Course: LLB ISubject: Environmental Law

Unit : I

1

Enviornment Laws and Legislations

Environmental Laws,Environmental Laws,

Regulations, Policies, Regulations, Policies, and Programsand Programs

Objectives

• Understand how environmental laws, regulations, and policies are created.

• Understand the most important environmental laws and regulations.

• Understand environmental policy and the Environmental Management System (eMS).

• Understand the civil and criminal penalties for not complying with environmental laws and regulations.

Introduction

• Safe Rivers and Harbors Act of 1809

• The chemical revolution of the 50s• Legislation from national disasters

The Regulatory Process

• Law• Regulation• Policy

National Environmental Policy Act (NEPA)

• Requires environmental consideration for all federally funded actions

• Evaluates potential affects to human health and the environment

The Resource Conservation and Recovery Act (RCRA)

• Passed in 1976• Created cradle-to-grave concept• Regulates the generation,

transportation, and disposal of HW

• Set up different sizes of generators

Hazardous and Solid Waste Amendments (HSWA)

• Passed in 1984• Created the land ban program• Regulated USTs

The Federal Facility Compliance Act (FFCA)

• Passed in 1992• Federal facilities no longer immune

from obeying previously mentioned laws

• Facilities subject to inspections and penalties

The Clean Water Act (CWA)

• Passed in 1977• Wanted all waters fishable and

swimmable• Created a permit system

The Oil Pollution Act of 1990 (OPA 90)

• Passed in 1990• Result of Exxon Valdez• Deals with oil transfer facilities

The Clean Air Act (CAA)

• Passed in 1970• Created a permit

system• Identifies air

pollution sources

The Toxic Substances Control Act (TSCA)

• Passed in 1977• Pre-manufacture notice• Banned the manufacturing, use, and

distribution of certain chemicals:– PCB– DDT

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

• Passed in 1980• Created Superfund• National Priority

List (NPL)

• The military has IRP

The Occupational Safety and Health Act

• Passed in 1970• Created a safe workplace• The MSDS program• Worker’s right-to-know

National Historic Preservation Act (NHPA)

• Protects historic, archeological, and cultural properties

• Many facilities and training sites have these properties

Endangered Species Act (ESA)

• Establishes a list of endangered and threatened plant and animal species

• The listed animals and plant species and their habitats are protected

Noise Control Act (NCA)

• EPA established noise standards for commercial transportation and construction equipment

• The Army has a noise abatement program to reduce noise and protect soldiers and people in surrounding communities from noise pollution

Emergency Planning and Community Right-to-Know Act (EPCRA)• Requires chemical inventories to be

reported to the public• Important for community emergency

personnel such as local fire fighters and medical personnel, so they are prepared to react to fires, explosions, and natural disasters at chemical storage sites, etc.

Hazardous Materials Transportation Act (HMTA) and Hazardous Materials Transportation Uniform Safety Act (HMTUSA)

• Passed in 1974 and 1990• Regulated the transportation of HM

in commerce• Required an employee training

program

environmental Management environmental Management System (eMS)System (eMS)

eMS – What is it?Mission Focused

• Environmental management must NOT be an obstacle to mission, it must be an enabler

• Understanding mission, environmental impact, and regulatory compliance is a critical first step in effective environmental management

• Enabling and sustaining mission must be a primary goal of all elements of the eMS

• Environmental activities that represent obstacles to mission are unacceptable

• Prioritization of resources and proper planning is key to a mission centric eMS

Activities Having Both Mission and Environmental Benefit

• Protection of Natural Resources = Sustains Training Lands

• Improvements In Energy Efficiency = Increased Facility Sustainability and Readiness

• Noise Reduction = Increased Training Opportunities

• Efficient Use of Fuel = Increased Training Opportunity

• Waste Minimization = Improved Maintenance and Readiness

Environmental Policy

• It is policy to integrate environmental stewardship with mission:– Reduce or eliminate pollution at the source– Conserve and protect cultural and natural

resources– Carry out mission in environmentally-friendly

manner and improve quality of life for soldiers and civilians

– Comply with applicable environmental laws– Restore contaminated sites– Allocate resources and training to protect our

environment

Environmental Pillars

Compliance

• INDIA personnel must comply with federal, state, and Army environmental laws and regulations

• The EPA enforces federal regulations• The EPA may give a state or territory

“primacy” to enforce specific federal regulations

Conservation

• The wise use, improvement, and protection of natural and cultural resources

• All personnel must conserve these resources

Pollution Prevention

• P2 is any practice that reduces pollution

• Actions include:– Using fewer hazardous chemicals– Increasing energy efficiency– Reuse and recycling

Restoration

• Cleaning up contaminated sites caused by past practices, such as dumping oil along fence lines

• Managed under the Defense Environmental Restoration Program (DERP) or Installation Restoration Program (IRP)

Environment Regulations

• Environmental Protection and Enhancement

• Environmental Effects of Army Actions• Natural Resources – Land, Forest, and

Wildlife Management• Cultural Resources Management• Pest Management• Integrated Training Area Management

Agency Differences

• Hazardous Chemical (OSHA)• Hazardous Material (DOT)• Hazardous Substance (EPA)• Hazardous Waste (EPA and

DOT)

Agency Differences

1

What if I get caught?

• Warning letter (NOV)• Administrative order• Civil penalty• Permit action• Civil court• Criminal investigation

Liability

• Criminal vs. Civil

References:

• 1. Hazardous Materials Handling, Storage and Disposal Procedures 

• 2.Nanda, K.S Environmental Law, 2007

Thank

YouYou