Exam 4 - Chapter 15 (Environment Law) Flashcards
What are the principal sources of environmental law?
- Common law actions
- State and local regulation
- Federal regulation
What is the National Environment Policy Act of 1970 (NEPA)?
- Federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented.
- Created the Council on Environmental Quality.
- Does not apply to action by state or local governments or private parties.
When must a environmental impact statement (EIS) be prepared?
all federal actions that significantly affect the quality of the human environment
What is the purpose of an environmental impact statement (EIS)?
to provide enough information about the environment to enable the federal government to determine the feasibility of the project
What are the 3 elements needed to be present (threshold considerations) for an EIS to be required?
1) The action is federal. Grand of a license, issuance of a loan, or lease of property by federal agency
2) Major Activity, i.e. requires substantial commitment of resources
3) Activity must have substantial impact on the human environment
What must an EIS do?
1) Describe affected environment
2) Describe impact on environment
3) Identify and discuss alternatives
4) List resources to be committed
5) Contain cost-benefit analysis
What is the Safe Drinking Water Act?
- Authorizes the EPA to establish national primary drinking water standards.
- Prohibits the dumping of wastes into wells used for drinking water.
- The states are primarily responsible for enforcing the act.
What does the Superfund require the EPA to do?
- Identify sites in the U.S. where hazardous wastes have been disposed, stored, abandoned, or spilled, and
- Rank these sites regarding the severity of risk
- The hazardous waste sites with the highest ranking are put on a National Priority List
- The law provides for the creation of a fund to finance the cleanup of hazardous waste sites
- Can order polluter or landowner to pay for cleanup
Did the US sign the Kyoto Protocol?
No, we made our own regulations