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MGMT 211 Swim > Chapter 14 > Flashcards

Chapter 14 Flashcards

1
Q

How do the Courts, Government, and Congress enforce pollution?

A

Court
-tort law

Government
-uses influence to get voluntary compliance

Congress
-pass new legislation

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2
Q

What are the 2 ways property owners enforce pollution control with Tort Law

A 
Trespass to Property
 -boot 
 -dust
 -don't have to prove INJURY to land (just interferrence)
 DAMAGES
  -cost of removal
  -ONLY recover for losses already done
  -injunction

Nuisance
-noise, sight, height, vibrations, sound, etc.
-more common than “Trespass to Property”
DAMAGES
-permanent injunctions (hard to get, common in public relations)
-permanent damages (one time fee)

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3
Q

Explain the purpose of the NRDC

A

National Resources Defense Council

  • EPA cannot keep up with demand for pollution control
  • citizen’s groups like NRDC help with it
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4
Q

Explain PROs and CONs of the Command-and-Control Regulations

A

are the pollution limits/standards set by Congress

PROs

  • treats all polluters the same
  • amount of pollution emission can be limited directly

CONs

  • hard to enforce standards
  • polluters usually take risk and pay fine if caught
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5
Q

Explain the Tradeable permits Sytem

A

Government sets pollution standards as a whole for particular emmission

  • polluters are given permits to pollute certain amount
  • permits can be traded/auctioned

If you pollute above permitted level
-have to have technology that eliminated excess emission

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6
Q

ADVANTAGES and DISADVANTAGES to Tradeable Permit System

A

Advantages

  • companies who can reduce pollution effectively have incentive to do so to save money (sell permits)
  • polluters who can’t reduce pollution effectively pollute more with bought permits but levels out pollution overall

Disadvantages

  • permit license to pollute
  • have to monitor pollution of companies to ensure compliance with laws
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7
Q

Antiquities Act

A

Declares historical objects to be national monuments

  • landmarks
  • objects
  • structures
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8
Q

2 early literally works that brought attention to pollution early on?

A

Henry David Thoreau - Walden, of Life in the Woods

John Muir - The Mountains of California

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9
Q

First national park?

A

Yellowstone National Park

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10
Q

Two reasons for Pollution?

A

Competition
-drives businesses to cut corners

Political Reasons
-politicians only care about their own district

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11
Q

Who created the Tennessee Valley Authority? What did it do?

A
  • FDR (new deal)

- controls flooding of the Tennessee river

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12
Q

Who created the EPA? How is an administrator appointed?

A
  • Nixon creates by Executive Order

- administrator appointed by President, confirmed by Senate

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13
Q

Just before the creation of the EPA, what was created and by who? What did it do?

A

NEPA created by Congreess

  • National Environmental Policy Act
  • required federal agencies to submit Environmental Impact Statements
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14
Q

Explain the normal enforcement process the EPA carries out

A
  • someone complains, EPA investigates
  • hearing before ALJ (administrative law judge)
  • can appeal to Adminstrator of EPA
  • after that, can appeal to Federal Court
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15
Q

Can the EPA put criminal sanctions on a polluter?

A
  • have to send case to Department of Justice (DOJ)

- DOJ can then carry out crimminal sanctions

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16
Q

The Texas Equivalent of the EPA is called the ____

A

Texas Commission on Environmental Quality (TCEQ)

17
Q

NAAQS

A

National Ambient Air Quality Standards

  • primary level to protect humans
  • secondary level to protect climate, vegitation, visibility, property,etc.
18
Q

Who enforces the pollution standards set forth by the EPA?

A
  • states enforce

- if not, then federal government

19
Q

Mobile Sources of air pollution

A
  • main one is automobiles

- some cars recalled for pollution

20
Q

Stationary Sources of air pollution

A

-states identify and develop plan for stationary pollutants

Have to install Control Devices
RACT (Reasonable Available Control Technology)
-for pre-exisiting stationary pollutants
-lower cost

BACT (best available control techonolgy)

  • for new stationary pollutants
  • more expensive than RACT
21
Q

what is MACT and what companies must employ it?

A

Maximum Achievable Control Technology (MACT)

  • companies who have “toxic air pollutants”
  • higher costs than RACT and BACT
22
Q

3 examples of toxic air pollutants?

A

Mercury
Benzene
Asbestos

23
Q

____ is a new area of concern with pollution

A

Indoor Air Pollution

-may be 100 times more toxic than outside

24
Q

History of Clean Water Act

A

Began with 1886 River and Harbor Act

  • had permit system
  • navigable waterways

National Pollutant Discharge Elimination System (NPDES)

  • expands navigable waterway jursidation
  • had permit system too

Clean Water Act

  • Clean Water Act of 1987
  • Water Quality Act
  • created by EPA
25
Q

What type of technology do you have to install if you are a “Point Source polluter” of a Water Source?

A

Best Practical Control Technology (BPCT)

  • for previously existing sources
  • lower cost

Best Available Control Technology (BACT)

  • cost not a factor
  • for new sources of pollution
26
Q

If you want to flood your Wetland, who do you need a permit from?q

A

Army Corps of Engineers

27
Q

Marine Protection, Research, and Sanctuaries Act of 1972? What is another name for it?

A
  • regulates “dumping in oceans”
  • requires permit

A.K.A. Ocean Dumping Act

28
Q

OPA?

A

Oil Pollution Act

  • passed b/c Exxon Valdez Disaster
  • have to cleanup oils spills within 12 miles of U.S. shore
  • requires oil tankers (big boats) to be “double hulled”
29
Q

What are the penalties if you violate OPA? Who enforces?

A

enforced by U.S. Coast Guard

  • 1,000 per barrel
  • or 25,000 per day
30
Q

Safe Water Drinking Act

A
  • gives EPA more flexibility
  • have to use BACT
  • FORBIDS dumping in wells used for drinking purposes
  • provider of water has to send yearly report to customers
31
Q

FIFRA

A

Federal Insecticide, Fungicide, and Rodenticide Act
-have to register with EPA before sell pesticides/chemicals

IF imminent Danger:
-EPA can immediately stop actions

IF no imminent Danger
-EPA has to have hearing before suspension

Amended by the Food Quality Protection Act

32
Q

RCRA? What are the punishments if you violate

A

Resources Conservation and Recovery Act

  • regulates disposal of new hazardous wastes
  • leads to decrease usuage of land contaminates

50,000 per day fine
2 years imprisonment

*punishments doubled for repeat offenders

33
Q

CERLA

A

Comprehensive Environmental Response, Compensation and Liability Act

-regulates cleanup of existing hazardous waste sites

  • first rank most dangerous sites (put them on National Securities List)
  • Superfund to cleanup hazards (money comes from taxes on polluters)
34
Q

If you only polluted a little regarding a hazardous waste site, under tort law, can you be liable for the whole entire cleanup?

A

Yes

35
Q

NRC

A

Nuclear Regulatory Commission

  • regulates disposal of nuclear waste
  • VERY CONTROVERSIAL
36
Q

What are the penalties for Noise Polluters?

A

50,000 per day

2 years in prison

37
Q

What is the MOST powerful and hated of the Environmental Laws? Why?

A

Endangered Species Act

  • only one that can stop Project dead in it’s tracks
  • prevent land use with NO compensation

MGMT 211 Swim (17 decks)

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