1. Environmental Law

Environmental Law

Playlist: 23 Videos: 62 Minutes



Topics: Learning Material

Environmental Law Introduction
Environmental laws include federal and state statutes and regulations that govern the conduct of individuals and businesses that have an impact on the natural habitat or resources. This chapter introduces the concept and purpose of environmental law. It introduces the major federal environmental laws and the agencies primarily charged with enforcing these laws. It then explains the available enforcement mechanisms. For each of these laws, it explains the primary government obligations in enforcing the law and the obligations of individuals in complying. For further written and video explanation, discussion and practice questions, see Environmental Law (Intro)

What are “Environmental Laws”?
  • Combination of state and federal laws
  • Protect from negative consequences of environmental degradation.

For further written and video explanation, discussion and practice questions, see What are "environmental laws"?

Structure of Environmental Protection Laws
  • Federal laws provide a national framework
  • States implement federal law and/or pass additional state laws.
  • Federal and state administrative agencies
  • Civil and criminal actions.

For further written and video explanation, discussion and practice questions, see What is the structure of environmental protection law?

Environmental Protection Agency (EPA)
  • Federal agency
  • Enforce the various federal environmental statutes.
  • Writes regulations, conducts environmental assessments, research, educates the public on standards.
  • Administrative authority to levy fines, sanctions, and other punitive measures

For further written and video explanation, discussion and practice questions, see What is the "Environmental Protection Agency"?

Enforcing Environmental Laws
  • Administrative Actions
  • Government Civil and Criminal Actions
  • Private Actions

Public Nuisance

Private Nuisance

Other Tort Doctrines

Trespass

Negligence

Strict Liability

For further written and video explanation, discussion and practice questions, see How are the environmental laws enforced?

National Environmental Policy Act of 1970 (NEPA)
  • NEPA - First major federal environmental statute.
  • Applies to all federal agencies

⁃ And parties with “federal nexus”

  • Incorporate environmental considerations into decision-making.
  • Not be substantive act
  • Federal agencies to consider environmental impact of proposals before acting.
  • Undertake an “environmental assessment”
  • Prepare an “environmental impact statement”

⁃ environmental impact (direct and indirect; beneficial and detrimental),

⁃ any adverse environmental effects unavoidable if implemented,

⁃ alternatives to proposed action,

⁃ short- vs long-term use or productivity, and

⁃ any irreversible/irretrievable commitments of resources involved in implementation.

For further written and video explanation, discussion and practice questions, see What is the "National Environmental Policy Act of 1970"?

Environmental Impact Statement
  • Impact statement process:

⁃ Identify Issues

⁃ Public Comment on Draft of Statement

⁃ Final Draft

For further written and video explanation, discussion and practice questions, see Environmental Impact Statement?

Clean Air Act
  • Purpose of developing and achieving air quality standards throughout the US.
  • National Ambient Air Quality Standards (NAAQS),
  • EPS issues primary and secondary quality standards.

For further written and video explanation, discussion and practice questions, see What is the "Clean Air Act"?

State Implementation Plan
  • State Implementation Plans (SIPs) to comply with national air quality standards (NAAQS).
  • state must submit a SIP to the EPA that provides for implementation, maintenance, and enforcement in each air-quality control region.
  • if it disapproves a SIP in whole or part, it will promulgate a federal implementation plan (FIP).

For further written and video explanation, discussion and practice questions, see State Implementation Plan?

”New Source Performance Standards” and “New Source Review”
  • New Source Performance Standards (NSPS) and New Source Review (NSR)
  • envision a best available technology (BAT) for categories of stationary air pollution sources.
  • NSR is designed to achieve compliance with the NAAQS through a pre-construction review process for new and modified stationary sources.

For further written and video explanation, discussion and practice questions, see New Source Performance Standards and New Source Review?

Prevention of Significant Deterioration
  • Prevention of Significant Deterioration (PSD) requires permits for “attainment areas”.
  • System includes ambient (increment & NAAQS compliance) and Best Available Control Technology (BACT) components.

For further written and video explanation, discussion and practice questions, see Prevention of Significant Deterioration?

Non-Attainment Areas

States unable to achieve NAAQS must comply with Part D.

Part D imposes construction and operating permit requirements on new and modified sources of pollution in these areas.

  • Comply with Lowest Achievable Emission Rate (LAER)
  • Reasonable Further Progress (RFP)
  • Compliance Schedule

For further written and video explanation, discussion and practice questions, see Non-attainment Areas?

Interstate Pollution
  • no programs require consideration of the effects in other states of the placement or number of new pollution sources.
  • EPA conditions SIP approval on a states’ plan not contributing significantly to non-attainment in, or interfere with maintenance by, any other state of a primary or secondary NAAQS.

For further written and video explanation, discussion and practice questions, see Interstate Pollution?

Enforcement of Clean Air Act
  • Enforcement - The EPA can initiate or take part in enforcement actions for violations of the CAA.
  • authorizes fines of up to $25,000 per day for emissions violations.
  • Criminal sanctions include fines of individuals up to $250,000 and up to 15 years in prison.
  • Corporations can be fined up to $1 million per incident for knowingly endangering people with emissions and up to $500,000 per incident for negligent emissions.

For further written and video explanation, discussion and practice questions, see Enforcement?

Clean Water Act
  • Several water pollution control acts
  • Harmful effects of discharge of pollutants into navigable waterways by municipal and industrial dischargers.
  • Point sources and non-point sources.
  • Best practicable technology (BPT) and best available technology (BAT).
  • Area-wide Waste Management Plans
  • State Management Plans
  • Permit Program - A state can use marketable permit scheme approach to regulate non-point discharge of pollutants.

For further written and video explanation, discussion and practice questions, see What is the "Clean Water Act"?

Exceptions and Variances – Clean Water Act
  • Economic Justification
  • Process Justification

For further written and video explanation, discussion and practice questions, see Exceptions or Variances?

Endangered Species Act of 1973
  • Protects animals and plants listed as “threatened” or “endangered”.
  • Fish and Wildlife Services (FWS) and National Marine Fisheries Services administer (NMFSA) administer
  • “solely on basis of best scientific and commercial data available”
  • Endangered - “in danger of extinction throughout all or a significant portion of its range”.
  • Threatened - “foreseeable future”. S
  • “critical habitat”
  • Protections

Federal Actions

Private Takings

Penalties

For further written and video explanation, discussion and practice questions, see What is the "Endangered Species Act of 1973"?

Federal Laws on Pesticides
  • Federal Insecticide, Fungicide, and Rodenticide Act of 1947,
  • Federal Environmental Pesticide Control Act of 1972

For further written and video explanation, discussion and practice questions, see What federal laws control pesticides?

Solid Waste Disposal Laws
  • First major federal law directed at waste disposal.
  • Waste management standards for municipal and industrial waste,
  • Promotes waste management technology,
  • Charges municipalities with responsibility for disposal of solid waste
  • Waste reduction provisions (such as recycling)
  • Disposal of hazardous waste.
  • EPA administers
  • Civil and criminal actions

For further written and video explanation, discussion and practice questions, see What laws govern solid waste disposal?

Toxic Substance Control Act of 1976
  • New and existing chemicals before and after introduction into the market.
  • "any organic or inorganic substance of a particular molecular identity, including any combination of these substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any element or uncombined radical".

For further written and video explanation, discussion and practice questions, see What is the "Toxic Substance Control Act of 1976"?

CERCLA
  • Address cleanup cost of unsafe hazardous waste dumps or spills.
  • “superfund”.
  • Pays for cleanups where private parties are insolvent or the responsible party is unknown.
  • Liability

Owner Operators

Arranger Liability

Transporters

  • Defenses to Liability

Good Faith

Force Majeure

Third Party Liable

For further written and video explanation, discussion and practice questions, see What is the "Comprehensive Environmental Response, Compensation, and Liability Act?"


Flashcards - Study Practice

Q1
__________ is a combination of state and federal laws aimed at protecting individuals from the negative consequences of environmental degradation.

Q2
Environmental Law is entirely federal in nature. True or False.

A2
False. The Federal Government has promulgated numerous laws that provide a national framework for environmental protection and management. Under these frameworks, states have the ability (and sometimes requirement) to pass state standards for environmental protection.

Resource Video: https://thebusinessprofessor.com/what-is-the-structure-of-environmental-protection-laws/

Q3
______________ are charged with implementing and enforcing the various environmental laws through administrative, civil, and criminal actions.

A3
Federal and state administrative agencies. Further, individuals can bring private civil causes of action against violators of environmental laws (including actions against the federal or state government for failing to adequately enforce the environmental laws).

Resource Video: https://thebusinessprofessor.com/what-is-the-structure-of-environmental-protection-laws/

Q4
The __________ is a federal agency created to protect the environment by policing activities that have a negative impact upon the environment.

A4
Environmental Protection Agency (EPA)

Resource Video: https://thebusinessprofessor.com/environmental-protection-agency/

Q5
The EPAs primary responsibilities include:

A5
enforcement of the various federal environmental statutes, writing regulations, conducting environmental assessments, conducting environmental research, and educating the public on environmental standards.

Resource Video: https://thebusinessprofessor.com/environmental-protection-agency/

Q6
The EPA may pursue administrative remedies against violators of environmental law. The remedies available to the administrative court include:

A6
Penalties (monetary fines, orders to clean up contamination), negotiated settlements, and supplemental environmental projects (such as public works projects).

Resource Video: https://thebusinessprofessor.com/enforcement-of-environmental-protection-law/

Q7
The EPA or state environmental agencies may also initiate criminal actions against violators of environmental law. True or False

A7
True. The EPA or state environmental agencies, in conjunction with the US Department of Justice or a state attorney general’s office, may also initiate criminal actions against violators of environmental law.

Resource Video: https://thebusinessprofessor.com/enforcement-of-environmental-protection-law/

Q8
Individuals may bring private civil actions in state or federal court against violators of environmental law. True or False.

Q9
The most common types of private civil action for violations of environmental law include:

A9
Public Nuisance, Private Nuisance, or Individual Torts (Trespass, Negligence, or Strict Liability).

Resource Video: https://thebusinessprofessor.com/enforcement-of-environmental-protection-law/

Q10
A __________ is any activity that causes damage or harm to the general public or environment rather than to a specific individual’s person or property.

Q11
__________ is an action be an individual or group of individuals against a defendant or group of defendants for “unreasonable” use of one’s property.

Q12
_____________ was first major federal environmental statute. It lays out broad goals and steps for federal agencies to incorporate environmental considerations into decision-making.

A12
The National Environmental Policy Act of 1970 (NEPA)

Resource Video: https://thebusinessprofessor.com/national-environmental-protection-act/

Q13
NEPA is made up of procedural statutes requiring federal agencies to consider the environmental impact of proposed projects before taking action. NEPA applies to all _____________.

A13
federal agencies. It does not apply to states or private parties, unless there is sufficient federal involvement to bring the actions within the “federal nexus” (i.e. federal financing or federal permitting).

Resource Video: https://thebusinessprofessor.com/national-environmental-protection-act/

Q14
NEPA requires that the federal government undertake an _____________ and prepare an ____________ before undertaking certain projects.

A14
“environmental assessment”; “environmental impact statement”

Resource Video: https://thebusinessprofessor.com/national-environmental-protection-act/

Q15
The agency is not required to prepare an impact statement if __________________.

A15
the initial assessment deems that the project will have no significant adverse impact on the environment.

Resource Video: https://thebusinessprofessor.com/national-environmental-protection-act/

Q16
An ____________ is a detailed document that estimates the environmental impact of the proposed action.

A16
environmental impact statement

Resource Video: https://thebusinessprofessor.com/environmental-impact-statement-nepa/

Q17
NEPA requires that an impact statement include the following:

A17
environmental impact (direct and indirect; beneficial and detrimental); any adverse environmental effects unavoidable if implemented,’ alternatives to the proposed action; short versus long-term use or productivity of the proposed project, and any irreversible or irretrievable commitment of resources involved in implementation.

Resource Video: https://thebusinessprofessor.com/environmental-impact-statement-nepa/

Q18
Federal agencies are not mandated to comply with any findings or recommendations in the statement. True of False.

Q19
The process for developing an impact statement is as follows:

A19
Identify Issues - The agency should follow public process to determine the scope or key issues to be included; Public Comment on Draft of Statement - The agency should develop a draft impact statement, file it with the EPA, and allow time for public comments; Final Draft - The final impact statement is filed with the EPA, and a supplemental statement is prepared as required.

Resource Video: https://thebusinessprofessor.com/environmental-impact-statement-nepa/

Q20
There is no private right of action under NEPA for violations of provisions. Instead, plaintiffs must sue under the ___________.

A20
Administrative Procedures Act

Resource Video: https://thebusinessprofessor.com/environmental-impact-statement-nepa/

Q21
_______________, along with numerous amendments, was passed with the purpose of developing and achieving air quality standards throughout the US.

Q22
______________ limit the amount of certain air pollutants discharged into the air based upon air quality standards averaged over specific intervals of time.

A22
National Ambient Air Quality Standards (NAAQS)

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-air-act/

Q23
______________ relate to levels of air particulates that pose a risk to public health.

A23
Primary Air Quality Standards

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-air-act/

Q24
relate to the negative consequences of the pollution on the environment or property (but generally outside of the threat to human health).

A24
Secondary Air Quality Standards

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-air-act/

Q25
States bear the burden of implementing _____________ to comply with national air quality standards (NAAQS).

A25
State Implementation Plans (SIPs)

Resource Video: https://thebusinessprofessor.com/state-implementation-plan-clean-air-act/

Q26
Each state must submit a SIP to the EPA that provides for _____________ in each air-quality control region.

A26
implementation, maintenance, and enforcement

Resource Video: https://thebusinessprofessor.com/state-implementation-plan-clean-air-act/

Q27
If the EPA administrator finds a SIP inadequate to attain or maintain NAAQS, it will promulgate a _____________ within 2 years of disapproval of the SIP.

A27
federal implementation plan (FIP)

Resource Video: https://thebusinessprofessor.com/state-implementation-plan-clean-air-act/

Q28
____________ is a federal set of uniform technology-based standards for new and modified sources of air pollution.

Q29
The NSPS establishes emission limitations achievable through application of ________________, taking into account cost, non-air quality health or environmental impacts, and energy requirements.

Q30
_____________ is one of the key programs designed to achieve compliance with the NAAQS through a pre-construction review process for new and modified stationary sources.

Q31
Amendments to the CAA in 1997 established a __________ structure which requires permits for areas that have achieved better air quality standards than required under NAAQS, known as ________________.

A31
Prevention of Significant Deterioration (PSD); “attainment areas”

Resource Video: https://thebusinessprofessor.com/clean-air-act-prevention-of-significant-deterioration/

Q32
The state administers a permitting process with EPA approval, which includes ______________.

A32
ambient (increment & NAAQS compliance) and Best Available Control Technology (BACT) components.

Resource Video: https://thebusinessprofessor.com/clean-air-act-prevention-of-significant-deterioration/

Q33
Under Part D of the Clean Air Act, states unable to achieve NAAQS are subject to _________________.

A33
construction and operating permit requirements on new and modified sources of pollution in these areas.

Resource Video: https://thebusinessprofessor.com/clean-air-act-non-attainment-areas/

Q34
Before issuing permits to create new or modified sources, the EPA must find:

A34
Comply with Lowest Achievable Emission Rate (LAER) - This is a category-wide determination of whether the new or modified source would meet the most stringent emission limitations contained in a SIP or achieved in general practice (whichever is more stringent). Reasonable Further Progress (RFP) - The source must demonstrate a decrease in total allowable emissions in the region or annual incremental reductions in emissions of applicable air pollutants sufficient to provide for attainment of NAAQS by the specified deadline. Compliance Schedule - The new or modified source must provide a schedule for compliance of all sources owned by this source’s owner. Administrator must not have found a SIP was inadequately implemented by the state, and An alternative analysis must demonstrate that the benefits of the proposed new source outweigh the environmental costs.

Resource Video: https://thebusinessprofessor.com/clean-air-act-non-attainment-areas/

Q35
The EPA addresses this concern by conditioning SIP approval on a states’ plan not contributing significantly to non-attainment in, or interfere with maintenance by, __________________.

A35
any other state of a primary or secondary NAAQS. Also, the SIP cannot interfere with measures required in another state’s SIP.

Resource Video: https://thebusinessprofessor.com/clean-air-act-interstate-pollution/

Q36
The EPA can initiate or take part in enforcement actions for violations of the CAA in the following manners:

A36
seeking administrative orders, civil sanctions, or participating in criminal actions through the Justice Department.

Resource Video: https://thebusinessprofessor.com/clean-air-act-enforcement-provisions/

Q37
The CAA authorizes fines of up to _________ for emissions violations. Criminal sanctions include fines of individuals up to ____________ . Corporations can be fined up to ___________ for knowingly endangering people with emissions and up to ____________ for negligent emissions.

A37
$25,000 per day; $250,000 and up to 15 years in prison; $1 million per incident; $500,000 per incident

Resource Video: https://thebusinessprofessor.com/clean-air-act-enforcement-provisions/

Q38
_____________ is made up of several water pollution control acts including, the Federal Water Pollution Control Act, the Clean Water Act, and the Water Quality Act. It protects society from the harmful effects of discharge of pollutants into navigable waterways by municipal and industrial dischargers.

A38
The Clean Water Act (CWA)

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q39
Under the CWA, __________ are direct discharges from an immediate point, such as a pipe or drainage culvert.

Q40
The CWA requires point source polluters to install or implement ___________________.

A40
Best practicable technology (BPT) and best available technology (BAT) based upon new or existing points sources.

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q41
The CWA prohibits discharges from a point source without a permit, which requires that the discharge meet _____________.

A41
defined effluent limitations.

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q42
____________ include indirect discharge such drainage and run-off from spraying.

Q43
The EPA is authorized under the CWA to require polluters to adopt limitations necessary to meet state water-quality (WQ) standards. The CWA requires that a state implement any of the following plans to regulate non-point discharges:

A43
Area-wide Waste Management Plans - This may include broad-scale waste treatment plans for areas with substantial water quality problems. State Management Plans - A management plan must include best management practices for non-point sources such as agricultural operations. Permit Program - A state can use a marketable permit scheme approach to regulate non-point discharge of pollutants.

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q44
The EPA requires that states designate uses of intrastate waters with the goal of fishable or swimmable quality and set standards for the total _____________ of pollutants in a body of water.

A44
“maximum daily load”

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q45
States must meet ____________ limiting any degradation from prior water quality.

A45
the non-degradation policy

Resource Video: https://thebusinessprofessor.com/what-is-the-clean-water-act/

Q46
The CWA allows for variances from its requirements when circumstances justify exemption. There are two main exemptions available to existing sources:

A46
Economic Justification - If a party cannot afford the BAT requirements, it must show that the technology employed to prevent discharge of pollution is all that the company can afford and that it will be effective in reducing pollution to within allowable levels. Process Justification - A Fundamentally Different Factor (FDF) variance allows certain exemptions from the BPT permitting requirements.

Resource Video: https://thebusinessprofessor.com/clean-water-act-exceptions-or-variances/

Q47
The ____________ requires a polluter to receive a permit system before discharging potential pollutants into the ocean.

A47
the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA)

Q48
The ______________ requires the EPA to set maximum acceptable levels for certain contaminants in drinking water.

A48
Safe Drinking Water Act of 1974 (SDWA)

Q49
____________ protects animals and plants that the Secretary of Interior or marine species that the Secretary of Commerce lists as “threatened” or “endangered”.

A49

Q50
The ______________________ administer the Endangered Species Act.

A50
Fish and Wildlife Services (FWS) and National Marine Fisheries Services administer (NMFSA)

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q51
The determination of whether a species is endangered or threatened is made _______________ without consideration of cost of protection.

A51
“solely on basis of best scientific and commercial data available”

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q52
A species is “endangered” if __________________. A species is “threatened” if ___________.

A52
“in danger of extinction throughout all or a significant portion of its range”; likely to become endangered in the “foreseeable future”.

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q53
The ESA prohibits any federal action that _________________.

A53
jeopardizes endangered or threatened species or results in destruction or adverse modification of their critical habitat. A federal agency can only take actions that are “not likely to jeopardize a protected species”.

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q54
The Endangered Species Committee is authorized to exempt certain agency actions from the “no jeopardy” requirements. Exemption requires:

A54
a supermajority vote, finding that there are “no reasonable and prudent alternatives to the agency action”, and that benefits of the action “clearly outweigh” benefits of non-jeopardizing alternative courses of action.

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q55
The ESA makes it unlawful for any person to “take” any endangered species. “Taking” means to ______________.

A55
“harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.”

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q56
The Secretary may issue permits for otherwise proscribed takings that are _____________.

A56
“incidental to the carrying out of otherwise lawful activity or exemptions for scientific purposes”.

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q57
As a condition of the incidental taking permit, the holder must submit a conservation plan to ______________ the impact of the taking.

A57
“minimize and mitigate”

Resource Video: https://thebusinessprofessor.com/endangered-species-act/

Q58
A review board can grant exemptions to the ESA for certain important federal projects, but not for private activities. True of False.

Q59
There are two primary federal pesticide acts:

A59
the Federal Insecticide, Fungicide, and Rodenticide Act of 1947, and the Federal Environmental Pesticide Control Act of 1972.

Resource Video: https://thebusinessprofessor.com/primary-federal-laws-governing-pesticides/

Q60
The EPA is directed to register those pesticides and certify that they are:

A60
properly labeled, that they meet the claims made as to their effectiveness, and that they will not have unreasonable adverse effects on the environment. Further, manufacturers must label them as “general” or “restricted use” and place training requirements on applicators.

Resource Video: https://thebusinessprofessor.com/primary-federal-laws-governing-pesticides/

Q61
___________________ was the first major federal law directed at waste disposal. It recognizes the potentially negative health and environmental consequences associated with certain waste disposal practices.

A61
The Solid Waste Disposal Act (SWDA)

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q62
The SWDA provides ________________.

A62
waste management standards for municipal and industrial waste, promotes waste management technology, and charges municipalities with responsibility for disposal of solid waste.

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q63
________________ added to the SWDA by introducing waste reduction provisions (such as recycling) and laid out criteria for disposal of hazardous waste.

A63
The Resource Recover Act of 1970 (RRA)

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q64
_____________________ added again to the SDWA by expanding its coverage and focus to include the development of new waste disposal technology and banned the use of open-land dumping and placed additional liabilities on creators of waste (even after entry into a waste disposal system). It made creators of hazardous waste ultimately responsible for waste generated at any point in its existence. This is known as “cradle-to-grave” responsibility.

A64
The Resource Conservation and Recovery Act of 1976 (RCRA)

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q65
These amendments to the SDWA were passed in 1984 to place more stringent requirements on the management and disposal of hazardous waste and established underground waste storage standards.

A65
The Hazardous and Solid Waste Amendments

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q66
_______________ amended the SDWA yet again to make federal facilities accountable and subject to the provisions of the SWDA.

A66
The Federal Facilities Compliance Act of 1992

Resource Video: https://thebusinessprofessor.com/solid-waste-disposal-act/

Q67
__________________ regulates the introduction of new and existing chemical substances into the market.

A67
The Toxic Substance Control Act (TSCA)

Resource Video: https://thebusinessprofessor.com/toxic-substance-control-act-of-1976/

Q68
The TSCA defines a chemical substance as ___________________.

A68
"any organic or inorganic substance of a particular molecular identity, including any combination of these substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any element or uncombined radical".

Resource Video: https://thebusinessprofessor.com/toxic-substance-control-act-of-1976/

Q69
The TSCA specifically prohibits ____________________.

A69
the manufacture or importation of chemicals not previously registered with the TSA without notifying the EPA beforehand. Following notification, the EPA reviews the chemical to determine if it poses an unreasonable risk to human health or the environment.

Resource Video: https://thebusinessprofessor.com/toxic-substance-control-act-of-1976/

Q70
__________________ addresses cleanup cost of unsafe hazardous waste dumps or spills. It allocates billions of dollars under a congressional authorization for environmental cleanup of dangerous hazardous wastes. This is known as the “Superfund”.

A70
the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Resource Video: https://thebusinessprofessor.com/comprehensive-environmental-response-compensation-and-liability-act-cercla/

Q71
The superfund pays for cleanups where __________________.

A71
private parties are insolvent or the responsible party is unknown.

Resource Video: https://thebusinessprofessor.com/comprehensive-environmental-response-compensation-and-liability-act-cercla/

Q72
CERCLA imposes strict liability on those responsible for unauthorized discharges of hazardous waste. Federal and state agencies charged with managing natural resources may sue a responsible party ___________________.

A72
to force clean up of hazardous substances and to recover any damages to the natural resources.

Resource Video: https://thebusinessprofessor.com/comprehensive-environmental-response-compensation-and-liability-act-cercla/

Q73
Under CERCLA, responsible parties include:

A73
Owner Operators - Those who currently (or previously) operate or own waste disposal sites during the time that the pollution occurred. Arranger Liability - Those who arrange for disposal of wastes may be responsible parties. Transporters - Transporters of hazardous wastes are only liable if they actively and substantially participate in the decision-making process that ultimately identifies a facility for disposal.

Resource Video: https://thebusinessprofessor.com/comprehensive-environmental-response-compensation-and-liability-act-cercla/

Q74
The purchaser of contaminated property may escape liability through a number of defenses, as follows:

A74
Good Faith - The owner had no knowledge of the waste at the time of purchase and used due diligence in checking the land for toxic hazards. Force Majeure - The pollution was caused by an act of God (natural occurrence) or was caused during war. Third Party Liable - The pollution was the result of an act or omission of an identifiable third party.

Resource Video: https://thebusinessprofessor.com/comprehensive-environmental-response-compensation-and-liability-act-cercla/


Download Content

⇐ Back to Business Law