Section 5 Unit 4 Environmental Regulation of Land Use

Question 1

provide aesthetic and environmental, though not necessarily economic, value. Although many state governments recognize this and have enacted regulations to protect this resource, the primary responsibility for wetland protection falls on five federal agencies.

Answer 1

Wetlands

Question 2

oversees navigation and water supply

Answer 2

U.S. Army Corps of Engineers:

Question 3

directs wetland protection at the chemical, physical, and biological levels

Answer 3

Environmental Protection Agency (EPA):

Question 4

manages fish and wildlife game species and threatened and endangered species

Answer 4

U.S. Fish and Wildlife Service:

Question 5

protects the nation’s coastal resources

Answer 5

National Oceanic and Atmospheric Administration (NOAA)

Question 6

manages wetlands impacted by agricultural activities

Answer 6

Natural Resources Conservation Service (NRCS

Question 7

its purpose is “to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.”

Answer 7

Section 404 of the Clean Water Act

Question 8

Activities involving the discharge of dredged or fill material into waters protected by the Clean Water Act require a permit under the _____. Permit applications are reviewed by the U.S. Army Corps of Engineers or by the state authority. Requiring permits for these activities ensures that no discharge of dredged or fill material will damage the aquatic environment or significantly degrade the nation’s waters.

Answer 8

Section 404 Permit Program

Question 9

are areas of low-lying property adjacent to a water source, such as a river or lake.
They store floodwaters, prevent erosion, and even help maintain water quality. When filled with water, they act as natural filters, keeping excess sediment and an overabundance of nutrients from surrounding water sources, which would increase treatment costs. They provide wildlife habitats, have aesthetic value, and are used for recreational purposes.

Answer 9

Floodplains

Question 10

NOAA administers the Coastal Zone Management Act of 1972 (CZMA) designed it to “preserve, protect, develop, and where possible, to restore or enhance the resources of the nation’s coastal zone.” The act encourages coastal states to develop and implement coastal zone management plans. This encompasses the 95,331 miles of the nation’s ocean and Great Lakes coastlines.

Answer 10

Coastal Zones

Question 11

The Rivers and Harbors Act (aka the Rivers and Harbors Appropriation Act of 1899) is the oldest federal environmental law in the U.S. The act prohibits discharging refuse into, altering the course of, excavating, filling or changing the condition or capacity of any port, harbor, or channel without a license or permit, or building any wharf, pier or other structure in any water outside established harbor lines without a permit.

Answer 11

Rivers and Harbors

Question 12

1970 requires federal agencies to evaluate the environmental effects of their proposed actions before making decisions.

Answer 12

National Environmental Policy Act (NEPA)

Question 13

describes the action that may impact the environment. This written statement will be used to consider ways to minimize the negative environmental impact of the project. Then there will be a 30-day comment period and a public hearing.

Answer 13

environmental impact statement, or EIS

Question 14

has to conduct an EIS for every HUD-assisted project to ensure that it does not negatively impact the surrounding environment and that the site itself will not have adverse effect on end users.

Answer 14

HUD—the Department of Housing and Urban Development

Question 15

ay also impact developers. It identifies sites that have hazardous substances and requires the responsible party to clean them up. In the past, even if new buyers didn’t know that the site was contaminated when they purchased the property, they were held responsible for clean-up anyway.

Answer 15

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA

Question 16

an “innocent landowner” defense amendment was made to CERCLA that says landowners aren’t responsible if they didn’t know about the contamination when the property was purchased. Of course, the owner must have acted responsibly when he did find out—no covering it up—and must have done due diligence in investigating the property when it was purchased. If all of that happened, then the landowner may not be held liable.

Answer 16

SARA—the Superfund Amendments and Reauthorization Act

Question 17

was established by Congress on December 11, 1980 as a Superfund to clean up abandoned or uncontrolled hazardous waste sites and respond to spills that may endanger public health or the environment. It created a tax on chemical and petroleum industries—two of the largest polluters—to partially fund the project. Among other actions, it:

• Created requirements for closed and abandoned hazardous waste sites
• Established liability for hazardous waste release at these sites, requiring landowners to take responsibility for cleanup
• Created a trust fund to provide for cleanup when a responsible party could not be identified
• Under CERCLA, landowners can be held responsible for the clean-up costs of hazardous waste even if they didn’t cause the waste.

Answer 17

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

Question 18

created in 1970 to authorize the Environmental Protection Agency (EPA) to establish air quality standards for the protection of human health and the environment.

Answer 18

Clean Air Act

Question 19

provides regulation of pollutants such as oil and other hazardous substances discharged into U.S. waters. It also establishes quality standards for surface waters. The CWA makes it illegal to dump pollutants from a point source, such as pipes and ditches, into navigable waters without a permit.

Answer 19

Clean Water Act

Question 20

provides authority for the EPA to control all phases of hazardous waste: generation, transportation, storage, treatment, and disposal. Amendments to RCRA in 1986 extended the EPA’s authority to include underground storage tanks that hold petroleum and other hazardous substances.

Answer 20

Resource Conservation and Recovery Act