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Environmental Laws Courtesy of: Pamela J. Shlachtman, Miami Palmetto High School Statute Area of Coverage Key Points Regulates the handling of waste from "cradle to grave"; establishes rules for the handling of such waste from the time it is generated, while it is packaged, stored, while it is transported, and how it is disposed, as well as the disposal sites themselves. Major areas of regulation include: Resource Conservation and Recovery Act (RCRA), 1976 Hazardous and Solid Waste landfills underground storage tanks hazardous waste disposal transportation manifests permits to possess, treat, or dispose of wastes recordkeeping and reporting Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 1980 Hazardous Waste Sets up a fund to clean up abandoned hazardous waste sites Establishes liability scheme for parties to collect from one another for $$ to clean up sites; EPA and others can sue to recoup cleanup $$ Sets up guidelines on how to clean up sites EPA locates dumps and sets priorities of worst sites, known as National Priority List (NPL); Mining sites, nuclear sites, military sites (all government) plus industrial sites of all sorts Implemented "polluter pays principle" Oil Pollution Act (OPA), 1990 Oil Spills Establishes liability for oil spills; establishes fund to clean up oil spills Mandates spill cleanup procedures Pollutant Generation Seeks to prevent pollution through the reduced generation of pollutants at their origin Companies required to report toxic releases each year EPA tests products and works with companies mostly on voluntary basis Pollution Prevention Act (PPA), 1990 Requires EPA to set and enforce rules regarding: Clean Air Act (CAA), 1970 Air Pollutants mobile source limits (car) ambient air quality standards (smog) hazardous air pollutant discharge standards (what can come out of smokestacks) standards for new pollution sources (invent a polluting source?: talk to EPA before it can be used) acid rain reduction ozone depletion protection EPA works with areas that don't attain clean air standards EPA makes a list of endangered and threatened species Violation if one "harms" such a species; "harm" includes impacting the environment Note: if question involves birds, Migratory Bird Act protects what can be done to birds Endangered Species Act (ESA), 1973 Animals and Plants Clean Water Act (CWA), 1977 Regulates and enforces program for discharges into U.S. waters All waters except ocean Regulates wetland destruction/construction Establishes sewage treatment construction grants program Safe Drinking Water Act (SDWA), 1974 Groundwater, lakes, and Establishes primary drinking water standards rivers used for Establishes groundwater protection program consumption Ocean Dumping Act (ODA) Oceans Emergency Planning and Community Right to Know Act (EPCRA), 1986 Information Toxic Substances Control Act (TSCA), 1976 Regulates intentional disposal of materials into oceans Requires reporting of toxic releases: the Toxic Release Inventory (TRI) Encourages response for chemical releases Regulates the testing and use of chemicals (amount produced, how handled, warning labels, limits to use) Also covers the following programs: Chemicals radon lead in buildings asbestos protection Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 1972 Governs pesticide use: amount and locations Creates a pesticide registry; bans some pesticides Food and Drug Administration also administers Pesticides Study of federal National Environmental Policy Act projects affecting the (NEPA), 1969 environment Environmental Impact Statements must be filed for "major" federal actions Only paperwork and research need to be done; no other activity mandated Environmental Law Terminology Conservation "Controlled Use", "Scientific Management" of natural resources. "Greatest good for the greatest number of people". Preservation Remaining wilderness areas on public lands should be left untouched Restoration To bring back to former condition (formal natural state/condition); active restoration seeks to reestablish a diverse, dynamic community at sites that have been degraded Remediation Most often used with cleanup of chemical contaminants in a polluted area Mitigation Repairing/rehabilitating a damaged ecosystem or compensation for damage; most often by providing a substitute or replacement area; frequently involves wetland ecosystems Reclamation Typically used to describe chemical or physical manipulations carried out in severely degraded sitessuch as open-pit mines or largescale construction