Bài giảng Business Law - Chapter 52: Environmental Regulation

Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin11Administrative LawThe Federal Trade Commission Act and Consumer Protection LawsAntitrust: The Sherman ActThe Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and ImmunitiesEmployment LawEnvironmental RegulationRegulation of BusinessPARTEnvironmental RegulationPAETRHC52Every human has a fundamental right to an environment of quality that permits a life of dignity and well-being. United Nations Conference on the Human EnvironmentLearning ObjectivesExplain when an environmental impact statement must be prepared and the information it must includeDiscuss major provisions of the: Clean Air Act, Clean Water Act, and hazardous waste lawsDescribe the impact global climate change may have on businessAgency EnforcementEnvironmental Protection Agency, Dept. of Justice (DOJ), and Occupational Safety & Health Admin. (OSHA) work together to implement & enforce lawAgencies issue regulations pursuant to Administrative Procedure Act to support and implement federal lawsDefinition of PollutionThe EPA defines pollution as any substance in the environment that endangers human welfareToxic substances in pollutants linked to:CarcinogenesisMutagenesisTeratogenesisBehavior disordersBald eagle faced extinction due to mutagenic effect of DDTState & Tribal RegulationStates and Tribes may enact laws to regulate the environment within their jurisdictionState laws implemented by state agenciesState law may not conflict with federal lawMuscogee Nation Tribal Police OfficerNational Environmental Policy ActNEPA does not deal with pollution controlApplies only to government agencies when actions are planned and subject to federal approval of permits, loan guarantees, federal loans or insurance, or other federal involvement Requires federal agencies to prepare an environmental impact statement (EIS) for major Federal actions significantly affecting quality of human environment The EISAn Environmental Impact Statement must analyze the:Impact of proposed action on the environmentAny expected adverse effects of the actionPractical and feasible alternative methodsAny irreversible effects the action might generateSee: EISs With Open Comment/Wait PeriodGoal of the Clean Air Act is to improve National Ambient Air Quality through standards (NAAQS)Focus of the law is controlling pollution from mobile sources and stationary sources by issuing permits to pollutersAct enforced by agency action and citizen suits against polluters who fail to obtain a permit or violate permit limitationsClean Air ActState environmental agencies issue permits to companies that emit pollutantsPermits specify type of pollutants allowed and amount for each typeNew sources treated more stringently than older facilitiesClean Air Act ImplementationPulp and paper mill; point source pollutionGlobal Climate ChangeClean Air Act specifically supports U.S. obligations under the Montreal Protocol, an international agreement to reduce air pollution and ozone-depleting substancesU.S. signed the Kyoto Protocol (next step after the Montreal Protocol of the Convention on Global Warming ), but has not yet ratifiedClean Water ActGoals:Ensure that navigable water is safe for drinking, fish & wildlife protection, and recreational useEliminate or limit discharge of pollutants into coastal and inland waterwaysPoint source pollutionNPDES Permit ProgramEvery industrial or municipal facility must apply for a National Pollutant Discharge Elimination System (NPDES) permit to discharge pollutants into inland waterways or oceansTotal Maximum Daily Loads (TMDLs) A state environmental agency issues NPDES permits based on state determinations about the quality of specific water bodiesViolating Water-Related LawsFederal and state environmental agencies may enforce the Clean Water Act and related programs with civil fines and/or criminal penalties, including prison for those who knowingly violate lawCitizens also may file suits to remediate or compensate for environmental harmWetlandsSection 404 of the Clean Water Act (CWA) protects wetlands by requiring a permit from the Army Corps of Engineers before dredged or fill material may be discharged into waters of the United StatesEndangered green pitcher plant found in some southern wetlandsLiability for Oil Spills1989 Exxon Valdez disaster prompted the Oil Pollution Prevention, Response, Liability and Compensation Act of 1990Spill-related lawsuits consolidated into Exxon Shipping Co. v. Baker, reaching U.S. Supreme Court in 2008Issues: were compensatory damages preempted by the Clean Water Act and was punitive damages award excessive as a matter of lawRuling: no preemption, but case remanded to remit the punitive damages awardLiability for Oil SpillsThe 2010 BP Deepwater Horizon oil rig explosion prompted a new look at current oil pollution and offshore drilling regulationsThe 1989 Exxon Valdez disaster still impacts the Alaskan coastOil-soaked brown pelicans and Kemp’s Ridley Sea Turtle await cleanup and rehabilitationResource Conservation and Recovery ActRCRA authorizes EPA to regulate transport, storage, monitoring, treatment, and disposal of solid and hazardous wastes Tracking from creation of waste through disposal or treatment (cradle to grave)Any person who fails to follow regulations strictly violates RCRAToxic waste, bankrupt companyCERCLAComprehensive Environmental Response, Compensation, and Liability Act authorizes EPA to ensure the clean-up and remediation of hazardous waste sitesAlso authorizes EPA to assign liability for clean-up costs to any (or all) potentially responsible party (PRP)Generators of hazardous substances, current or former owners or operators of facility, arrangers or transporters for treatment or disposal of hazardous substancesPesticide RegulationThe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates use of pest control chemicals in process of food growth through food packaging, to minimize presence in consumable foods Toxic Substances Control ActThe Toxic Substances Control Act (TSCA) requires anyone planning to sell or market chemicals to first determine effect on human health and the environmentGives EPA authority to track, investigate, or ban industrial chemicals currently produced or imported into U.S.Conservation EffortsSeveral laws, such as the Endangered Species Act, attempt to identify, list, and protect threatened or endangered speciesSee U.S. Fish & Wildlife Service webpage588 species of U.S. animals are listed and 794 species of U.S. plants are listed as of Jan. 2012The ESA provides for habitat recovery plans and species recovery plansInternational Wildlife LawThe Convention on International Trade in Endangered Species (CITES) prohibits trade in threatened and endangered species, whether animal or plants, or parts of animals or plantsIllegal wildlife parts and products confiscated by U.S. agentsEnvironmental ManagementPartly because of the regulatory web and partly as corporate social responsibility, many companies implement an EMS or environmental management system Types of EMS systems include ISO 14001, Responsible Care, and Smart WoodThought QuestionGiven technological improvements in alternative energy (wind or solar power, biofuels), does a company have a responsibility to use the best available technology?Anaerobic bioreactors for sludge digestion and methane production in Kiel, Germany