A Citizen's Guide to Using Federal Environmental Laws to Secure
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THE POLLUTER PAYS PRINCIPLE and the REMEDIATION of LAND Emma Lees* Keywords: Contamination, Environmental Liability, Polluter Pa
THE POLLUTER PAYS PRINCIPLE AND THE REMEDIATION OF LAND Emma Lees* Keywords: contamination, environmental liability, polluter pays principle Abstract The Environmental Liability Directive attempts to provide a harmonising framework for liability for environmental damage within the European Union on the basis of the polluter pays principle. This article considers legislation in place in the Member States which sit alongside provisions based on the ELD. It shows that such regimes rely on different models for liability, which require, in turn, fundamentally different understandings as to how the polluter pays principle can work as a principle of liability. It considers provisions in place in Denmark, the United Kingdom, the Walloon Region, the Netherlands, and Germany. The differences between these systems are not differences of degree, nor are they mere technicalities, rather they represent a significant challenge not only to the goals of the ELD, but to the principles underpinning it. By undertaking a comparative analysis of these systems, it becomes clear not only that the ELD sits uncomfortably with these “parallel” provisions, but also that this discomfort is not only one of overlapping and complex legislative provisions, but rather one of underlying justification for liability. ‘The purpose of the Environmental Liability Directive (“ELD”) is to establish a framework of environmental liability, based on the ‘polluter-pays’ principle, to prevent and remedy environmental damage’ (European Commission, 2006, p. 1; A. Waite, 2006, p. 67). This goal is threatened by the variation in Member State liability for remediation of land which sits alongside the ELD in the Member States. When the legislation in Member States relating to contaminated land is examined, it becomes clear that the Member States prefer to extend liability beyond the liability of the polluter. -
RESPONSE to ENVIRONMENTAL CONCERNS PERTAINING to the HOUGHTON TRANSFER STATION and HOUGHTON CLOSED LANDFILL KING COUNTY SOLID WASTE DIVISION July 2021
RESPONSE TO ENVIRONMENTAL CONCERNS PERTAINING TO THE HOUGHTON TRANSFER STATION AND HOUGHTON CLOSED LANDFILL KING COUNTY SOLID WASTE DIVISION July 2021 1. Concern: The Houghton Closed Landfill and Houghton Transfer Station are “Superfund sites.” Response: Neither site is designated as a Superfund site. A May 14, 2021 email from Calvin J. Terada, Director of the Superfund and Emergency Management Division of the U.S. Environmental Protection Agency – Region 10 to Christie True, Director of the King County Natural Resources and Parks Department, confirmed that neither facility is a Superfund site: From: Terada, Calvin Sent: Friday, May 14, 2021 8:44 AM To: True, Christie Cc: Opalski, Dan Subject: RE: ECHO report for Houghton Transfer Station Ms. True, My name is Calvin Terada and I am the Director of the Superfund and Emergency Management Division and Dan’s colleague at EPA Region 10 in the Seattle Regional Office. Dan forwarded me your message and asked me to see if there is anything that I can do to assist you with you with your research effort. After receiving the forwarded message, I checked EPA’s publicly available database called Superfund Enterprise Management System (SEMS) in Envirofacts https://enviro.epa.gov/ and also asked our data coordinator to confirm my findings. As you have requested, we can confirm that the below site is not a site on EPA’s National Priorities List (NPL), aka Superfund site. We also could not find any information related to the Houghton Landfill and so we can assume that this site is also not on the NPL. We did find information about an EPA action that took place at the site and listed the below information for your reference. -
Water-Quality Standards, Maximum Loads, and the Clean Water Act: the Eedn for Judicial Enforcement Lawrence S
Hastings Law Journal Volume 34 | Issue 5 Article 9 5-1983 Water-Quality Standards, Maximum Loads, and the Clean Water Act: The eedN for Judicial Enforcement Lawrence S. Bazel Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Lawrence S. Bazel, Water-Quality Standards, Maximum Loads, and the Clean Water Act: The Need for Judicial Enforcement, 34 Hastings L.J. 1245 (1983). Available at: https://repository.uchastings.edu/hastings_law_journal/vol34/iss5/9 This Comment is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Comments Water-Quality Standards, Maximum Loads, and the Clean Water Act: The Need for Judicial Enforcement In 1972, Congress replaced the existing Federal Water Pollution Control Act with what has become known as the Clean Water Act.' a complicated 2 and ambitious program in- The new Act established 3 tended to eliminate water pollution. Congress incorporated two methods of pollution control into the Act. The first regulates wastewater discharges; it requires all point sources,4 which are primarily industries and municipalities, to use the "best practicable" and "best available" technologies for treating waste- water.5 The second method regulates the cleanliness of the nation's waters. Simply described, it requires federal and state pollution-con- trol agencies to find pollution problems and solve them. To find problems, the agencies must divide the nation's waters into segments, set water-quality standards (WQS) for each segment, and discover which segments are violating their WQS. -
National Historic Preservation Act Section 106 Review Under the Comprehensive Environmental Response, Compensation, and Liability Act
National Historic Preservation Act Section 106 Review Under the Comprehensive Environmental Response, Compensation, and Liability Act Earl Liverman, US EPA R10 On-Scene Coordinator (Ret.) 1-1 Overview ♦ Course provides participants with an overview of the National Historic Preservation Act (NHPA) and Section 106 requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ♦ Topics covered: o Overview of the NHPA o NHPA under CERCLA o Pre-Incident Planning and Emergency Response Under Section 106 o Comparison of Key Elements of the Section 106 Process under NHPA and CERCLA o Section 106 Process: Case Studies Under CERCLA o Summary: Compliance with Section 106 Under CERCLA 1-2 I. Overview of the National Historic Preservation Act 1-3 National Historic Preservation Act ♦ Environmental review process initiated with passage of the 1966 National Historic Preservation Act (NHPA), as amended (P.L. 89-665; 80 Stat. 915; 16 U.S.C. 470) ♦ Section 106 requires federal agencies to: » Take into account effects of undertakings on historic properties » Provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment » Consult with State Historic Preservation and Tribal Historic Preservation Offices, Indian tribes, and Native Hawaiian Organizations 1-4 Overview of the Section 106 Review Process NHPA applies to your project if your project constitutes an undertaking and will have a potential effect on a property that is eligible for or included in the National Register of Historic Places Initiation of Section 106 Process 36 CFR § 800.3 Identification of Historic Properties 36 CFR § 800.4 Assessment of Adverse Effects 36 CFR § 800.5 Resolution of Adverse Effects 36 CFR § 800.6 1-5 Responsibility for Compliance with Section 106 ♦ Responsibility for Section 106 compliance lies with the federal agency funding the project or action [36 C.F.R. -
Enforcing Environmental Standards Under State Law: the Louisiana Environmental Quality Act Kenneth M
Louisiana Law Review Volume 57 | Number 2 Winter 1997 Enforcing Environmental Standards Under State Law: The Louisiana Environmental Quality Act Kenneth M. Murchison Repository Citation Kenneth M. Murchison, Enforcing Environmental Standards Under State Law: The Louisiana Environmental Quality Act, 57 La. L. Rev. (1997) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol57/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Enforcing Environmental Standards Under State Law: The Louisiana Environmental Quality Act Kenneth M.Murchison" In the United States, analysis of environmental law tends to concentrate on federal law. The focus is understandable given the primacy of federal law in the field and the diversity of state environmental statutes. Nonetheless, the focus is unfortunate with respect to enforcement issues. Major federal statutes envision that states will assume primary responsibility for routine enforcement, subject always to the oversight of the federal Environmental Protection Agency (EPA).' Understanding state law relating to enforcement is, therefore, an essential step for evaluating the effectiveness of pollution control legislation in the United States. This Article analyzes the statutory provisions for enforcing environmental standards in Louisiana. After a brief overview of the state's constitutional protection for the environment and the Louisiana Environmental Quality Act,' the Article describes the methods the Act provides for detecting violations; analyzes the statute's provisions for administrative sanctions and emergency orders, civil actions initiated by the government, criminal prosecutions, and enforcement by private parties; and compares the state provisions to analogous provisions of federal law. -
Environmental Regulations Handbook for Small Communities
Everything You Wanted to Know About Environmental Regulations And Related Programs…. But Were Afraid to Ask! A Guide for EPA Region 8 Small Communities 2010 Revised Edition Preface This handbook was prepared by Region 8 Environmental Protection Agency (EPA) with small units of local government (communities) in mind. The handbook was prepared for use by officials of such communities as a quick reference to information on environmental regulations, related programs and associated issues facing their constituencies. Information presented in this handbook is meant only as a summary of basic environmental requirements and/or EPA guidance. It is not intended to serve as a definitive statement of the specific ways in which a community can ensure environmental compliance. Rather, it is a quick guide to the environmental regulatory and associated programs that typically apply to most small communities. The requirements and guidance described in this handbook are based on federal regulations and/or guidance documents in place in the fall of 2010. It should be expected that some of these requirements and associated guidance documents will change in the future. In addition to the federal requirements described here, states and Indian tribes can adopt rules that may be different and, in some cases, more stringent than the federal rules. Be sure to ask for and read the rules from the appropriate agency in your area. This handbook is intended only as a reference source. The statutory provisions and regulations described in this document contain legally binding requirement but this document does not itself create any legal rights, benefits, or obligations. EPA may deviate from any approach described in this document in a given case if consistent with legal requirements. -
This Is Superfund
This is Superfund A Community Guide to EPA’s Superfund Program IF THERE IS A SUPERFUND SITE in your neighborhood, you are probably wondering, “what will happen?” and, “what can I do?” This brochure will give you a better understanding of the Superfund process and ways you and your community can be involved, including important topics such as: ► What is Superfund? ► Discovering Superfund Sites ► Taking Action to Clean Up Polluted Sites ► Responsibility for Superfund Site Cleanup ► Getting Involved: You and Your Community ► The Superfund Process ► Making each Superfund Cleanup “Greener” ► Maintaining the Site Cleanup Over the LongTerm ► Deleting a Site from the National Priorities List Valley of the Drums, KY 1979 Love Canal, NY 1978 2 What is Superfund? For a variety of reasons, hazardous commercial and industrial wastes have been mismanaged and may pose unacceptable risks to human health and the environment. This waste was dumped on the ground or in waterways, left out in the open, or otherwise improperly managed. As a result, thousands of hazardous waste sites were created throughout the United States. These hazardous waste sites commonly include manufacturing facilities, processing plants, landfills and mining sites. In 1980, Congress established the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, in response to growing concerns over the health and environmental risks posed by hazardous waste sites. This law was enacted in the wake of the discovery of toxic waste dumps such as Love Canal and Valley of the Drums in the 1970s. CERCLA is informally called Superfund. The Superfund program is administered by EPA in cooperation with state and tribal governments. -
Egan, Michael. "Subaltern Environmentalism in the United States: a Historiographic Review." Environment and History 8, No
The White Horse Press Full citation: Egan, Michael. "Subaltern Environmentalism in the United States: A Historiographic Review." Environment and History 8, no. 1 (February 2002): 21–41. http://www.environmentandsociety.org/node/3107. Rights: All rights reserved. © The White Horse Press 2002. Except for the quotation of short passages for the purpose of criticism or review, no part of this article may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, including photocopying or recording, or in any information storage or retrieval system, without permission from the publishers. For further information please see http://www.whpress.co.uk. Subaltern Environmentalism in the United States: A Historiographic Review MICHAEL EGAN1 Department of History Washington State University Pullman WA 99164-4030, USA Email: [email protected] ABSTRACT When a group of people is faced with both social and environmental subordina- tion, they are the victims of environmental injustice. This subordination is manifest in the disproportionate siting of environmental hazards in poor or minority communities and also in the inequitable distribution of ecological resources, both of which perpetuate the marginalisation of subaltern groups. At the heart of the environmental justice movement is a fight for the empowerment of subaltern groups, heretofore excluded from environmental decision-making. In recognising that the environmental health of their living spaces and families is critical to exacting any kind of improvement of their socioeconomic condi- tions, subaltern groups have added a dynamic new dimension to their social struggles. This counter-hegemonic struggle for ecological democracy is one of the fastest growing social movements in contemporary society, and requires the attention of environmental historians to situate it within the broader context of the history of environmentalism. -
Superfund: It's Time for Repeal After a Decade of Failure
UCLA UCLA Journal of Environmental Law and Policy Title Superfund: It's Time for Repeal after a Decade of Failure Permalink https://escholarship.org/uc/item/8jg867n2 Journal UCLA Journal of Environmental Law and Policy, 12(1) Author McGee, Robert W. Publication Date 1993 DOI 10.5070/L5121018815 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Superfund: It's Time for Repeal After a Decade of Failure Robert W. McGee* I. INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA),1 also known as Superfund, was passed more than a decade ago.2 After that much time, there is more than enough evidence to evaluate whether Superfund has been effective in achieving its purpose: cleaning the environment.3 The evidence suggests that Superfund not only did not accomplish its task but it also might have made things worse in a number of ways. This Essay, in part II, enumer- ates the problems associated with Superfund. Part III argues that Superfund is beyond repair and should be repealed - the sooner the better. It then continues by suggesting what should replace Superfund. * Robert W. McGee is a professor at the W. Paul Stillman School of Business, Seton Hall University in South Orange, New Jersey. He has authored more than 300 articles and reviews and has written or edited more than 30 books and monographs. The author would like to thank Joseph Wu and Vivian Lugo for their research assistance. 1. Pub. L. No. 96-510, 94 Stat. 2767 (1980) (codified at 42 U.S.C. -
Hello APES Students, I Look Forward to Meeting You All in September!! In
Hello APES students, I look forward to meeting you all in September!! In the meantime, I have put together a few things for you to help you prepare for our class and most of all, to get you out into the environment and explore. Your summer work will make up your first project grade and quiz grade for the semester and will be due on the first Friday of school (even if we don’t have class)! Feel free to email me with any questions at [email protected] Mrs. Mullane Assessment: (25 points) On the second day of class (Thursday or Friday) we are back at school, there will be a quiz covering part 2, environmental Laws. Part I: Ecology Field Journal (50 points) In a composition notebook (you will use this for notes throughout the year) complete 10 journal entries. Each entry must follow the format below and you must include the following topics: Each of the 10 entries must (have): Fill at least one page of your notebook All information and pictures should be at least 1 inch away from the edge of the paper A minimum of one paragraph (5 sentence) description of what you observed One hand drawn and colored picture of what you observed, drawn on unlined paper and glued into the notebook I am not the best artist so I usually need to make notes on my pictures to make it more clear Quantitative data recorded: Date Time Location Name of topic covered (use descriptions from below) Weather (temp/ cloud cover/ precipitation) Length or relative size of drawing Topics to Cover: Humans interacting with nature (3 entries) Naturally occurring abiotic (non-living) object (2 entries) Producer (2 entries) Consumer (3 entries) non-human Part II: Laws (31 points) Review the information provided about some major environmental laws. -
Environmental Quality in Connecticut
37929Q2_cvr 5/19/05 2:39 PM Page OBC1 Environmental Quality in Connecticut Council on Environmental Quality 79 Elm Street, Hartford, CT 06106 Council on Environmental Quality 2004 Annual Report WWW.CT.GOV/CEQ 37929Q2_cvr 5/19/05 2:39 PM Page IFC1 STATE OF CONNECTICUT COUNCIL ON ENVIRONMENTAL QUALITY Acknowledgments The Council appreciates the work of its Executive Director, Karl Wagener, in drafting this report for review May 16, 2005 by the Council and preparing the final version for publication, and notes the valuable contributions of intern The Honorable M. Jodi Rell Hilary Peak (Wilson College). The Council also Governor of Connecticut appreciates the assistance of the many people in the State Capitol Departments of Environmental Protection, Agriculture, Hartford, CT 06106 Transportation, and Public Health who provided data. The Council especially thanks the many citizens, businesses, Dear Governor Rell: and organizations who offered information and viewpoints to the Council throughout the year. I am pleased to submit the Council’s Annual Report on the status of Connecticut’s environment for 2004. The good news is that during 2004 Connecticut saw measurable improvements in the shellfish beds of Long Island Sound, air pollution levels, and coastal habitat for the rare piping plover and other species. Unfortunately, certain other indicators, especially those that could predict future conditions, are either static or, in a few cases, declining. To reach these conclusions the Council uses a set of environmental indicators that Memo to Readers: we established several years ago to provide an unbiased measure of progress. We are confident that this report presents a reliable and comprehensive overview of We would like to hear from you.Does this report give you Connecticut’s progress in managing its air, water, land and wildlife. -
Despite New Attacks, Citizen Suits Are Constitutional by William Droze and Viktoriia De Las Casas
Despite New Attacks, Citizen Suits Are Constitutional By William Droze and Viktoriia De Las Casas A recent amicus curiae filing in a high-profile Michigan Clean Air Act case targets an important aspect of environmental law — citizen suit provisions — and whether they run afoul of constitutional principles. In U.S. v. DTE Energy et al.,[1] a Michigan district court is considering arguments of two law professors who question whether citizen suits invade executive powers. The July 30 amicus curiae brief alleges that citizen suit provisions violate the vesting and appointments clauses of Article II of the U.S. Constitution, and raise important separation of powers issues. Because all executive power, including power to enforce laws, is vested in the president under Article II, so the argument goes, private citizens or citizen groups cannot enforce laws by filing citizen suits. William Droze Despite the relative novelty of the argument as framed, district courts have uniformly held that such provisions are constitutional, and a concurring opinion in the U.S. Supreme Court foreshadowed skepticism over disallowing private enforcement of public duties. The case stems from a 2010 filing by the federal government against energy companies for alleged violations of the Clean Air Act at their facilities. A well-known citizen environmental group, the Sierra Club, has intervened in the case under the CAA's citizen suit provision, Title 42 of the U.S. Code, Section 7604. The court has approved the consent decree. Most recently, some parties negotiated a separate agreement as a Viktoriia De Las Casas condition of the Sierra Club's release of claims.