Environmental Law > Midterm > Flashcards
Midterm Flashcards
Two legal systems
Common Law and Civil Law
Common Law System
Court issues a decision; that decision is law of the land. (English Colonies)
Civil Law System
Court decides a case but that case has no future impacts. (France, Italy, Spain)
4 Sources of law
Constitution
Legislations
Regulations
Judicial Opinions
Direct Democracy
Initiatives (or Props in CA) on the ballot
Two kinds of laws:
Criminal and Civil
Criminal Law
Prohibit wrongs against state or society; Plaintiff is state (DA) and defendant; Found innocent or found guilty. (fines, jail or death in some cases)
Civil Law
Laws that allow individual parties to settle disputes between themselves; Plaintiff and defendant. Civil Law’s Two methods of relief (equity: injunction-prevents defendant from doing something) (money-damages)
How laws are passed in US
In US are passed by federal, local (cities, towns and townships) and state government.
Interplay between federal and state govt is very important
State Powers
can exercise any power not exercised by the federal government and not prohibited by the federal government
Problems that occur across borders are handled by treaties (US and MEXICO on air emissions or water quality)
Problems outside of jurisdiction are very hard to enforce. International problems (ocean, antartic, outer space) only way to deal with that is usually through customary behavior/principles and by organizations like UN (but there’s no enforceability)
Historically environmental law is largely
civil law
Law of tort
civil wrong by one person that affects someone else
Kinds of torts:
- Nuisance
- Negligence
- Private Nuisance
- Public Nuisance
Nuisance
denying plaintiff the enjoyment or use of their property. Legal action: limited if damage is already done
Negligence
not behaving as a reasonable person; failure to exercise a level of care
Private Nuisance
affects a small number of people and is handled civilly
Public Nuisance
affects a large number of people and the state sues
1960s brought a big shift in environmental policy
EPA founded in 1970; reason this all changed was because of Vietnam war opposition, population bomb. 1969 – Santa Barbara oil spill. Transnational Law: Stockholm conference in 1972; UN Hazardous waste in 1982
Environmental law based heavily on
scientific evidence
NEPA mandates that all agencies must file
environmental impact statements (EIS)
NEPA
National Environmental Policy Act
Tools to enforce environmental law
Early on passed regulations, then incentives were push to promote environmental standards
Public Policy Tools:
- Cap and Trade. Purchase someone else’s right to use C02 (let the markets impact air quality)
- Carbon Tax
Federal Legislature
435 House of Rep members, 2 yrs terms no term limits
100 Senate members 6 yr terms no term limits
CA Legislature
State Assembly 80 members 2 yr term; 12 year max in assembly and senate
State senators; 40 members 12 year max in assembly and senate– four year terms
Major steps in passing legislation
- introduce bill
- legislative council drafts the bill
- assembly or state senate member introduces bill,
- rules committee decides where bill will be referred to
- committee holds hearings
- reporting of bill; goes to floor of the Assembly or Senate (where introduced)
- if passed on floor then goes to second house
- conference committee-differences in bill reconciled between Senate and Assembly (Both houses must pass).
- When done in legislature the bill goes to president or the governor (Could get vetoed)
Committee Chairman
member of party that has a majority
Ranking Member
senior member of committee from minority party
3 levels of Court:
Trial, appellate, supreme
Fed: District, appellate, US Supreme
CA: Superior, circuit, CA Supreme
Number of Courts
96 federal district courts, 4 in CA geographically based
12 Circuit court of appeals
Process between jury and judge
Juries find facts, judges interpret the law – neutral party is presented with evidence, makes findings and facts and renders a verdict.
Judicial system is adversarial – winners and losers
Both sides of court go at war with one another
Which court you can take your case to?
- Court must have subject matter (jurisdiction)
State has subject matter jurisdiction
Concurrent jurisdiction: State or federal court can hear it
Subject Matter Jurisdiction: To be in federal court: you need diversity of citizenship and dispute must be at least about $75,000.
If plaintiff files in federal court, then case can only be heard in federal court
If plaintiff files in state court, then defendant can move from state court to federal court - Venue: Usually residence of the defendant, where the property is or where the incident took place.
- Standing: Legal right to bring a law suit. Need to be personally impacted by outcome of the case
- Case or controversy-parties can’t be on same side
- Case has to be ripe (present controversy)
Summary Judgement
ask court to say “assuming everything the other party says is true and disregarding my case”
Arbitration and Mediation
Arbitration: neutral third party is binding
Mediation: Neurtal third party is not binding
Admin agencies:
provide more specific regulations that what leg can provide; immune from political pressure
Admin agency rule making
- informal rule making: draft regulation is published
- formal rule making: draft regulation is issues
Two kinds of agencies:
Executive and Independent agencies
State agencies:
often exercise same powers that the fed do.
Flint Water Crisis
The ripple effects of the city of Flint’s tainted drinking water crisis could eventually prompt water suppliers to spend more than a quarter-trillion dollars on infrastructure upgrades faster than anticipated, a leading rating agency said Friday.
Fitch Ratings said in a note that utilities are stepping up education efforts to bolster public confidence while also evaluating their existing treatment protocols to ensure water quality. Significant investment in service line replacement could be coming soon, particularly if the federal Environmental Protection Agency quickly alters existing rules to make them more stringent in the wake of Flint, the rating agency said.
More than 6 million lead service lines exist across the country, according to estimates cited by Fitch. Many of these are located in the Northeast, Midwest and older urban areas.
“We believe the capital costs to replace these lines could exceed $275 billion,” Fitch said.
The EPA’s latest survey estimated the entire sector needs $385 billion in water infrastructure improvements through 2030, and this estimate includes the costs to only partially replace lead pipes, according to the rating agency.
Fitch Ratings noted that if those costs are spread over a sufficient amount of time, they could be manageable. However, if those changes need to be implemented faster, it could cause financial stress for some water utilities. Those costs could eventually be passed on to consumers, said Andrew DeStefano, director for U.S. public finance at Fitch.
In its report Friday, Fitch cited a number of lawsuits filed against Flint and other government officials allege that the water residents were using was unsafe as a driving factor for potential regulatory changes. The city had changed water sources in mid-2014, and the lawsuits argue that the newer source had higher corrosive properties that eroded the pipes, leading to highly elevated lead levels in the water. The city has been under a federal state of emergency since January.
Kammal Smith of Troy of Omega Psi Phi Fraternity Inc.
Kammal Smith of Troy of Omega Psi Phi Fraternity Inc. helps move water to hand to other members that they donated to the Flint community at Heavenly Host Baptist Church in Flint on Sunday, January 17, 2016. The fraternity members from throughout the state brought in five truckloads of water for Flint residents to deliver to church members and then to the community. (Photo: Ryan Garza, Detroit Free Press)
The Free Press previously reported that Flint’s water crisis has prompted the filings of a number of lawsuits that could cost Michigan taxpayers hundreds of millions of dollars in damages.
At least a dozen lawsuits have been filed in local, state and federal courts on behalf of Flint residents who drank lead-tainted water for nearly two years. The complaints name a long list of state and local agencies and officials, from Gov. Rick Snyder to Flint city employees.
Some of the suits seek to hold Snyder and others personally liable for damages. Some defendants could also face criminal charges as state and federal prosecutors investigate how Flint’s water was poisoned. Snyder has hired two outside attorneys in connection with the Flint drinking water crisis, including a criminal defense attorney retained to serve as “investigatory counsel,” a Snyder spokesman has confirmed.
Lawyers in two cases say they’re seeking multimillion-dollar awards. One seeks $100 million from a Flint hospital for victims of Legionnaires’ disease, and the other seeks at least $500 million from an engineering company Flint hired to put its water treatment plant into operation using Flint River water. The suit, which states the company was aware the water would be dangerous without proper anti-corrosive treatment, seeks damages for diminished property values.
The remaining suits seek everything from replacement of the pipes that leached lead into Flint’s water supply to long-term medical monitoring and health care, a court-ordered monitor to oversee the city’s water operations, cancellation of all water bills since April 2014, when lawyers argue Flint’s water supply became unfit to drink, and punitive damages against the state and other defendants.
Some legal experts have said the best solution for the state would be to do what BP did after the Deepwater Horizon oil rig exploded in 2010: Finance a victims’ compensation fund.
Separately, certain Chicago residents filed suit against the city, alleging that repairs by Chicago to its water system allowed dangerous levels of lead to enter the drinking water supply and that the city did not sufficiently notify residents that they may have been exposed.
The EPA currently regulates drinking water exposure to lead based on its Lead and Copper Rule, which seeks to minimize lead in drinking water primarily through corrosion control of lead pipes. If corrosion control is not effective, the rule can require water quality monitoring and treatment, corrosion control treatment, the removal of lead lines and public education.
Federal environmental protection officials are considering trying to strengthen the rule sometime later this year or in 2017.
“In light of these lawsuits and the heightened public focus on possible lead contamination, Fitch expects any proposed rule revisions will likely move the industry toward removing all lead service lines,” the rating agency said Friday. “Reprioritizing and accelerating lead pipe replacement would add significant additional capital needs to the sector and could compete with other critical infrastructure projects, including developing sufficient long-term water supplies and replacing aging infrastructure components other than lead lines.”
On Friday, the city of Flint kicked off its $55 million Fast Start initiative to replace all the lead service lines in Flint and restore safe, clean drinking water as soon as possible. A construction crew replaced lead lines with new copper pipe at the home of a Flint couple expecting a child later this year, according to the office of Mayor Karen Weaver.
Porter Ranch Gas Leak
Southern California Gas Co. announced Thursday (FEB 11) that it has temporarily controlled the flow of gas from a well near Porter Ranch, a crucial first step in the effort to stop the leak that has forced thousands to flee their homes.
The gas company said that a relief well reached the base of the leaking well and that officials are now pumping “heavy fluids to temporarily control the flow of gas out of the leaking well.” That could keep the leak plugged permanently.
But officials emphasized that this was a first step and that cement must now be poured to fully block the leak. That could take several days.
“We have temporarily controlled the natural gas flow from the leaking well and begun the process of sealing the well and permanently stopping the leak,” Jimmie Cho, senior vice president of gas operations and system integrity, said in a statement released by the gas company.
State regulators will eventually conduct inspections and pressure tests to certify that, after nearly four months of environmental contamination, civic disruption and worry, Aliso Canyon Natural Storage Facility’s Standard Sesnon Well 25 has been plugged.
Thursday’s development was cause for celebration, although there is still a lot of work ahead, said Paula Cracium, president of the Porter Ranch Neighborhood Council.
“It changes from controlling the crisis to now navigating recovery,” Cracium said. “Homeowners have been injured. Property values have been injured. There’s going to be a version of PTSD as they get a whiff of any odor in their home.”
“Most of the families in the community are very excited to get back, but they will not be distracted by the leak stoppage. They still want to know that their homes are safe,” she added.
Once the leak is stopped, residents who have temporarily relocated to leased houses and hotel rooms will have seven nights to move back to their residences, in accordance with terms of a recent agreement between the gas company and the Los Angeles city attorney’s office.
Porter Ranch residents celebrate stop of leak but remain cautious
Porter Ranch residents celebrate stop of leak but remain cautious
However, Rep. Brad Sherman (D-Porter Ranch), said Wednesday he wants to delay the start of the seven-day clock until another step is taken. Sherman wants the California Air Resources Board to certify that the air surrounding the Aliso Canyon field is free of natural gas.
Over the past three months, the well has spewed more greenhouse gases than any other facility in California. The release of so much methane, a greenhouse gas several times more powerful than carbon dioxide, will contribute significantly to global warming, experts say.
Odorants that are commonly added to gas to aid in detecting leaks have prompted hundreds of complaints of nausea, respiratory problems and nosebleeds and have displaced residents from more than 4,400 homes in Porter Ranch and its surrounding communities in the foothills of the northern San Fernando Valley.
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The stricken well is one of 115 injection wells at the 80-year-old, 3,600-acre Aliso Canyon facility, which stores 86 billion cubic feet of gas and serves 11 million people in the Los Angeles basin. Many of those wells are corroded and mechanically damaged, the gas company said.
Yet it is the only gas storage field in a distribution area stretching from Porter Ranch 60 miles south to Santa Ana that can ensure reliability in both winter, when homes and businesses use significant amounts of natural gas for heating, and summer, when gas-fired generators supply power to air conditioners.
Efforts to close the well are being conducted under new orders imposed by the Safety and Enforcement Division of the California Public Utilities Commission in consultation with the state Department of Conservation’s Division of Oil, Gas and Geothermal Resources.
Porter Ranch-area gas leak
Porter Ranch-area gas leak
The gas company, which is the subject of ongoing criminal investigations and civil litigation, has been ordered by the PUC not to “remove, temporarily store, bury or raze” anything within a 400-foot radius of the wellhead.
Materials to be protected for use as possible evidence include all metal and concrete well casings, tubing, valves and valve parts, wire, gas and mud samples, gravel, cement mixtures and soil.
“It’s clear the costs of this incident are the gas company’s,” Robert Weisenmiller, chairman of the California Energy Commission, said in an interview Wednesday. “The CPUC will be tracking all of the gas company’s costs to make sure they are not allocated to ratepayers and that the shareholders have full responsibility.”
Weisenmiller said he expected the issue to be highly contested.
Environmentalists said stopping the flow of gas was a big step but also urged caution.
“Stopping this leak is critical to ensure the safety of the Porter Ranch community, but this isn’t the end of the story,” said Damon Nagami, director of the National Resources Defense Council’s Southern California Ecosystems Project. “We must do everything we can to protect families in California and across the country — as well as our climate — from harmful gas leaks.”
L.A. City Councilman Mitch Englander issued a statement saying: “With so many lives affected over the past four months, the news of finally stopping the leak will allow this community to begin breathing a healthy sigh of relief. The next several phases are critical to ensuring the capped well is certified, the entire facility is safe, and this community can begin to recover.”
