Air Quality, Transportation & Energy

Class #2

Homework:  Homework #1 due.

Class #2 Slide Show

Introduction to environmental law; discussion of statutes; regulations and court decisions; federal, state, and tribal relationships

1. Announcements:

• Homework #1 due before begin Class #2. If not, stop and complete/submit Homework #1 to Professors Auberle and Jeffery.
• Others?

2. Current Events

3. Overview of Environmental Law (According to BJ)

A. Examples of Environmental Law:

Which are examples of Environmental Law?

B. What is the purpose of Environmental Law?

Which is the purpose of Environmental Law?

C. What is the purpose of Law?

• Pad Cam: Lady Justice Justice?
• Pad Cam: Scales of Justice Adversary System and Scales of Justice

-OJ Simpson and getting to the truth

• First year law school: Law is not about Justice. Not about "the good, the True and the Beautiful."
• Law is a tool that can be used by any person to move toward his/her goal.

D. What is the purpose of Environmental Law?

• No single purpose. If think about Environmental Law as something designed to protect environment, will find confusing.
• As with all other law, environmental law is a tool. It results from compromise in the political process that makes our laws.
• Federal: Congress is House and Senate, members elected, more or less responsive to voters, lobbyists, and other special interest groups (industry, enviros, public interest groups, etc.) Courts. Administrative agencies like EPA. Ditto state and local.

E. What then is "Environmental Law"?

All of these can be "Environmental Law"

CAA, CWA, RCRA

Civil Rights Act of 1964: Lawsuit challenging LA spending on rail system based on Act alleged transit district discriminated against urban poor by spending more on rail system used by white, affluent suburbanites than on inner city bus system used by poor minorities. Result shifted spending. Impacts land use, transportation, air pollution.

What is Environmental law? Any law that influences decision or action that has impact on environment.

Eg. Air Pollution: Law limiting emissions from AZ copper smelters.

• Law protecting right of industrial plant near your home to continue dumping tons of tons of waste into nearby lake or river.
  
• Tax credit for pollution control device
  
• Mining laws that give valuable public land to mining company for free or almost for free so can locate mine there.

These and other laws will be discussion result from compromise in political process of legislature at federal, state and local level. Further shaped by government agencies that adopt regulations spelling out more details of requirements and prohibitions. Courts add more specificity through individual court cases decided one at a time by judges, applying own interpretation of law to specific facts in case before him or, w/ slowly increasing frequency, her.

G. Civics: Three branches of federal government:

Legislative: Congress. Makes laws. Also called statutes. Clean Air Act.

Executive: President. Federal Agencies. Implements laws. EPA implements CAA. Also make environmental law, most notably through regulations that implement statutes passed by Congress. Proposed regulations published in Federal Register (each working day) for public comment. Final promulgation, again in Federal Register. Eventually published in Code of Federal Regulations.

Pad Cam: Draw Triangle Statutes/regulations/guidance

Judicial: Courts. Federal three levels (plus miscellaneous special purpose courts). District Courts. Courts of Appeals. Supreme Court. Apply law (statutes, regulations, rules from prior court cases) to specific facts of case before them to reach decision.

Layers of Government.

Federal

State government: Basically the same. Legislature. Executive. Judicial.

Local governments subdivisions of states. City of Flagstaff. Coconino County. Similar. City Council: Ordinances like Land Development Code. Regulations like for street design.

Tribal government: Special situation because of tribal sovereignty. Subject to federal requirements, but not state. As will see, for many purposes federal government treats as state. Also own statutes, regulations, courts, etc.

H. Slide #9: Common Law:

Read London by _____________. 12^th century, King Richard the Lion Hearted and Magna Carta. Even before, courts in England developing what called "Common Law". Court made law. Example:

PIG PICTURE

Draw 1. House 2. Pig Farm

1 to court. Offended that pig farm next door. Court: common law says generally can use land any way see fit. No relief.

Different 1 to court. Odor so can’t eat, can’t sleep, can’t live in house. D says first case says generally can use land any way see fit. P says not fair. Different from that case. Odor so can’t eat etc. Court adds to rule saying while generally can use land any way see fit, cannot use own property in way that obstructs or injures neighbor’s use his/her property. Need to clean up pig farm so not interfere with 1’s use and enjoyment of property.

COMMON LAW:

Law made by judges when no statute. Use rules from previous decisions by this or other judges. Three rules that particularly important for early environmental law, and still today.

Nuisance:

Pig Farm example. Today, also zoning (OK), laws and regulations about odor control (OK). Still may be nuisance. What if pig farm there first? Many courts will recognize defense of "coming to the nuisance" and deny remedy.

Trespass:

Not just you sneaking onto someone else’s property. Causing or permitting something to cross property boundary. Throwing something, discharging water or chemicals, or for air pollution soot or other particles. Dumping on purpose. Accidentally. Unknowingly.

Negligence:

Example, employees not properly trained in operation of emission controls, system fails, causes property damage or injures health.

Someone as plaintiff, goes to court to get court to enforce common law. Remedy: Money damages or injunction.

That was environmental law for hundreds and hundreds of years. English common law principles brought to America by colonists. Adopted by U.S. Eventually, realized more needed. Legislature specific laws dealing with environmental issues – air, water, waste. First primarily local. Mid to 20^th century increasingly federal, particularly the late 60s and the 70s. Begin to explore next week.

Remember:

Homework #2 due before begin next lecture. Details available through home page; submit to Professors Auberle and Jeffery.

Current events any time.

Should be selecting research topic and working on outline. Outlines due before Class #4 and completed paper due before final. More details available through home page. Questions about appropriate topic -- Contact Professors Auberle and Jeffery.

See you next week.

ENV 410A - Lectures

ENV410 - Environmental Regulations
Last Updated:  12/16/98