Toxic Tort Law Quiz

Week 1 Chapter 1: Fundamentals of Environmental Law

• This chapter covers the fundamentals of environmental law.

History of US Environmental Law

• The Industrial Revolution (1760-1830):
  • Introduced new machines and power sources.
  • Increased impacts on natural resources and human health.
  • Significant asbestos use.
• Post-World War II:
  • Rapid urban growth.
  • Construction of highways.
  • Increased air and water pollution.
  • Major smog events in Pennsylvania, London, and New York.

Examples of Pollution Events

• Donora, PA Smog (1948):
  • Five-day smog event.
  • Killed 20 people.
  • Caused respiratory problems for 6,000 of 14,000 inhabitants.
  • Resulting from emissions from US Steel's Zinc mill, American Steel & Wire Plant, and a temperature inversion.
• London Smog (1952):
  • Five-day weather inversion.
  • Caused by coal used in domestic and industrial furnaces.
  • 4,000 immediate human deaths, 12,000 long-term deaths.
  • Also affected cattle/livestock.
• New York (1953, 1966):
  • 1953: 260 deaths.
  • 1966: 168 deaths, 10% of population affected.

Love Canal

• William Love's canal project.
• Waste site:
  • 1920: Abandoned plans and a municipal waste site emerged.
  • 1942-1953: Hooker Chemical Company transformed it into a municipal/industrial chemical dumpsite (with government approval).
  • 1953: Hooker capped the 16-acre hazardous waste landfill and sold it to the Niagara Falls School Board.
• Limited Liability Clause:
  • Grantee warned about the presence of hazardous waste products.
  • Grantee assumed all risk and liability associated with the waste.

Untreated Wastewater Discharge

• Standard in US cities until the 1972 NPDES program.
• San Diego into San Diego Bay (including Navy and industrial waste).
• NYC into Hudson River (including tannery and paper mill discharges).
• Around Manhattan, 150 million gallons of raw sewage daily (until 1986).
• The Hudson's color matched paint applied at a General Motors plant in Tarrytown.
• Continues globally (and sometimes beyond 3 miles offshore).
• Untreated wastewater in developing countries (14 billion gallons a day).

Cuyahoga River Fire (1969)

• Oil slick caught fire in downtown Cleveland, Ohio.

Videos

• Numerous videos on various environmental topics mentioned.

Sources of Environmental Law

• Three key branches:
  • Legislative branch: Creates laws.
  • Executive branch: Carries out laws via federal agencies, executive orders, and treaties (with Congress' confirmation).
  • Judicial branch: Interprets laws.

Forms of Enabling Legislation

• Act: Law detailing program scope and enforcing agency.
• Regulation: Legal mechanisms setting standards and requirements.
• Guidance: Documents guiding program implementation.
• Policy: Statements outlining topic positions.

Regulatory Agency Responsibilities

• Occupational Safety and Health Administration (OSHA):
  • Hazard materials and conditions within facilities.
• Environmental Protection Agency (EPA):
  • Hazardous materials entering the environment.
    • Air
    • Water
    • Waste
• OSHA/EPA MOU: Information sharing.

Environmental Legislative Process

• Congress proposes a bill.
• Both houses approve the bill.
• President approves or vetoes.
• Approved bill established as an act.
• House of Representatives finalizes the act and adds it to the US Code.
• Congress authorizes enforcement agencies.

Rulemaking Process (APA)

• Agency proposes regulation.
• Publication in the Federal Register for public review and comment.
• Review of comments.
• Publication of the final rule in the Code of Federal Regulations (CFR).

Examples of Language in Acts vs. Regulations

• Act (b) and regulations' reference URLs are provided.

Occupational Safety and Health Act (OSH Act)

• Enacted in 1970.
• Created OSHA and its authority to enforce worker protection regulations.

Economics

• OSHA regulations consider costs and benefits of compliance.
• EPA uses Regulatory Impact Analyses (RIAs) (e.g., under Executive Orders 12866 and 13563) to inform regulatory decisions, including consideration of:
• Costs and benefits.
• Least burden on society.
• Combining several regulations.
• Distributive impacts and equity.

Regulatory Authority (EPA)

• 2015: EPA published the Clean Power Plan, addressing carbon dioxide emissions from coal- and natural-gas-fired power plants.
• 2022: Supreme Court overturned the Clean Power Plan.
• Clean Power Plan was an administrative action, not directly authorized by legislative action.

Federal Environmental Acts

• Various acts (CAA, RCRA, PPA, CWA, SDWA, OPA, CERCLA, EPCRA, FIFRA, TSCA, NEPA, HMTA, ESA) are mentioned as key federal environmental laws.

Common Law Liabilities

• Overview of common law liabilities (trespass, nuisance, negligence, toxic torts, strict liability).

Common Law: Toxic Torts

• Detailed discussion of toxic tort claims:
• Definition of toxic tort claims.
• Application to environmental law (e.g., pesticides, PCBs).

Definition of a Tort

• Definition of a tort according to Cornell Law School and other legal sources.

Toxic Tort

• Claim for damages due to exposure to a disease-causing agent, where the defendant is legally responsible for the exposure, and the plaintiff has suffered an injury. (OSHA compliance may also create different standards.)

Common Law: Nuisance

• Definition of nuisance in environmental law, including a Florida case example.

Nuisance

• Definition of nuisance (unreasonable or unlawful use causing harm, inconvenience, or annoyance).
• Discussion of public vs. private nuisance.

Examples of Nuisance

• Examples of cases (sewage odors, PCB migration, air pollution, recycling).

Common Law: Trespass

• Definition of trespassing on land.
• Environmental law application: Sludge seeping onto land.

Trespass vs. Nuisance

• Comparison of trespass and nuisance (differentiation based on property use and possession).

Negligence

• Definition of negligence ("omission to do something a reasonable person would do").
• Violation of a statute as a proximate cause of injury.
• Examples mentioned (paint spray, hazardous waste disposal).

Common Law: Strict Liability for Ultrahazardous Activities

• Definition of strict liability (liability without proof of wrongdoing).
• Environmental law application (toxic waste dump).

Strict Liability

• Liability stemming from ultrahazardous activity for profit.
• Key references (Wikipedia).

Key Legislation Incorporating Strict Liability

• CERCLA (Superfund): Liability for potentially responsible parties (PRPs).
• RCRA: Liability for facilities managing hazardous waste.
• CWA: Liability for entities discharging pollutants into navigable waters.

Environmental Criminal Prosecution

• Enforcement jurisdiction (EPA).
• Referral to the Department of Justice for prosecution.

Occupational Laws

• OSHA Act: Penalties for violations (e.g., willful violations or providing false statements).

International Treaties

• Overview of international treaties (Kyoto Protocol, Great Lakes Water Quality Agreement of 1978, Montreal Protocol).

International Treaties: The Kyoto Protocol

• Description of the treaty and its aims, including its goals on greenhouse gas emission reduction.

International Treaties: Great Lakes Water Quality Agreement of 1978

• Cross-border agreement (US and Canada).
• International commission for creating and implementing regulations.

International Treaties: The Montreal Protocol

• Goals, amendments, and requirements relating to ozone depletion.

Performance Standards Derived From Environmental Laws

• CAFE standards: Energy Policy and Conservation Act (EPCA) of 1975 and efficiency requirements for vehicles.
• Appliance standards: EPCA of 1975, Department of Energy (DOE) standards for residential and commercial products.
• Vehicle emission standards: Clean Air Act, sulfur content in gasoline.

Criminal vs. Civil Law

• Distinction between criminal (loss of liberty) and civil law.

Case Law

• Description of case law, including guidance from OSHRC.

Test your knowledge on the principles of toxic tort law, including common law, nuisance, and the requirements for plaintiffs in these cases. This quiz covers various aspects of environmental law and its implications on public and private rights.