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ACC205: Environmental Law Notes

by: Madeline Cairns

ACC205: Environmental Law Notes ACC 205

Marketplace > Northern Arizona University > ACCOUNTING (ACC) > ACC 205 > ACC205 Environmental Law Notes
Madeline Cairns
GPA 3.4

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About this Document

These notes discuss the ethics, organizations and laws that make up Environmental Law.
Introduction To Business Law
Amy Criddle
Class Notes
Environmental Ethics, Law
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This 2 page Class Notes was uploaded by Madeline Cairns on Wednesday September 28, 2016. The Class Notes belongs to ACC 205 at Northern Arizona University taught by Amy Criddle in Fall 2016. Since its upload, it has received 7 views. For similar materials see Introduction To Business Law in ACCOUNTING (ACC) at Northern Arizona University.


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Date Created: 09/28/16
ACC205: 09/15/2016 Environmental Law • Regulation—Sources of Environmental Law o Why is regulation important? o Primarily consists of statues passed by federal, state, or local governments and regulations issued by administrative agencies. o Enforcement and implementation of these laws will be carried out by ALL levels of government • Environmental Regulatory Agencies o Environmental Protection Agency (1970) § This agency can be compelled to act by a private organization and can also be prevented from acting § Agency responsible for the enforcement of environmental laws • Environmental Law o Environmental Impact Statement: § Required for every major federal action that significantly impacts the environment; NOT required for action by and on private land o EIS MYST analyze § The environmental impact the action will have § Any adverse effects on the environment and alternative actions that might be taken § Irreversible effects the action might generate o Air Pollution § Federal government has been regulation air pollution since the 1950s § 1963: Congress passed the Clean Air Act • Focuses on regulating pollution from mobile sources and stationary sources • Regulations of mobile sources of pollution come with timelines • EPA attempts to update pollution control standards as new scientific information becomes available • Requires all “major sources” of pollutants to use pollution control equipment • Rather than establishing specific emission standards for EACH hazardous air pollutant, the Clean Air ACT requires the use of MACT—Maximum Achievable Control Technology to reduce emissions § Violations subject to severe civil penalties; intentional violations face criminal penalties and imprisonment § EPA issues guideline as to what equipment meets these standards § If company does not use this tech = violation o Water Pollution: § Primary sources: industrial, municipal and agricultural wastes and runoff § 1899 Harbors Appropriations Act § Clean Water Act of 1972 • Waters safe for swimming • Protects fish and wildlife • Eliminates the discharge of pollutants into the water • Protects wetlands § Serious criminal and civil penalties for violations § The Safe Drinking Water Act: Requires EPA to set max levels for pollutants in public water systems. • Each supplier of drinking water must send out to every household that it supplies water to—an annual statement describing the source of its water and the levels of any contaminants and/or any possible health concerns § Ocean Dumping Act § Oil Pollution Act o Hazardous Waste Disposal § Some sources of industrial, agricultural and household wastes pose substantial danger to human health and environment § 1976 Resource Conservation and Recovery Act • Defines what solid waste is hazardous • Requires all produces of hazardous waste to label and package properly and hazardous waste to be transported o 1980 Superfund/ CERCLA § Regulates the clean-up of hazardous waste disposal sites § Four Primary Elements: • Identifies chemical dump sites • Responds and arranges for clean-up (if responsible party wont do it) • Creates a trust fund to pay for cleanup • Allows government to recover costs (SUE) o Who Can be Held Responsible? § Liability: The PRP (Potentially Responsible Party) • Person generated the waste • Person who transported the waste • Person who owned or operated the site at the time of disposal • Current owner/operator § Liability: joint and several, i.e. a person who is only partial responsible can be liable for all of the clean up


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