Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta 1

Three Broad Categories

 Regulation of pollutants  Regulation of chemical substances in commercial products  Policy decisions regarding the quality of the environment 2

Pollutants

 Clean Air Act  Federal Water Pollution Control Act  as amended by the Clean Water Act  Resource Conservation and Recovery Act (RCRA)  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) 3

Chemical Substances

 Federal Insecticide, Fungicide and Rodenticide Act  Toxic Substances Control Act 4

Policy Decisions

 National Environmental Policy Act of 1969 (NEPA) 5

Admimnistration of Environmental Laws

 Federal  Environmental Protection Agency (EPA)   Created in 1970 by executive order Responsible for all federal laws except NEPA  State  Some state laws predated the federal and are more stringent and comprehensive  The EPA may permit such state programs to operate 6

Clean Air Act

 The EPA has established national ambient air quality standards (NAAQS) for pollutants.

 Six specific standards were set for       Particulate matter Sulphur dioxide Ozone Nitrogen dioxide Carbon monoxide Lead  American Electric Power v. Connecticut (2011)  EPA has exclusive authority to regulate greenhouse gas emissions 7

Clean Water Act

 Regulates the discharge of pollutants into the navigable waters of the U.S.

 States regulate non-navigable waters  Corporate officers can be held civilly liable if they had authority over the violative activity, and can be held criminally liable for knowing violations of the Act.

 13-year sentence for toxic waste dump into sewer 8

Resource Conservation and Recovery Act

 Governs management of hazardous waste  “Cradle-to-grave” responsibility for proper disposal of hazardous waste  Potential civil and criminal liability for corporate officers 9

Federal Superfund Law

 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)  Imposes strict liability on present owner of land, as well as previous owners and those responsible for the disposal of the hazardous substance  Split of authority as to whether the Act can be applied retroactively , i.e., for pollution that occurred before December 11, 1980 10

Gowanus Canal

11

Gowanus Canal

12