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Flashcards in Ch 17 Deck (17):
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Nuisance

Common law doctrine

persons may be held liable for using their property in manner
that unreasonably interferes w/ others rights to use/enjoy
Their property

1

How do courts evaluate nuisance

Courts balance equities btw/ harm caused by pollution
And costs of stopping

2

Toxic tort

Civil wrong arising from exposure to toxic substance

Ex. Asbestos, radiation, hazardous waste

3

Injured party may sue business polluter in tort under...

Negligence or strict liability theories

4

Primary federal agency regulating environmental law?

US environmental protection agency (EPA)

5

Environmental Impact Statement

Statement required by the National Environmental Policy
Act for any major federal action that has major effect on
Quality of environment

Statement must analyze the action's impact on environment
And explore alternative actions that might be taken

6

Mobile sources of pollution

Automobiles and other vehicles

7

What do individuals and groups who oppose regulations often do?

File lawsuits to attempt to prevent an agency from taking
Regulatory action

8

Stationary sources

Include manufacturing plants

9

Hazardous air pollutants (HAPs)

189 substances classified as harmful under the Clean
Air Act, have strict pollution control regulations imposed

Include asbestos, benzene, vinyl chloride

10

Wetlands

Water-saturated areas of land that are designated by
government agency as protected areas that support wildlife

Can't be filled or dredged by private parties without permit

11

Safe drinking water act 1974

Requires EPA to set maximum levels for pollutants in
Public water systems

12

Toxic Substances Control Act 1976

Regulates toxic substances

13

Resource Conservation Recovery Act (1976)

Requires EPA to determine which forms of waste are
Considered hazardous + establish regulations to monitor
And dispose

Producers of hazardous waste must label package properly
For any waste to be transported

14

Potentially responsible party (PRP)

Party liable for costs of cleaning up hazardous waste
Disposal site under Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA)

15

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1980 AKA Superfund

Regulates cleanup of leaking hazardous waste disposal sites

16

4 Potentially Responsible Parties

1 person who generated waste disposed on site
2 person who transported wastes to site
3 person who owned/operated site at time of disposal
4 current owner/operator