read and answer th DQ

Lesson 4 OverviewChapter 25 (Environmental Law) will make you aware of the significant risk to companies by not
complying with state and federal environmental laws and regulations.
In today’s global market place, this risk presents itself to your company in both its domestic and
international business. It is important that you seek expert technical and legal advice concerning
compliance with the environmental laws and regulations not only in the U.S. but in any country
where your company is doing business.
The Connecticut Department of Energy and Environmental Protection (DEEP) is the key state
agency enforcing and regulating Connecticut’s environmental laws concerning air, land, and
water. DEEP has with three branches: Energy, Environmental Quality, and Environmental
Conservation.
We will focus on federal law. The U.S. Environmental Protection Agency (EPA) is the federal agency
whose mission is simply stated: “To protect human health and the environment”. The EPA enforces
the enforces The Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA). CERCLA is also referred to as the Superfund.
Mandatory Assignments 25-1 “The Clean Water Act” (p.546) and 25-4 “Superfund” (p. 546) involve
two important federal environmental laws (i.e. statutes).
It is important to be familiar with the following acronyms. However, keep in mind “BACT” when
answering Mandatory Assignment 25-1 and“PRP” when answering Mandatory Assignment 25-4.
EIS = Environmental Impact Statement. The adverse impact on the environment, alternative actions,
and any irreversible effects the action might generate must be identified for every major federal
action that significantly affects the quality of the environment.
An action is “major” if it involves a substantial commitment of monetary or other resources. An action
is “federal” if a federal agency has the power and authority to control it.
BACT = Best Available Control Technology. The Clean Water Act of 1972 requires major new
sources or existing sources to install BACT before beginning operations..
BACT = Best Available Control Technology. Regulations issued under the Federal Water Pollution
Control Act of 1948 generally specify that the best available control technology be installed.
PRP = Potentially Responsible Parties. Superfund provides that certain persons may be liable for
clean-up (remediation costs) caused by the release, or threatened release, of hazardous chemicals
from a site It is important to understand who may be a PRP. Note the four categories of persons who
may be PRPs specified on page 544 of Chapter 25. A prior owner of a site, who no longer occupies
the site can be found to be a PRP and held liable for remediation costs.
See page 545 for defenses to being designated a PRP. Discuss whether any of these defenses are
available to any of the parties mentioned in Mandatory Assignment 25-4.
Discussion Topic
MANDATORY ASSIGNMENT — Briefly answer questions in 25.1 “The Clean Water Act” (p.
546) and 25.4 “Superfund” (p. 546) based on your reading. Post your answers in the Discussion
Thread.
WGB 614-AO
USE THIS FOMAT FOR THE MANDATORY ASSIGNMENTS AT THE END OF EACH
CHAPTER – EXCEPT THE SANLU CASE IN LESSON 3
NAME:
LESSON (insert Lesson number) MANDATORY ASSIGNMENT: (insert mandatory
assignment(s) e.g. 21-2 Wrongful Discharge)
FACTS:
ISSUE: (THE QUESTION OR QUESTIONS PRESENTED FOR YOU TO ANSWER IN EACH OF THE
MANDATORY ASSIGNMENTS
DISCUSSION: (APPLY LAW TO FACTS)
CONCLUSION: (YOUR ANSWER TO THE QUESTION OR QUESTUONS PRESENTED AT THE END OF
EACH MANDATORY ASSIGNMENT)
SHOULD THE LAW BE AMENDED TO IMPROVE IT?
IF YES, HOW?
IS THE LAW SATISFACTORY?
IF YES, BRIEFLY EXPLAIN WHY YOU THINK IT IS SATISFACTORY