This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.
This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.
Russellyn S. Carruth, JD, has developed and taught courses on environmental law to both law and public health students at the New Jersey Graduate Program of Public Health and at the University of Pittsburgh. Previously, she was in private law practice in Anchorage Alaska. Bernard D. Goldstein, MD, is professor emeritus of Environmental and Occupational Health and former dean of the Graduate School of Public Health, University of Pittsburgh. He served as assistant administrator of the EPA and was the founding director of the Environmental and Occupational Health Sciences Institute of Rutgers University.
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List of Text Boxes, Figures, and Tables ix Preface xiii The Authors xvii Chapter 1 Overview of the US Legal System 1 The Structure of American Government 2 Separation of Powers: Federal and State 3 Sources of American Law 9 Chapter 2 Transparency and Accountability in the Executive Branch: Judicial Review and the National Environmental Policy Act (NEPA) 23 Judicial Review 24 National Environmental Policy Act (NEPA) 29 Chapter 3 Clean Air Act (CAA) 41 Background 42 Introduction to the Clean Air Act 43 National Ambient Air Quality Standards (NAAQS) 44 Regulating Emissions 48 Hazardous Air Pollutants (HAPs) 58 Enforcement 65 Mobile Source Controls 66 Acid Rain Program 68 Cross-Border Air Pollution 71 Greenhouse Gases 72 Chapter 4 Clean Water Act (CWA) 77 Scope and Basics 79 National Pollutant Discharge Elimination System (NPDES) 81 Technology-Based Effluent Standards 83 Beyond Technology-Based Standards: Water Quality Safety Net 90 Enforcement 92 Pretreatment Program for Indirect Dischargers 96 Discharges of Fill and Dredged Materials 98 Chapter 5 Safe DrinkingWater Act (SDWA) 107 Who Is Regulated: Public Water Systems 109 What Contaminants Are Regulated? 110 National Drinking Water Regulations 112 Keeping Consumers Informed 116 A Closer Look at Public Water Systems 117 Source Water 120 Enforcement 124 Chapter 6 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund Act") 131 Overview and Definitions 133 Reporting Releases of Hazardous Substances 136 Responding to a Release of Hazardous Substances 136 Agency for Toxic Substances and Disease Registry 142 The Superfund 145 Liability 146 Brownfields 152 Chapter 7 Resource Conservation and Recovery Act (RCRA) 157 What Is a Hazardous Waste? 159 Cradle-to-Grave Regulation 163 Waste Minimization 172 Enforcement 172 Underground Storage Tanks 173 Chapter 8 Oil Pollution Act (OPA) 179 Overview 180 Spill Prevention 181 Spill Response 182 Liability and Penalties 186 Oil Spill Liability Trust Fund 189 Chapter 9 Emergency Planning and Community Right-to-Know Act (EPCRA) 193 Overview 194 Emergency Planning Provisions 196 Data Reporting 197 Toxic Release Inventory 198 Chapter 10 Occupational Safety and Health Act (OSH Act) 203 Background 205 What Are Employers' Duties? 208 Health Standards 209 Setting Health Standards: Consensus, Permanent, Emergency Temporary 210 Hazard Communication Standard (HCS) 214 Records and Reporting 218 Monitoring and Enforcement 219 Chapter 11 Toxic Substances Control Act (TSCA) 225 Scope and Implementation 226 New Chemicals Program 228 Existing Chemicals 233 Significant New Use 235 Chapter 12 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 241 Background 242 Pesticide Registration Program 245 Removing Pesticides from the Market 250 Regulation of Pesticide Use 253 Nearly Exclusive Federal Control 255 Chapter 13 Food, Drug, and Cosmetic Act (FDCA) 261 Purpose and Programs 262 Foods 263 Drugs and Medical Devices 266 Dietary Supplements 271 Tobacco 275 Chapter 14 Common Law: Toxic Torts 285 Tort Law: An Overview 286 Toxic Torts 293 Causes of Action 293 Causation Problems in Toxic Tort Litigation 301 Scientific Evidence 303 Scientific Evidence in the Courtroom 307 Mass Litigation 309 Pushing the Envelope 310 Glossary 315 Acronyms 331 Resources and Additional Reading 335 Index 339
List of Text Boxes, Figures, and Tables ix Preface xiii The Authors xvii Chapter 1 Overview of the US Legal System 1 The Structure of American Government 2 Separation of Powers: Federal and State 3 Sources of American Law 9 Chapter 2 Transparency and Accountability in the Executive Branch: Judicial Review and the National Environmental Policy Act (NEPA) 23 Judicial Review 24 National Environmental Policy Act (NEPA) 29 Chapter 3 Clean Air Act (CAA) 41 Background 42 Introduction to the Clean Air Act 43 National Ambient Air Quality Standards (NAAQS) 44 Regulating Emissions 48 Hazardous Air Pollutants (HAPs) 58 Enforcement 65 Mobile Source Controls 66 Acid Rain Program 68 Cross-Border Air Pollution 71 Greenhouse Gases 72 Chapter 4 Clean Water Act (CWA) 77 Scope and Basics 79 National Pollutant Discharge Elimination System (NPDES) 81 Technology-Based Effluent Standards 83 Beyond Technology-Based Standards: Water Quality Safety Net 90 Enforcement 92 Pretreatment Program for Indirect Dischargers 96 Discharges of Fill and Dredged Materials 98 Chapter 5 Safe DrinkingWater Act (SDWA) 107 Who Is Regulated: Public Water Systems 109 What Contaminants Are Regulated? 110 National Drinking Water Regulations 112 Keeping Consumers Informed 116 A Closer Look at Public Water Systems 117 Source Water 120 Enforcement 124 Chapter 6 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund Act") 131 Overview and Definitions 133 Reporting Releases of Hazardous Substances 136 Responding to a Release of Hazardous Substances 136 Agency for Toxic Substances and Disease Registry 142 The Superfund 145 Liability 146 Brownfields 152 Chapter 7 Resource Conservation and Recovery Act (RCRA) 157 What Is a Hazardous Waste? 159 Cradle-to-Grave Regulation 163 Waste Minimization 172 Enforcement 172 Underground Storage Tanks 173 Chapter 8 Oil Pollution Act (OPA) 179 Overview 180 Spill Prevention 181 Spill Response 182 Liability and Penalties 186 Oil Spill Liability Trust Fund 189 Chapter 9 Emergency Planning and Community Right-to-Know Act (EPCRA) 193 Overview 194 Emergency Planning Provisions 196 Data Reporting 197 Toxic Release Inventory 198 Chapter 10 Occupational Safety and Health Act (OSH Act) 203 Background 205 What Are Employers' Duties? 208 Health Standards 209 Setting Health Standards: Consensus, Permanent, Emergency Temporary 210 Hazard Communication Standard (HCS) 214 Records and Reporting 218 Monitoring and Enforcement 219 Chapter 11 Toxic Substances Control Act (TSCA) 225 Scope and Implementation 226 New Chemicals Program 228 Existing Chemicals 233 Significant New Use 235 Chapter 12 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 241 Background 242 Pesticide Registration Program 245 Removing Pesticides from the Market 250 Regulation of Pesticide Use 253 Nearly Exclusive Federal Control 255 Chapter 13 Food, Drug, and Cosmetic Act (FDCA) 261 Purpose and Programs 262 Foods 263 Drugs and Medical Devices 266 Dietary Supplements 271 Tobacco 275 Chapter 14 Common Law: Toxic Torts 285 Tort Law: An Overview 286 Toxic Torts 293 Causes of Action 293 Causation Problems in Toxic Tort Litigation 301 Scientific Evidence 303 Scientific Evidence in the Courtroom 307 Mass Litigation 309 Pushing the Envelope 310 Glossary 315 Acronyms 331 Resources and Additional Reading 335 Index 339
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