Injury Required
Standing Is Determined on Case-by-Case Basis
Exhaustion of Administrative Remedies
Ripeness
Citizen Suit Provisions
Constitutional Basis for Environmental Law
Commerce Power
Other Congressional Powers
The Treaty Power
The States' Police Power
Constitutional Restrictions
Preemption
Burden on Interstate Commerce
``Dormant Commerce Clause''
When State Is a Market Participant
De Facto Takings
Excessive Regulation of Property Deemed a ``De Facto Taking'' Requiring Just Compensation
There Are Two Categories of De Facto Takings
Factors Used in Determining Whether a Taking Has Occurred
No Taking If Owner Retains Reasonable Value
Landmark Preservation Laws and the Free Exercise Clause
No Taking If Regulation Tantamount to Abating a Nuisance
Reasonable Expectations Measured as of Date of Purchase
Regulation Must Have Nexus with Intended Purpose
Need for ``Rough Proportionality'' Between Regulation and Purpose
Parcel Viewed as a Unitary Tract; Partial Restriction Not a Taking
Physical Invasion May Be a Taking
States' Reserved Powers
Sovereign Immunity and the Eleventh Amendment
Federal Sovereign Immunity Is Limited by Congress
States' Sovereign Immunity and the Eleventh Amendment's Limits on Suits Against States in Federal Courts
Policy Issues
Costs and Benefits: Balancing Environmental Economic Factors; Risk Assessment
Weighing Economic and Environmental Costs
Risk Assessment: Pro and Con
Cost-Benefit Analysis
Environmental Regulation Adopts Risk Assessment
Technology: Conflict Between Setting High Technological Standards and the Availability of the Technology to Meet Those Standards
Mandating Technological Improvements
Cost-Benefit Approach to Hazardous Waste Cleanup
The Carrot or the Stick? ``Command and Control'' Regulation versus Incentives to Foster Voluntary Compliance
Criminal and Civil Sanctions
Both Criminal and Civil Penalties Employed
Criminal Penalties Raise Constitutional Issues
Criteria for Civil Penalties and Abatement Orders
Federal versus State and Local Enforcement
Congress Generally Has Not Preempted State Regulation
Factors Governing Federal or State Enforcement
Land Use Regulation Chiefly Local
Environmental Justice
SLAPP Suits (Strategic Lawsuits Against Public Participation)
Suits Aimed at Deterring Opponents of Projects
First Amendment Protection for Project Opponents
State Statutes Restricting SLAPP Suits
Common Law Remedies
Nuisance
Introduction
Public and Private Nuisance
Liability
Nuisance Is an Unreasonable Interference with Rights in Land
Private Nuisance and the Requirement of Fault
Nuisance Must Reach the Property
Defenses
Objective Standard
Limitations and Laches
Coming to the Nuisance
Effect of Regulatory Statutes
Remedies
Damages for Permanent or Temporary Nuisance
Punitive Damages and Their Limits
Injunction Available to Abate Nuisance
Courts Balance the Equities in Issuing Injunctions
Federal Nuisance
Federal Nuisance Approved in 1972 Supreme Court Decision
Supreme Court Later Held Federal Nuisance Preempted
Trespass
Strict Liability in Tort
Negligence
Riparian Rights
Common Law Riparian Rights
Riparian Right to Reasonable Flow
No Riparian Right to Pollute
Prior Appropriation
Rights to Groundwater
Public Trust Doctrine
Public Has Right to Underwater Lands
Any Citizen of State Has Standing
Statutes Codify Public Trust Doctrine
Regulation under Public Trust Not a Taking
Environmental Quality Review
National Environmental Policy Act (NEPA)
Importance and Origins
Act Requires Federal Agencies to Weigh Impacts
Origins of Act in Earlier Court Decisions
Environmental Impact Statement (EIS)
Draft and Final EIS
Environmental Assessment to Decide Need for EIS
Context and Intensity of Impacts Determine Whether EIS Is Necessary
Some Actions Fall Outside NEPA
Programmatic and Site-Specific EISs
EIS Limited to Reasonably Forseeable Impacts
Lead Agency Responsible for EIS
Preparation of EISs
Timing of EISs
Procedures in Preparing EIS
Publication of Notice of Intent
Scoping
Draft EIS; Time Limits; Other Requirements
Record of Decision
Alternatives
Mitigation Measures
Agency Must Discuss, But Need Not Adopt, Mitigation Measures
Criticism of Act's Limitation to Procedural Requirements
Judicial Review
Available Under Administrative Procedure Act; Standing
Standard of Review
Injunctive Relief
State Environmental Quality Review Statutes
Broad Adoption of Statutes Patterned on NEPA
Examples
New York
California
Environmental Audits
Purpose of Audits
Common Law Privileges Inapplicable
State Privilege Statutes and EPA Ruling
Air Quality
The Clean Air Act: Standards
Overview of Act
Reasons for Federal Legislation
Federal and State Tandem Regulation
Federal Criteria and Standards
State Implementation Plans
Requirement to Prepare Plans
Contents of State Plans
Submission of Plans
Time for Attaining Primary Standard
Revisions of State Plans
Stationary Sources
New Source Regulation
New Sources Subject to Stringent Controls
Permit Requirements
Performance Standards
Prevention of Significant Deterioration of Air Quality
Existing Sources and the Bubble Concept
Acid Rain
Origins of Acid Rain
Effects of Acid Rain; Causes
Attempts to Reduce Acid Rain
Hazardous Air Pollutants
Background
Act's Current Approach
Work Practice Standards
Accidental Releases
Mobile Sources
Introduction
Emission Standards for New Vehicles and Engines
Requirements Generally Applicable
Vehicle Categories
Pollutants Regulated
Averaging of Emissions Among a Manufacturer's Vehicle Classes
Time Period Before Revised Standards Apply
Temporary Waiver of Standards
Light-Duty Vehicles
Heavy-Duty Vehicles and Engines
Manufacturers Have a Four Year Lead Time to Comply with New Standards
Ensuring Manufacturers' Compliance
Testing and Certification for New Vehicles and Engines
Testing and Certification for Older Vehicles and Resales
Hearing Requirement for Vehicles or Engines That Fail to Comply
Testing of Emission Control Systems
Recall of Noncomplying Vehicles
Warranties and Certifications by Industry
Manufacturer Is Required to Provide Information
Site Inspections
State Standards
Regulation of Fuel
Regulation of Fuels by EPA
EPA May Prohibit Commerce in Harmful Fuels
Lead
Reformulated Gasoline in Ozone Nonattainment Areas
Carbon Monoxide Nonattainment Areas
New Fuels
Preemption of State Regulation
Urban Buses
Clean Fuel Vehicles
Types of Clean Fuels; Standards
California's Pilot Program
Conversion of Vehicle Fleets
Enforcement
Air Quality and Emission Limitations
Prevention of Significant Deterioration
Mobile Sources
Violations, Generally
Violations for Vehicles Imported and Exported
Exemptions
Injunctive Relief
Civil Penalties
Emergency Powers
Citizen Suits
Introduction
Types of Citizen Suits
Disposition of Penalties
Notice Requirements
Costs and Fees
No Preemption of Other Statutory or Common Law Claims
Water Pollution
Overview of Provisions Regulating Water Pollution
Legislative History of Federal Water Pollution Statutes
Early Federal Attempts to Control Water Pollution
Historical Background
Rivers and Harbors Act
Overview of the Act
Supreme Court Cases Construing the Rivers and Harbors Act: Antecedents to Enactment of Federal Water Pollution Policy
Permitting Scheme
Congressional Preferences for State Regulation of Water Pollution
Water Pollution Control Act
Water Quality Improvement Act of 1965
Early State Attempts to Control Water Pollution---Promulgation of Water Quality Standards for Different Classifications of Water Bodies
Delay in Enacting National Policy Can Have Serious Consequences
Federal Water Pollution Control Act of 1977---Modern Clean Water Act (CWA)
Clean Water Act (CWA)
Scope and Legislative Background of Clean Water Act
Clean Water Act Regulates Discharges of Pollutants into Surface Waters
Legislative Purposes of the Clean Water Act
International Aspirations of the Clean Water Act
The EPA's Authority Under the Clean Water Act
Basic Terms Defined
Terms Triggering Applicability of the CWA
Terms Interlock and Are Interpreted Broadly
Discharge
Pollutant
Point Source
Non-Point Source Pollution/Stormwater Runoff
Navigable Waters of the United States
Permit
Source, Outfall and New Source
Water Quality Standards vs. Effluent Limitations
Water Quality Standards
Effluent Limitations or Technology-Based Standards
National Pollutant Discharge Elimination System (NPDES) Program
NPDES Permits Are Required for Discharges of Pollutants, and Are Subject to Other Environmental Laws
Obtaining Permits for Toxic Wastes
Discharges from Publicly Owned Treatment Works (POTWs)
Direct Discharges
Indirect Discharges
Secondary Treatment
Sludge Is Regulated as an End-Product of POTW Wastewater Treatment
State Certification of Compliance with Water Quality Standards Is Required
Persons and Conduct Covered by NPDES
Permit Application: Contents and Procedures
Filing the Application
Contents of Application
Specific Types of Applications
Concentrated Animal Feeding Operation and Concentrated Aquatic Animal Production Facility
Publicly Owned Treatment Works (POTWs)
NPDES Permits: Terms and Conditions
Overview
Effluent Limitations May Be Set Out in the Permit in Different Ways
Standard of Performance for Dischargers Requires Use of Best Available Demonstrated Control Technology
Other Conditions Apply to Different Classes of Discharges and Categories of Pollutants
Monitoring and Reporting Requirements
Primary Monitoring Responsibilities Are Imposed on Permittee
Public Disclosure Is Required with Limited Protection for Trade Secrets
General Record Keeping Requirements and Reporting Obligations
Additional Reporting Obligations for Publicly Owned Treatment Works (POTWs)
State Pollutant Discharge Elimination System (SPDES) Programs
Overview of State Permitting Programs
State Program Requires EPA Approval: Process and Requirements
SPDES Programs May Be Revised by the State or the EPA
EPA Approval of SPDES Programs May Be Withdrawn
Enforcement
Overview
Enforcement Goals
How Violations Occur
Discharge of Pollutants into a Treatment Works May Place Treatment Works in Violation
Enforcement Authority
State Has Enforcement Authority Under SPDES Program; Otherwise, the EPA Enforces
State Has Limited Time Period to Undertake Enforcement
Systematic Nonenforcement by the State; EPA's Resumption of Enforcement Authority
Enforcement Options
Compliance Order; Notice of Violation
Administrative Enforcement
Public Notice; Public's Opportunity to Comment
Public Hearing; Witnesses May Be Subpoenaed
Penalties
Civil Remedies
Criminal Enforcement
Overview
Criminal Negligence
Knowing Violations
Knowing Endangerment
Citizen Suits
Overview; Purpose Is to Ensure Compliance with the CWA
Enforcement Goals: Violations of Permit, Effluent Limitations, Water Quality Standards, Compliance Orders
Citizen Suits May Address Only Present Violations
Statutory and Common-Law Remedies May Still Be Pursued
The EPA May Be Sued for Its Failure to Enforce CWA
Standing
Target of Suit; Suit Subject to Eleventh Amendment
Bar to Commencement of Suit: 60 Days Notice; Contents of Notice; EPA Diligently Prosecuting Enforcement Action
Intervention
``Substantially'' Prevailing Plaintiff May Recover Attorney and Expert Witness Fees
Penalties Are Paid to U.S. Treasury; Some Courts Allow Earmarking for Environmental Projects
Water Resources
Background
What Are the Sources of Ground Water Contamination?
How Does the Hydrologic Cycle Affect Ground Water Contamination?
Ground Water Contamination Is Regulated by Several Statutes
Safe Drinking Water Act
Background and Jurisdiction
Regulation of Public Water Systems: Water Quality Requirements
Maximum Contaminant Levels
Drinking Water Regulations
Primary Drinking Water Regulations
Secondary Drinking Water Regulations
What Is a Public Water System?
Variances
Exemptions
Regulation of Ground Water Sources of Drinking Water
Restrictive Land Use Regulation
Protection of Sole Source Aquifers
Injection Wells
Wellhead Protection
Underground Storage Tanks
Marine Protection
Generally
Point Source Discharges
Relationship Between Section 403 and Other Provisions of the Clean Water Act
Where NPDES Permits Under Section 403 Operate
Criteria Governing Issuance of Marine Discharge Permits
Congress' Concerns
How the EPA Evaluates the Permit Application
If There Is an Unreasonable Degradation of the Marine Environment, the Permit Will Be Denied
Factors Considered by the EPA in Determining Whether There Is an Unreasonable Degradation
Ocean Dumping
Background
Jurisdiction
Purpose and Prohibitions
What Did Congress Intend the Act to Accomplish?
What is ``Dumping''?
Geographic Jurisdiction
Regulatory and Enforcement Jurisdiction
Scope of Coverage
Materials Subject to Permitting Requirements
Materials for Which No Permit May be Granted
Dumping of Sewage Sludge and Industrial Waste: Forbidden by the Statute
Permitting Criteria
Dumping May Not Unreasonably Degrade Marine Environment or Endanger Human Health
General Criteria
Dump Site Designation in Permit
Issuance of Permit
Public Notice
Permit Conditions
Public Record
Enforcement and Penalties
Generally
Emergency Dumping: No Enforcement Sanctions
Citizen Plaintiffs
Oil Discharge and Liability
Background
Regulation under the Clean Water Act
``Discharges'' Covered by Section 311
Liable Parties Include Owners and Operators of Vessels and Facilities
``Person in Charge'' Must Immediately Notify Coast Guard of Discharge of Oil
Penalties for Discharge or Failure to Comply with Cleanup Order
Boarding Vessels, Entry of Facilities; Inspections
Removal and Mitigation
Third Party Liability; Defenses; Cost Recovery by Innocent Owner or Operator
National Response System Facilitates Prevention and Speedy Cleanups
Oil Pollution Act of 1990
Introduction
Responsible Parties Include Owners and Operators of Vessels, Facilities, and Pipelines
Third Party Liability; Defenses
Indemnification Agreements Are Enforceable, But Are Not a Statutory Defense
Responsible Party Is Liable For Removal Costs and Damages
Recoverable Costs Include Natural Resource Damages; Subsistence Use of Natural Resources
Additional Recoverable Costs: Lost Tax Revenues; Lost Profits; Cost of Public Services
Monetary Limitations on Damages
Oil and Gas Drilling on the Outer Continental Shelf: Outer Continental Shelf Lands Act
Congressional Purpose
Federal vs. State Roles
Lease Program
Development and Production Plans
Citizen Suits
Enforcement
Tanker Design and Operation
The Ports and Waterways Safety Act
Preempts State Laws on Tanker Design
Double Hulls Required by 1990 Amendment
Proof of Compliance and Penalties
State Laws on Deballasting and Tanker Performance
Pilotage
International Agreements
Dredge and Fill Operations
Introduction
``Dredge'' and ``Fill'' Definitions
Dredge and Fill Activities Are Governed by Section 404 of the Clean Water Act
Army Corps of Engineers Is Primary Regulatory and Enforcement Agency
Overlapping Jurisdiction with Rivers and Harbors Act
Overlapping Jurisdiction with EPA
State Jurisdiction vs. Army Corps Jurisdiction
Statutory Criteria Triggering Need for a Permit
Basic Requirements: Discharge into Waters of the United States
``Discharge'' of Dredged or Fill Materials: How Construed
Addition Required
Dredging Itself Not Covered
Incidental Fallback During Dredging
Activities Traditionally Not Treated as Discharges
Landclearing
Draining of Water Bodies or Wetlands
Pilings
Specification of Disposal Sites
General Policies for Evaluating Permit Applications
Public Interest Review
Effect on Wetlands
Effect on Fish and Wildlife
Water Quality
Historic, Cultural, Scenic, and Recreational Values
Effect on Property Interests
Activities in Coastal Zone, Marine Sanctuary
Bases Upon Which Permit Will Be Denied
Generally
Practicable Alternative Has Less Impact
Degradation of Waters of the United States
State Water Quality Standards
Toxic and Pretreatment Effluent Standards
Adverse Effect on Regulated Species or Habitat
Marine Sanctuaries
Discharges of Dredge or Fill Materials Exempted From § 404 Permitting
Generally
Statutory Exempt Activities
Agriculture/Silviculture
``Normal'' Farming, Silvicultural, or Ranching Use
Farming, Silvicultural, or Ranching Use Must Be ``Ongoing''
Ponds or Ditches Relating to Agriculture
Farm, Forest, and Mining Roads
Structures in the Water: Maintenance and Repair
Sedimentation Basins at Construction Sites
When Statutory Exemptions Are Inapplicable
New Use of Water Body
Activity Impairs Flow or Circulation
Certain Government Projects Are Exempted
Nationwide or ``General'' Permits
Solid and Hazardous Wastes
Introduction to Solid and Hazardous Wastes
Background
Definitions
RCRA and CERCLA Complement Each Other
Regulatory Structure of RCRA and CERCLA
Federal Regulation of Solid Waste
Basic Terms
How Solid Is ``Solid'' Waste?
Disposal Activities and Facilities
Wastes Excluded from Federal Regulation of Solid Waste Disposal
Sanitary Landfills
Open Dumping Is Prohibited
Criteria Governing Sanitary Landfills
Sanitary Landfill Defined
Flood Plains
Wildlife Habitat
Water
Surface Water
Groundwater
Wetlands
Agricultural Use of Sewage Sludge
Toxic Substances
Pathogens
Open Burning
General Safety Hazards
Groundwater Monitoring and Corrective Action
Municipal Solid Waste Disposal Facilities
Governing Rules
Facilities Included
What Is ``Municipal'' Solid Waste?
Municipal Solid Waste Management Units: Definition and Requirements
Exclusion of Small Landfills
Municipal Incineration of Solid Waste
Limitations that Apply to a Municipal Landfill's Siting and Location
Wetlands
Flood Plains
Seismic Zones
Airports
Unstable Areas
Design and Operating Requirements
Design Criteria
Operating Restrictions
Recordkeeping
Groundwater Monitoring
Closure and Post-Closure Requirements
Purpose of Requirements
Cover System
Closure Plan and Other Requirements
Post-Closure Care
Financial Assurances
General Requirements
Estimates
Financing Mechanisms
State and Local Control of Solid Waste Disposal
State Plans
Federal Encouragement of State Plans
Minimum Requirements of State Plans
Additional Components of State Plans
Open Dumps
Used Oil
Implementation of State Plans
Restrictions on State and Local Solid Waste Disposal
Commerce Clause Considerations
Flow Control Ordinances: Local Attempts to Control Solid Waste Disposal
Market Participation by the State
Hazardous Waste Management: The Resource Conservation Recovery Act (RCRA)
RCRA Goals
Wastes Subject to RCRA Regulation
Defining Hazardous Wastes
Hazardous Waste Criteria
Materials ``Mixed With'' Hazardous Wastes
Exclusions
Generators
Requirements
Generators that Act as Treatment, Storage, and Disposal Facilities
Small Generators
Transporters
Custody and Tracking of Hazardous Waste Shipments
Spills During Transport
Treatment, Storage, and Disposal (TSD) Facilities
Definitions
``Facility''
``Storage''
``Disposal''
``Treatment''
TSD Permits
TSD Facility Standards
Tracking and Identification
Safety
The ``Land Ban''
Groundwater Protection, Monitoring, and Corrective Action
Groundwater Protection Obligations
Detection Monitoring
Compliance Monitoring
Corrective Action
Financial Assurance
Closure and Post-Closure Requirements
Inspections, Reporting, and Monitoring
Delegation to States
Enforcement
Administrative and Civil Enforcement
Criminal Penalties
Abatement Orders for Imminent Hazards
Citizen Suits
Bases for Suits; Remedies
Notice Requirements
When Suits Are Barred
Fees to Prevailing Party
Hazardous Waste Sites: Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Remediation under CERCLA
Introduction
Facility Defined
Release, Threatened Release, or Disposal; Exclusions
Section 106 Orders
Use of CERCLIS, Preliminary Assessments, the Hazard Ranking System, and the NPL
Remediation: Response Actions, Removal, Monitoring, and Mitigation
Definitions
Remedial Investigation, Feasibility Study, and Record of Decision
What Remediation Entails
EPA vs. Private Party Cleanups
National Contingency Plan Requirements
Recovering Costs of Cleanup
Notice and Record Keeping Requirements
Responsibility for Cleanup
Statutory Categories of Responsible Parties
Generators
Owners and Operators of Disposal Sites
Owners and Operators Subject to Liability
Joint and Several Liability
Owner and Operator Defined
Partnerships and Corporate ``Owners'' and Operators
U.S. Government May Be an Owner or Operator
Liability of State and Local Governments
Liability of Past and Present Owners and Operators
Successor Liability
Secured Creditor Exemption
Fiduciary Exemption
Parties Who Arrange for Disposal
Transporters
Strict, Joint, and Several Liability
Cleanup Costs: Who Pays Whom?
Cost Recovery Actions vs. Contribution Actions
Cost Recovery Actions
Contribution Actions
Defenses
Three Defenses, Generally
Acts of God and War
Act or Omission of Third Party
Innocent Purchaser Defense
Settlement and Protection from Contribution
Insurance
Pollution Exclusion Clauses
``Sudden and Accidental'' Releases
``Absolute'' Pollution Exclusion
State Cleanup Statutes
Effect of Responsible Party's Bankruptcy
Bankruptcy Petition Stays Actions for Money Judgments, But Not Governmental Enforcement Actions
Discharging Environmental Claim in Bankruptcy
The Brownfields Issue: The Amount of Cleanup Required
Of ``Brownfields'' and ``Greenfields''
The Awakening Federal Interest
Proposed Solutions to Brownfields Dilemma
Limitation of Ownership-Derived Liability
Purchaser Liability
Lender Liability
Restrictions on Future Use
Voluntary Cleanups
Financial Incentives
Emergency Planning and Community Right to Know Act
Requirements and Purposes of Act
Emergency Planning
Local Responsibilities for Emergency Planning
Emergency Response Plan
Emergency Notification
Reporting Requirements
Material Safety Data Sheets
Inventory Forms
Toxic Chemical Release Forms
Medical Emergencies
EPA as a Data Clearinghouse
EPA Must Maintain Records on National Movement of Chemicals
EPA Must Maintain List of Toxic Chemicals
Citizens May Petition to Add a Chemical to EPA's List
Enforcement
Compliance Orders and Penalties
Citizen Suits
Grounds for Suit
Notice; Suits for Past Violations
Standing
Costs and Fees; Intervention
Suits by State or Local Authorities
Toxic Substances
Pesticides
Regulation of Pesticides
Registration
Registration Requirements, Generally
Information Required to Achieve Registration
Registration Is for General or Restricted Use
Original Registration Is for Exclusive Use
State Registration
Suspension and Cancellation
Experimental Use Permits and Variances
Public Access to Information
Labeling
General Labeling Requirements
Preemption
Pesticide Residues in Foods
Enforcement
Regulating Toxic Substances: The Toxic Substances Control Act (TSCA)
Purposes of Act
Chemicals Included in and Excluded from TSCA
Testing Requirements
When Testing Is Required
Standards Used for Testing
Actions to Prevent or Reduce Risk
Manufacturing and Processing Notices for New Chemicals or New Uses
Ninety Day Notice Requirement; Exemptions
Required Contents of Notice
Issuance of Interim Order; Injunctive Relief
Regulation of Hazardous Chemicals
EPA's Promulgation of Rules
Balancing of Risks
Emergency Rule-Making Power
Regulation of Polychlorinated Biphenyls (PCBs)
Imminent Hazards
Compilation of Information
Reporting and Record Keeping by Regulated Parties
EPA's Inventory of Toxic Chemicals
Inspections
Confidential Data
Exports and Imports
Enforcement
Criminal and Civil Penalties
Other Civil Remedies
Citizen Suits
Toxic Tort Litigation
Liability
Background
Standards of Liability
Strict Liability
Negligence; Interference with Commercial Expectations; Emotional Distress
Product Liability and Failure to Warn
Causation
Duty of Care
Burden of Proof
Multiple Defendants
Suits Against Government Bodies
Damages
Defenses
Statute of Limitations
Government Contractor Defense
Workplace Toxic Torts
Bankruptcy
Procedure and Evidence
Class Actions
Jurisdiction
Discovery
Expert Testimony
Liability Insurance
``Sudden and Accidental'' Limitation
Duty to Defend
Liability of Insurer at Time of Exposure
Radon
Health Risks
Regulation of Radon as a Toxic Substance
EPA's Responsibility to Provide Information
Construction Standards
Asbestos
Background of Problem; Regulation Under State and Federal Law
Regulation Under Toxic Substances Control Act
Asbestos in Schools
Asbestos Abatement
Occupational Safety and Health Act Regulation
Clean Air Act
Chlorofluorocarbons (CFCs) and Other Ozone Depleting Chemicals
Background of Problem
Regulation Under Clean Air Act
CFC Listing
Labeling
CFC Ban
Environmental Tax on CFCs
Lead
Background of Problem; Regulations
Lead Exposure Reduction Under Toxic Substances Control Act
Residential Lead-Based Paint Hazard Reduction Act
Purposes of Act
Disclosure of Lead Hazards Prior to Conveyance of Residential Target Housing
Accreditation
Occupational Exposure to Lead Hazards
Regulation of Lead Emissions Under Clean Air Act
Noise
Noise Control Act
Background of Act
Congressional Finding; General Requirements of Act
Maximum Ambient Standards for Noise
Warranty Requirement and State Regulation of Noise
Labeling Requirements
Remedies
State and Local Laws
Aircraft Noise
Inverse Condemnation Suits
Nuisance Actions
Aircraft Noise: FAA Regulations
Aircraft Noise: State and Local Airport Controls
Occupational Noise
Fish and Wildlife
Hunting and Fishing Laws
Deep Sea Fishing
Background
License Requirements
International Treaties
Drift Nets
Endangered Species Act and Related Statutes
Background of Endangered Species Act
Tennessee Valley Authority v. Hill and the Creation of Endangered Species Committee
``Taking'' of Endangered Species Is Prohibited
Lesser Protection Exists for Threatened Species
Preemption Issues
Enforcement, Standing, and ESA's Citizen Suit Provision
Other Wildlife Protection Statutes
State Statutes
International Controls
Voluntary Creation of Wildlife Habitat
Land Use
Overview
Critical Areas: Wetlands, Coastal Zones, Shorelands, and Submerged Lands and Floodplains
Wetlands
Coastal Zones, Shorelands, and Submerged Lands
State and Local Statutes
Coastal Zone Management Act
Underwater Lands
Floodplains
State and Regional Planning
Local Zoning and Its Environmental Implications
Need to Protect Environmentally Critical Areas
State Planning and Land Use Statutes
Historic Preservation
Municipal Controls Protecting Landmarks
Landmarks and De Facto Taking Claims
Religious Buildings and Free Exercise Claims
Maintenance and Rehabilitation
National Register of Historic Places
Wilderness Areas and Public Lands
National Forests
Bureau of Land Management Property
National Parks and Wildlife Refuges
Wilderness Protection
Power Plant Siting
In General
Hydroelectric Power Plants
Nuclear Power Plants
State Power Plant Siting Statutes
Esthetic Controls
Agricultural Lands
Conservation Easements and Land Trusts
Energy Production and Mineral Extraction
Solar Energy and Wind Power
Background
Solar Energy
Wind Power
Nuclear Energy
Atomic Energy Act
Licensing Power Plants
Evacuation Plans
Radioactive Waste Disposal
Nuclear Waste Policy Act
Low Level Radioactive Waste Policy Act
Transporting Radioactive Waste
State Controls and Preemption Issues
Liability Issues
Geothermal Energy
Coal and Mineral Surface Mining
Surface Mining Control and Reclamation Act
Act Needed to Supplement State Controls
Act Works in Tandem with State Regulation
Act Requires Reclamation and Restoring of Land
Act Upheld as Valid Exercise of Congressional Power
Laws to Prevent Subsidence of Surface Lands
Synthetic Fuels
Government Sponsorship of Synthetic Fuel Research
Federal Subsidies for Biomass Energy and Gasohol
Compressed Natural Gas, Electric, and Hydrogen Powered Vehicles
Energy Conservation
Automotive Fuel Efficiency
Appliance Efficiency
Electricity Conservation
Public Utility Regulatory Policies Act
Fostering Small Power Producers
International Aspects of Environmental Protection
Basic Principles
Treaties Governing Environmental Issues
Applicable Principles of International Law
Sustainable Development and Population Increase
Conflicting Interests of Developed and Developing Countries
War and the Environment
Global Climate Change
Causes and Effects of Global Warming
The Climate Change Convention
Ozone Layer Protection
Basel Convention on Hazardous Waste Shipment
The Environment and Free Trade
Biodiversity
Importance of Maintaining Biodiversity
Convention on Biological Diversity
Use of Genetic Resources: Who Profits?
Debt-for-Nature Swaps
Innovations and Trends
Introduction
The ``XL'' Program
Background and Description of Program
The ``Reinventing Government'' Initiative
Pilot Projects
Role of Local Agencies
Review Groups and the Final Project Agreement
Goals
Types of XL Projects
Facility-based
Industry-wide
Government Agencies
Community-based
Other Community-Based Programs
Code of Environmental Management Principles for Federal Agencies
Purpose of the Code
Code Principles
Incentives for Self-Policing
Public Performance-Based Permitting
ISO 14000 and Environmental Management
International Organization for Standardization (``ISO'')
Background and Environmental Goals
Standards Are Voluntary
International Trade Aspects of ISO 14000
Industry Response to ISO Standards
Environmental Management Systems
Goal of System
No Performance Standards for ISO 14000
Features of ISO 14000
Certification of Compliance with ISO Standards
Glossary
Table of Cases
Table of Statutes
Index

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