ENV140 Study Guide PDF

Environment 140 Final Exam Study Guide Acts & Regulations I. Safe Drinking Water Act of 1974 A. Regulates contaminants in drinking water and PUBLIC drinking water systems 1. Public= businesses, parks, hospitals, etc….. Home i...

Environment 140 Final Exam Study Guide Acts & Regulations I. Safe Drinking Water Act of 1974 A. Regulates contaminants in drinking water and PUBLIC drinking water systems 1. Public= businesses, parks, hospitals, etc….. Home is private B. Has standards for public drinking water systems and underground injection wells 1. Standards include: list of contaminants, Maximum Contaminant Levels Goals, Maximum Contaminant Levels II. California Water Rights A. Recognizes both riparian and appropriative rights B. Right to USE, not OWN III. Water Commission Act of 1914 A. A permit is required to appropriate water and states that right holders are first to give up water when in short supply B. Required permit to appropriate the water IV. Sustainable Groundwater Management Act (SGMA) of 2016 A. Goal: maintain sustainable groundwater levels B. Requires permits, annual monitoring, oversight efforts C. Groundwater basins that are critically overdrafted must track any pumping activity and develop GSPs 1. Groundwater Sustainability Plans (GSPs) a) Different timeframes and methodologies b) Address supply rather than demand c) Underestimate overdraft V. Federal Pesticide Control Act of 1972 A. EPA now has regulatory action of pesticides (not Dept. of Ag) and must weight risks against economic benefits B. No public interest lawsuits allowed VI. Toxic Substances Control Act of 1976 (TSCA) A. Requires testing and pre-manufacturing notification to EPA for all new chemicals B. Allows EPA to restrict use of chemical that poses unreasonable risk (MUST have data to provide evidence) within 45 days C. When: large quantities, significant or substantial exposure D. 75,000 chemical substances in commercial use (~10% data) E. Substance-by-substance VII. Resource Conservation and Recovery Act of 1976 VIII. CERCLA or Superfund Act of 1980 A. Addresses cleanup of hazardous waste sites, spills, and other environmental contamination that poses risk to public health and the environment  B. Regulates Potentially Responsible Parties (PRPs) – OOAT 1. Owners 2. Operators 3. Arrangers 4. Transporters C. Not Liable: 1. Act of God 2. Act of War 3. Third Party 4. Innocent Landowner D. How: 1. EPA identifies all contaminated sites 2. Assesses the risk 3. Develops National Priority List a) Owner/users of sits are jointly and individually liable for costs of entire cleanup without regard to their degree of fault b) If your name is on that list and you were not physically responsible it is still your fault 4. Set up a federal trust fund (Superfund) 5. Community-right-to-Know E. Removal actions: short term F. Remedial actions: long term G. Liability under CERCLA is strict, joint and several (if your name is on the list your still liable), and retroactive (forced to pay for entire cleanup) 1. Defenses to Liability include acts of God, War, omission of third party, and innocent landowners IX. Resource Conservation Recovery Act of 1976 (RCRA) A. Goal: protect human health and the environment by ensuring proper waste management practices B. Grants EPA the authority to regulate solid and hazardous waste C. Ends: 1. Ocean dumping 2. Open burning of wastes 3. Landfill dumping of chemicals D. Regulates: Solid & hazardous waste  E. Does NOT regulate: nuclear waste, oil & gas exploration waste, household waste F. How: Cradle-to-grave tracking (generators to TSDFs) 1. Generators: testing, storage/handling, manifest requirements 2. Transporters: manifest and handling requirements 3. TSDFs: standards/requirements for facility operation G. Result: leaves nature of waste stream intact and focuses on poor management X. Food Quality Protection Act of (1996) A. If the EPA cannot ensure that a pesticide won’t harm children, it is required to ban uses of the pesticide on food XI. The Public Trust A. Evolved under English common law, certain natural resources are preserved for public use (navigable waters and shorelines) B. Prevents pollution, overdevelopment, and privatization of resources XII. Endangered Species Act A. To get listed: direct or petition B. 5 Factors: – TODEO 1. Present or threatened habitat 2. Overutilization of species 3. Disease/predation 4. Inadequacy of existing regulations 5. Other factors affected continued existence XIII. UN Framework Convention on Climate Change in 1992 A. Outcome(s): largest share of historical and current global emissions of GHG has originated in developed countries, per capita emissions in developing countries are still low, share of global emissions originating in developing countries will grow to meet their social and developmental needs XIV. L’accord de Paris A. Clean Power Rule XV. Alien Tort Claims Act A. Allows foreign citizens to seek remedies in U.S. courts for human rights violations for conduct committed outside the U.S. B. Very difficult to get through C. Limited by Kiobel v. Shell case where it stated corporations were not liable for international operations under International Law 1. Binds states and nations, but not corporations  Cases/Real World Examples I. Eddy v. Simpson (1853) – APP. RIGHTS A. Outcome: water in CA is determined by first in time, first in right when diverted for beneficial uses (Simpson) B. Significance: established precedence of prior appropriation (first beneficial use of water), laid groundwork for California’s dual water rights system C. **Appropriative rights came into fruition D. Winner: Simpson II. Lux v. Haggin (1886) – RIPARIAN RIGHTS in CA A. Outcome: Riparian rights trump appropriative rights B. Significance: set precedence of riparian rights over app. rights and affected agricultural development & water management in CA C. **In CA: 1. If both riparian = based on use 2. If both app. = based on time you got there 3. If dif. = riparian wins if date is earlier D. Winner: Lux III. Joslin v. Marin Municipal Water District (1967) – PUBLIC USE > TIME A. Outcome: need a reasonable and beneficial use for water rights, maximize usefulness for society B. Significance: Limits riparian rights and enforces beneficial use for PUBLIC use C. **Public use > day D. Winner: Marin Municipal Water District IV. Los Angeles v. Pomeroy – APP. RIGHTS > RIP. RIGHTS, groundwater A. Outcome: app. Rights can take precedence over riparian rights for public benefit and riparian rights are not absolute B. Significance: allowed LA to secure water rights for growth (laid groundwork for LA Aqueduct), creation of “percolating groundwater”, introduced the “reasonable use” doctrine C. **No permit process for groundwater use D. Winner: Los Angeles V. American Mining Congress II Case v. EPA(1990) – RCRA A. Outcome: materials reused within an industrial process and within 90 days are not “discarded” and do not qualify as solid waste under RCRA (American Mining Congress) B. Significance: limited RCRA scope and ensured RCRA applies to only waste that is truly discarded C. **immediate reuse = 90 days D. Winner: American Mining Congress  VI. American Petroleum Institute Case v. EPA (1990) – HAZARDOUS WASTE A. Outcome: EPA’s classification of some petroleum industry byproducts as hazardous waste was too broad and inconsistent with the definition of solid water under RCRA (API), can be stored on-site and reused within 90 days B. Significance: forced EPA to narrow hazardous waste classifications C. Winner: API VII. Love Canal – TOXIC POLLUTION A. Hooker Chem. Company, 21,000 tons of toxic waste buried in neighborhood and 800 families were evacuated (Jimmy Carter) B. Outcome: EPA led cleanup efforts and Occidental Petroleum covered cleanup costs for $129 million C. Significance: creation of Superfund Program (CERCLA), heightened environmental awareness and stronger environmental regulations VIII. Corrosion Proof Fittings v. EPA (1991) – TSCA A. Outcome: Toxic Substances Control Act (TSCA) required least burdensome regulation and the EPA had not considered alternatives to a total ban of asbestos (carcinogen), cost-benefit analysis! B. Significance: setback for EPA’s efforts under the Toxic Substances Control Act and the banning of hazardous substances C. **In Texas, no way EPA wins IX. National Audubon Society v. Superior Court (1983) – PUBLIC TRUST DOCTRINE A. LADWP diverted water from Mono Lake (dropped 45 ft.) B. Outcome: applied public trust doctrine and court ruled that the protection of public trust resources must be balanced with water diversions, LADWP implement restoration plan for Mono Basin’s streams and waterfowl habitat C. Significance: broadened public trust doctrine to include ecological preservation and reinforced government's duty to be stewards of national resources. By affirming the state's duty to protect public trust resources while recognizing the legitimacy and importance of appropriative water rights, the Court set a precedent for balancing economic development with environmental stewardship. X. Environmental Law Foundation v. State Water Resources Control Board – PTD A. Outcome: Groundwater connected to surface water falls under the public trust doctrine B. Significance: expansion of public trust doctrine, groundwater management (SGMA) XI. Kiobel v. Royal Dutch Shell (2013) – ALIEN TORT STATUTE A. Outcome: U.S. courts do not have jurisdiction to hear cases involving conduct outside the U.S. (Royal Dutch Shell) B. Significance: limited Alien Tort Statute scope and made it difficult to hold oversea corps accountable for their abuses XII. Maywood Water – WATER A. Manganese contamination in Maywood, CA XIII. Environmental Justice Movement (1982) A. Warren County, NC = gov. Moved 6,000 truckloads of PCB-laced soil to predominantly African American neighborhood B. Outcome: 1. Office of Environmental Justice 2. Presidential Executive Order 12898 3. Addressing disproportionate impacts on minority and low income ind. 4. Inclusion in Federal law and policy making efforts  Key Definitions 1. Maximum Contaminant Level Goals (MCLGs) a. Max. level of contaminant in drinking water at which no known adverse effects would occur b. Non-enforceable public health goals and are not limits of detection c. Considers: i. Infants ii. Children iii. Elderly iv. Compromised immune systems & chronic diseases 2. Maximum Contaminant Levels (MCLs) a. Maximum level allowed of contaminant in water which is delivered b. Set once the MCLG is determined c. Considers cost and can be adjusted back on group/class by EPA 3. Feasibility a. Level that may be achieved with use of best available technology 4. Riparian Rights a. Rights of landowners to use water from nearby water source b. Must be reasonable and on-site c. Cannot store or impound d. Eastern U.S. where water is more abundant 5. Appropriative Rights a. Based on use and not land ownership b. Western U.S. where water is scarcer c. First come, first serve basis d. Beneficial use required 6. Groundwater a. Unregulated at state level b. Recognized both riparian and app. Rights c. Beneath the river = subterranean stream (LA River) d. No permit process for groundwater use 7. Indirect Potable Reuse (recycled water) a. Planned use of recycled water to replenish drinking water supplies with a suitable environment barrier i. Natural mixing and dilution ii. Environmental buffers provide additional layer of natural treatment & safety iii. More widely accepted iv. Slower v. Potential for loss 8. Direct Potable Reuse (recycled water) a. Treated wastewater is directly introduced into drinking water supply or a water treatment plant without an environmental buffer i. Ex. advanced treatment, reverse osmosis, disinfection ii. Faster iii. Minimal lost 9. Reagan Revolution (1970s-1980s) = bad for the environment! a. Introduction of Cost/Benefit analysis b. Office of Management and Budget c. Risk-based analysis and regulation d. Significance: Reagan attempts to curb environmental protections which leads to scientific language to justify environmental protections to Off. of Management and Budget. Largely prioritized the economy and reduced funding for EPA. 10. Toxic Chemicals a. Regulations of toxic chemical put into place through 1970s & 1980s b. Recycling encouraged, no more open air burning of trash 11. Solid Waste a. Any garbage, refuse, sludge from waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material b. Solid, liquid, semisolid, or contained gaseous material c. From industrial, commercial, mining, and agricultural operations 12. Hazardous Waste a. Solid waste which because of its quantity, concentration, or characteristics may cause increase in mortality or serious illness, or pose a threat to human health or the environment when improperly stored or managed b. Exhibit: i. Ignitability ii. Corrosivity iii. Reactivity iv. Toxicity c. Mixture Rule: listed wastes with other non-hazardous waste d. Derived-from rule: wastes derived from listed hazardous wastes e. Contained-in policy: material contaminated with listed hazardous wastes 13. Removal actions a. Short term, focus on removing immediate dangers, EPA can undertake itself- less than one year or $2 million 14. Remedial actions a. Long term actions, focus on permanent remedy at site, EPA can order PRPs b. Governed by EPA Hazard Ranking System, National Contingency Plan, and Basic Standard governing cleanup 15. International Law a. Sources: Conventions/Treaties, Customary International Law, General Principles, Judicial Decisions & Qualified Publicists 16. Kyoto Protocol (1997) a. Establish targets for industrialized nations to reduce their GHG emissions b. Cap and trade system for Annex 1 countries 17. Environmental Defense Fund a. Market-oriented solutions environmental nonprofit 18. Categories of Governments (impacts of Kyoto) a. Annex I: developed nations i. MUST submit annual GHG inventory ii. Begin meeting reduction levels b. Non-Annex i. No GHG reduction obligations, but huge incentives for them to join markets 1. Clean Development Mechanism c. Between Both i. non-Annex 1 credits can be sold to Annex 1 buyers ii. Kyoto could be too expensive for Annex countries 19. Emissions trading a. Buy reductions from Northern countries that reduce their emissions 20. Clean development mechanism a. Finance programs in South, return for credits they can use to continue to pollute at home 21. Joint implementation a. Northern countries can finance projects aiming at reducing GHGs in other Northern countries and receive credit 22. Kyoto mechanism a. A cap and trade system on emissions of Annex I countries 23. Transnational Environmental Justice a. Industrialization, poverty, poor sanitation, and global North NIMBY-ism leading to significant air, water, and soil pollution abroad 24. Floods and Hurricanes a. Injuries due to debris plus health and safety threats such as water-borne illness, dehydration, drinking water contamination, respiratory issues