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Environmental History & Basics of Environmental Statutes Steve Mason Environmental History & Basics of Environmental Statutes Steve Mason 15th Annual OSC Readiness Training Program www.oscreadiness.org What is Environmental Law ? • Legal system of statutes, rules, guidelines, policies, and judicial/administrative interpretations addressing wide-ranging set of environmental issues and concerns • Minimizes, prevents, punishes, or remedies consequences of actions which damage or threaten environment, public health, and safety • Most environmental laws result from catastrophe 15th Annual OSC Readiness Training Program www.oscreadiness.org 1 Some Examples • EPCRA – Bhopal, India • CERCLA – Love Canal • CWA – Fires on the Cuyahuga River, Ohio • OPA – Exxon Valdez & Mega Borg • CAA Amendments (RMP) – Series of deadly explosions & releases in late ’80s 15th Annual OSC Readiness Training Program www.oscreadiness.org 2 It Can Get Confusing !!!!! 15th Annual OSC Readiness Training Program www.oscreadiness.org 3 Great Moments in History of Environmental Protection Decline of Roman Empire partly due to lead poisoning; used lead acetate to sweeten wine and turn pulp into sweet condiment; lead piping used to distribute water 1340s: Bubonic plague decimates Europe, creating first attempts to enforce public health and quarantine laws; cleanest residents executed for fear of intentionally spreading plague 15th Annual OSC Readiness Training Program www.oscreadiness.org 4 Great Moments in History of Environmental Protection 1589: Water closet invented by John Harington in England, but indifference to filth and lack of sewage meant usage ignored until 1778 15th Annual OSC Readiness Training Program www.oscreadiness.org 5 Great Moments in History of Environmental Protection • 1952: London smog killed over 4,000, named "Killer Fog" • So thick, buses could not run without guides walking ahead 15th Annual OSC Readiness Training Program www.oscreadiness.org 6 Great Moments in History of Environmental Protection “But when, for the fourth day, we saw the greasy, heavy brown swirl still drifting past us and condensing in oily drops upon the window-panes, my comrade's impatient and active nature could endure this drab existence no longer.” Sherlock Holmes, “Bruce Partington Plans,” 1895 15th Annual OSC Readiness Training Program www.oscreadiness.org 7 Corporate Icon # 1 15th Annual OSC Readiness Training Program www.oscreadiness.org 8 History and Overview of EPA “ Why are we here ?” 15th Annual OSC Readiness Training Program www.oscreadiness.org Comparison of Budgets 11 10.5 10.6 10.2 9.8 9.4 9 8.08 8.68 8.6 8.09 8.37 8.2 7.6 7.6 7.8 7.57 7.7 7.79 7.6 7.8 7.4 7.5 7.4 7 6.5 6.7 6.6 6.2 5.8 5.4 5 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 $ in billions 15th Annual OSC Readiness Training Program www.oscreadiness.org 10 Comparison of EPA Full-Time Employees 19,000 18,110 17,741 17,904 18,000 17,670 17,739 17,631 17,560 17,558 17,478 17,571 17384 17,324 17,277 17,252 17,152 17,082 17,000 16,000 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 15th Annual OSC Readiness Training Program www.oscreadiness.org11 11 History of EPA • Modern environmental movement was inspired by publication of “Silent Spring” in 1962 • April 22, 1970: First Earth Day Celebration 15th Annual OSC Readiness Training Program www.oscreadiness.org 12 History of EPA – Agency Seal • Official Agency Seal by Executive Order 11628, October 18, 1971 • Flower with bloom symbolic of elements of environment. Bloom=sphere (blue sky, green earth, and blue-green water); white circle=sun and moon • Indiana advertising agency produced seal at no cost • EPA Order 1015.2A provides directions for use 15th Annual OSC Readiness Training Program www.oscreadiness.org 13 History of EPA • Created July, 1970, by President Nixon Reorganization Plan • Independent agency, not under another department • FY10 budget requested $ 10.5 Billion and 17,384.3 full-time employees • Consolidated number of activities into 1 agency 15th Annual OSC Readiness Training Program www.oscreadiness.org 14 History of EPA – Merging of Agencies Department of Department of Department of Department of Atomic Energy Health, Education, Interior Agriculture Agriculture Commission and Welfare Air, Solid Waste, Water, Pesticides Pesticides Radiation Drinking Water Pesticides Registration In Food Programs Research Environmental Protection Agency 15th Annual OSC Readiness Training Program www.oscreadiness.org 15 History of EPA -- Mission • EPA’s official birthday is December 2, 1970 • Nixon explained mission of EPA: • Establish / enforce environmental protection standards • Conduct environmental research • Provide assistance to others combating environmental pollution • Assist CEQ in developing new policies for environmental protection to recommend to President 15th Annual OSC Readiness Training Program www.oscreadiness.org 16 EPA administers these statutes: • Atomic Energy Act (AEA) • Clean Air Act (CAA) • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund) • Emergency Planning and Community Right-to-Know Act (EPCRA) • Endangered Species Act (ESA) • Energy Policy Act • Federal Food, Drug, and Cosmetic Act (FFDCA) • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) • Federal Water Pollution Control Amendments • Marine Protection, Research, and Sanctuaries Act (MPRSA) • National Environmental Policy Act (NEPA) • National Technology Transfer and Advancement Act (NTTAA) 15th Annual OSC Readiness Training Program www.oscreadiness.org 17 EPA administers these statutes: • Nuclear Waste Policy Act (NWPA) • Occupational Safety and Health (OSHA) • Oil Pollution Act (OPA) • Pollution Prevention Act (PPA) • Resource Conservation and Recovery Act (RCRA) • Safe Drinking Water Act (SDWA) • Superfund Amendments and Reauthorization Act (SARA) • Toxic Substances Control Act (TSCA) • EO 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations • EO 13045: Protection of Children From Environmental Health Risks and Safety Risks • EO 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 15th Annual OSC Readiness Training Program www.oscreadiness.org 18 Laws that Influence Our Processes and Policies: • Administrative Procedure Act (APA) • Congressional Review Act (CRA) • EO 12866: Regulatory Planning and Review • EO 13132: Federalism • EO 13175: Consultation and Coordination with Indian Tribal Governments • Federal Advisory Committee Act (FACA) • Freedom of Information Act (FOIA) • Paperwork Reduction Act (PRA) • Privacy Act • Regulatory Flexibility Act (RFA) • Small Business Regulatory Enforcement Fairness Act (SBREFA) • Unfunded Mandates Reform Act (UMRA) 15th Annual OSC Readiness Training Program www.oscreadiness.org 19 Agency directed by: • Administrator and Deputy Administrator • Nine Assistant Administrators • General Counsel • Inspector General All Senate-approved 15th Annual OSC Readiness Training Program www.oscreadiness.org 20 EPA Regional Offices Seattle New Boston York Denver Chicago San Philadelphia Francisco Kansas City Atlanta Dallas 15th Annual OSC Readiness Training Program www.oscreadiness.org 21 Corporate Icon # 2 15th Annual OSC Readiness Training Program www.oscreadiness.org 22 Law / Rule – Making 101 or “ If ‘progress’ is moving forward, what does ‘congress’ mean? 15th Annual OSC Readiness Training Program www.oscreadiness.org 15th Annual OSC Readiness Training Program www.oscreadiness.org24 24 Cumulative Growth in Federal Environmental Laws 140 120 100 80 60 40 20 0 15th Annual OSC Readiness Training Program www.oscreadiness.org25 25 Corporate Icon # 3 15th Annual OSC Readiness Training Program www.oscreadiness.org 26 National Environmental Policy Act (NEPA) “Tell us what you’re going to do before you do it” Or “You are a Product of Your Environment” 15th Annual OSC Readiness Training Program www.oscreadiness.org National Environmental Policy Act (NEPA) Introduction • The basic purposes of NEPA: • declare national policy to encourage productive and enjoyable harmony between man and environment; • promote efforts which prevent or eliminate damage to environment and stimulate health and welfare of man; • enrich understanding of ecological systems and natural resources; and establish Council on Environmental Quality 15th Annual OSC Readiness Training Program www.oscreadiness.org28 28 National Environmental Policy Act and Amendments (42 U.S.C. 4321-4347) Year Act Public Law Number 1970 National Environmental Policy Act P.L. 91-190 1971 Clean Air Act Amendments of 1970 (§ 309) P.L. 91-604 [Did not amend NEPA, but specified EPA responsibilities in the NEPA process] 1975 Authorizations — Office of Environmental P.L. 94-52 Quality 1975 National Environmental Policy Act P.L. 94-83 [Administrative Delegation to State] Amendment 15th Annual OSC Readiness Training Program www.oscreadiness.org 29 NEPA • Act does not require agencies to make environmental concerns highest priority • Requires agency consider project’s environmental consequences • If adverse effects adequately identified and evaluated, agency can determine other benefits outweigh environmental costs. 15th Annual OSC Readiness Training Program www.oscreadiness.org 30 NEPA • Directs federal agencies to incorporate environmental considerations in planning and decision-making • Requires all federal agencies to prepare detailed statement of the environmental impact of and alternatives to major federal actions • Detailed statement referred to as
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