Ch. 25: Environmental Law – No. 1
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Nuisance: A person may be liable if they use their property in
a manner that unreasonably interferes with others’ rights to
use or enjoy their own property.
distinct from that suffered by others, then he may obtain
Ch. 25: Environmental Law – No. 2
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
ENVIRONMENTAL REGULATION
Environmental Protection Agency (EPA): The primary
federal regulator of air, soil, and water quality, its duties
include reviewing environmental impact statements, which
analyze
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AIR POLLUTION
Air Quality Control: The Clean Air Act, as amended,
Hazardous Air Pollutants: Pollutants likely to cause an
increase in mortality or in serious, irreversible or
incapacitating illnesses.
Ch. 25: Environmental Law – No. 4
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CLEAN WATER ACT
regulates “point source” pollutant discharge from,
e.g., industrial, municipal, and agricultural facilities, by
requiring non-exempt polluters to obtain a permit from
the EPA, an authorized state agency, or an Indian tribe.
install the best available control technology (BACT) before
commencing operations; existing sources may install the best
practical control technology (BPCT) until they are able to
implement BACT.
Ch. 25: Environmental Law – No. 5
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
OTHER WATER QUALITY ISSUES
Wetlands: The Clean Water Act prohibits filling or dredging
of areas that are inundated or saturated by surface or ground
water such that they support certain marsh vegetation and
wildlife, unless approved by the Army Corps of Engineers.
Recent Supreme Court decisions have scaled back the
water systems.
The Ocean Dumping Act regulates the transportation and
dumping of pollutants into ocean waters.
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
TOXIC AND HAZARDOUS SUBSTANCES
Federal Insecticide, Fungicide, and Rodenticide Act
processors, and others planning to use chemicals to first
determine their effects on human health and the environment
and empowers the EPA to (1) require special labeling,
(2) limit use or production, or (3) prohibit use altogether.
and Liability Act (CERCLA, a.k.a. “Superfund”):
Regulates the clean-up of hazardous waste disposal sites and
provides that the EPA may recover the cost of cleaning up
such sites from, jointly and severally, (1) waste generators,
(2) waste transporters, or (3) past or present owners or
operators of the site – collectively called potentially
responsible parties.
Ch. 25: Environmental Law – No. 2
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
ENVIRONMENTAL REGULATION
Environmental Protection Agency (EPA): The primary
federal regulator of air, soil, and water quality, its duties
include reviewing environmental impact statements, which
analyze
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AIR POLLUTION
Air Quality Control: The Clean Air Act, as amended,
Hazardous Air Pollutants: Pollutants likely to cause an
increase in mortality or in serious, irreversible or
incapacitating illnesses.
Ch. 25: Environmental Law – No. 4
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CLEAN WATER ACT
regulates “point source” pollutant discharge from,
e.g., industrial, municipal, and agricultural facilities, by
requiring non-exempt polluters to obtain a permit from
the EPA, an authorized state agency, or an Indian tribe.
install the best available control technology (BACT) before
commencing operations; existing sources may install the best
practical control technology (BPCT) until they are able to
implement BACT.
Ch. 25: Environmental Law – No. 5
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
OTHER WATER QUALITY ISSUES
Wetlands: The Clean Water Act prohibits filling or dredging
of areas that are inundated or saturated by surface or ground
water such that they support certain marsh vegetation and
wildlife, unless approved by the Army Corps of Engineers.
Recent Supreme Court decisions have scaled back the
water systems.
The Ocean Dumping Act regulates the transportation and
dumping of pollutants into ocean waters.
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
TOXIC AND HAZARDOUS SUBSTANCES
Federal Insecticide, Fungicide, and Rodenticide Act
processors, and others planning to use chemicals to first
determine their effects on human health and the environment
and empowers the EPA to (1) require special labeling,
(2) limit use or production, or (3) prohibit use altogether.
and Liability Act (CERCLA, a.k.a. “Superfund”):
Regulates the clean-up of hazardous waste disposal sites and
provides that the EPA may recover the cost of cleaning up
such sites from, jointly and severally, (1) waste generators,
(2) waste transporters, or (3) past or present owners or
operators of the site – collectively called potentially
responsible parties.