Es 125

eshapeesha's version from 2018-02-14 21:53


Question Answer
whats the epa do, whos in it pollution, clean air act clean water act, waste.
dpt of interior natural resoures, fish and wilflife service and bureau of land management
dpt of agland resources, logging, oil, gas, mining
army cor of engineersflood control, wetlands
dpt of commercenational marine fisheries service
how do rules get madepropose rule, public notice and comment, hearing, final rule.
judicial role in rule makingenforcement, hearing before admin law judge, decide remedies (corrective orders, penalties, citizen rewards), can appeal before court of appeals
administrative role in rule makingadvise, conduct research, permit decisions, management
how are rules made publicfoia
how does the executive branch relate to agencies appoints agency heads, does budget, executive orders can impact
how does the legislative branch affect agencies congress has oversight authority, investigating powers, reauthorize or terminate or amend agency, veto, approve budget, consent on exec nomination
judicial effect on agenciescan set aside agency actions if they are unconstitutional, not in compliance, outside scope, in violation
what is standing, who has standinglegal right to bring a lawsuit. requires that you are directly affected by the subject and outcome of litigation.
citizen suit provisioncitizen can bring lawsuit for individuals/ agencies violating statutes if that citizen is directly affected. inc in esa
zone of interestthe plaintiff needs to be filing for an injury that relates to the purpose of the law.
constitutional standingplaintiff has to suffer an injury. this can be a particular and concrete injury or one that is imminent. there needs to be a causal connection between injury and defendant. and there needs to be a redressable solution.
tort law requiresinjury, causation, responsibility of defendant.
nuisance what is it and remedyunreasonable interference with use or enjoyment of another's land. can be private or public. remedy is- injunction to stop nuisance and compensatory damage.
trespass what is it and remedyphysical invasion of pollutants. can be continuing. remedy is injunction and compensatory damage
negligence what is it and remedyknowledge of potential harm; failure to use reasonable care to prevent foreseeable harm, no damage would result from ordinary cause of events. remedy is injunction and compensatory damage but no punitive.
strict liability- what is it and remedy abormally dangerous and inappropriate use of land, in the context of location irrespective of intention. remedy is injunction to stop, compensatory damages, and punitive aka punishing damages if willful activity
timeline of enviro lawsSB oil spill (1969); EPA (1970); NEPA (1970); clean air act (1970), coastal zone mgmt act (1972), ESA (1973). all by nixon.
NEPA- purpose, what is it, how carried out, who is involvedmade to encourage harmony between humans and their enviro, to promote efforts to eliminate enviro damage, to increase understanding of ecological systems and natural resources. it discloses environmental consequences prior to taking action by requiring federal agencies to do preemptive and public enviro reviews whenever fed agency carries out, funds, or approves a proposed action. the activity must be major and have a significant impact on the human environment. it also established the council on environmental quality to advise pres. it works to enhance public participation and foster interagency coordination.
council on environmental quality- what it doadvises the president on enviro matters, drafts regulations to implement NEPA, helps agencies fulfill enviro responsibilities
NEPA process.1 is it federal and major or not? figured out thru and enviro assessment, 2. is an eis rqd? based on comments to enviro assessment. then a final determination comes out. if it gets a fonsi= no eis; if if gets a mitigated fonsi= judicial review on enviro; or straight to eis. step 3- prepare eis. first you gotta publish a notice of itnent, then scope (research and public comment), then draft the eis and publish for public comment, then final eis. the final eis includes the purpose of the project, proposed action,baselines, consequences, and alternatives, mitigation measures, unavoidable adverse effects, responses to comments, then a recrd of the decision.
in an eis alternatives gotta includeno action, what the agency prefers, and = range of depth for all. hen record the decision.
consequences to be included in eiscomprehensive look, direct and indirect conseuqneces, cumulative, short term v long term productivity, irreversible commitment of resources.
when is something exempt from enviro reviewcateogrical exclusions- the category doesnt have much impact on enviro (cutting lawn), or statutory exclusion- if other laws already address the enviro effect.
endangered species act- whats the purpose, what has it found, who in charge of what preserve ecosystems where endangered/threatened species live. to conserve and recover listed species. has found that species are going extinct due to urban development, over utilization of species, disease, and predation. species are of imporant value. usfws (dpt of interior responsible for terrestrial and freshwater. usnmfs (dpt of commerce) responsible for marine species.
protections of esaspecies listing, critical habitat designation, take prohibition for listed species, agency duty to conserve species, consultation before harm, plan for recovery
endangeredin danger of extinction
threatenedlike to become endangered within foreseeable future
two processes for listing a species esa1. once a listing is proposed the agency publishes notice and has a year to act. this action entails either publishing listing rule, withdrawing proposal, or extention. agency comes up w list that may need listing, this list of candidates is published and animals consider how to order this. there isnt a deadline on action to list species. 2. public can file a petition to request listing then the agency has 90 days to decide.
takeharming, killing, capturing, collecting wildlife. does not apply to plant species. take can icnlude harm to critical habitat.
critical habitatdeclared at time of listing, though can be delayed if designation not “prudent” or “determinable”areas essential to the species and which may require special management or protection. Areas can be excluded for economic considerations. Federal actions/funding/permitting can’t harm habitat
incidental taketake cant jeopardize the species. must include a habitat protection plan, published for commend. must minimize harm to max extend and support conservation. threatened can be taken more likely-ly.
agency responsibilities w esaall fed agencies have responsibility to aid in conservation, make sure their actions dont challenge listed species or critical habitat, must consult fws/nmfs. if a listed species would be affected they need a consultation and biological opinion. also have to do recovery planning to reverse decline of species, specific actions, no deadline,
sierra club v mortondisney wants to turn mineral king valley into a resort. the resort includes a highway, powerline, and facilities. the sierra club opposed this saying it is against federal laws of preservation to natural resources and aesthetics. therefore warrants judicial review. the sierra club based its standing on the publics best interest and environmental wellbeing, which didnt hold up. they claimed injury to the shared interest of ecology and aesthetics. they needed to have found a way to make it personal to have standing.
hulbert v ca portland cement cocement was produced legally but the dust from it damaged hulberts trees. the company had to stop producing unless the dust stopped being emitted bc it was causing a private nuisance. so an injunction to stop the company was producing came about.
weston paper co v popepaper co putting waste into a creek that was going to the plaintiff. farmers were originally interested in this paper mill, but it caused injury bc smell, creek overflow, grass, flies. livestock that drank from the creek were harmed. this is a public nuisance. the plant was injuncted to relocate.
renken v harvey aluminiuman aluminium plant releases flourine which gets on trees. and they dont have technlogy to reduce pollution. this caused continuous tresspass bc physical invasion of pollutants that wasnt stopping. remedy- fume hoods nad electrostatic precipitators. plus damages incurred by renken.
spur industries v del webbspur industries runs cattle feed lots and webb develops next to. people wont buy homes and residents complain of smell. this is a nuisance. spur has to shut down but webb has to pay for it.
reynolds v yturbidereynolds releases flouride which it knows are damaging. they have some safety equipment but not enough. considered negligence and they had to pay for injuries upon yturbide whose vegetables were harmed.
branch vs western petroleumwastewater injected into basin which pollutes the water in the branches home. this kills chicken and rabbits and cattle. this was an instance of strict liability bc western knew but dgaf. had to pay back and stop.
cliffs v atomic energy commissionfirst investigation of NEPA. atomic energy commission did not have regulations as strict as nepa rqd. they should be in charge of eis and not leave those applying to decide whether or not its needed. they didnt follow their procedural requirements.
Robertson v mathow valley citizens, significancedecision to issue a rec special use permit without an eis for a ski resort. this threatned a deer species. the eis didnt include a detailed mitigation strategy for said deer species. plus air q issues. significance- must include worst case scenario and give actionable mitigation. NEPA rqrs a hard look at enviro consequences. doesnt mandate a particular result, measure, or alternative.
muckleshoot v forest serviceforest service tryna do a land exchange for logging which leads to loss of forest. eis didnt look at cumulative impacts or alternatives.
cumulative impactswhen project impact is insignificant by itself but may be significant when combined w similar impacts from others or past or future possibilities.
what didnt fs considercumulative impacts of logging on watershed and future land exchange. should have done so in such detail that mitigation plan can be made. there is no listed impact of timber harvest either. relevant alternatives gotta be mentioned esp if they are relevant to the stated purpose. they didnt consider deed restrictions, didnt request alt funds to purchase land, too broad alternatives.
tva v hillconstruction of dam on little tennessee river. this threatened the snail darter and its critical habitat. congress had been funding the creation of this dam. court of appeals said that just bc the project has started doesnt matter, species still at risk. congress wants it to keep going, tva wants it to keep doing bc the project is almost done and listing hadnt occurred yet. they wanted to relocate the darter. supreme court said that the species must be protected at all costs. the president ended up coming up w an exception bc they shoved it into another bill.
eminent domainaction by public agency to take ownership of priv property for public use. alwasy rrequires compensation.
regulatory takingprivate property retains ownership, but regulatin limits use of property.
physical takingalways requires compensation, something is physically altered about the porperty
restriction of usecan be total loss, may require compensation, may lower value. depends on if econ value, nature of gov action, extend to which regulation interfered w prop owners expectation.
commerce clauseallows gov regulation of commerce across state lines, gov can regulate business and lands.