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Environmental Law

by: Ms. Odie Schowalter

Environmental Law POS 3697

Ms. Odie Schowalter
GPA 3.71

David Keys

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David Keys
Class Notes
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This 1 page Class Notes was uploaded by Ms. Odie Schowalter on Wednesday September 23, 2015. The Class Notes belongs to POS 3697 at University of South Florida taught by David Keys in Fall. Since its upload, it has received 50 views. For similar materials see /class/212643/pos-3697-university-of-south-florida in Political Science at University of South Florida.


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Date Created: 09/23/15
POS 3697 Fall 2011 Prof David Keys September 1 2011 Environmental Law De nitions 1 1 Common lawiall the statutory and case law background of England and the American colonies before the American Revolution Environmental liability often re ects commonlaw distinctions between civil and criminal liability and in the civil context between strict liability negligence and intentional conduct Congress often enacts statutes to change commonlaw CERCLA and RCRA were enacted because commonlaw nuisance was inadequate for preventing hazardous waste contamination 2 NuisanceiCommonlaw precursor to environmental statutes Unreasonable interference with one s use of one s property because someone else is trying to get rid of noxious by products or other waste England 1498 The Prior of Southwark s case A lime pit used for curing calf skins polluted a stream that others used for their water source 3 TortiWrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction 4 CertiorariiA writ order of commonlaw origin issued by a superior court to and inferior court The Supreme Court of the United States uses the writ of certiorari as a discretionary device to choose the cases it wishes to hear The writ is granted if four of the justices want it to be heard 5 Clean Air Act CAA technology standards terminology BAT Best Available Technology NSPS New Source Performance Standards PSD Prevention of Significant Deterioration MACT Maximum Achievable Control Technology RACT Reasonably Available Control Technology LAER Lowest Achievable Emissions Reduction


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