Brownfields

1. Brownfields • http://www.whitehouse.gov/news/releases/2002/01/20020111-3.v.smil Environmental Law

2. Mountaintop Mining • http://www.usatoday.com/news/nation/2002/05/09/mining.htm • http://www.accessatlanta.com/ajc/opinion/0502/02equal.html Environmental Law

3. Mine Safety Environmental Law

4. Environmental Law

5. Environmental Assessment—Biodiversity Protection NEPA and ESP

6. National Environmental Policy Act • NEPA requires that an agency must —to the fullest extent possible under it other statutory obligations—consider alternatives to its action which would reduce environmental damage. Environmental Law

7. Overview • The “environmental decade” began January 1, 1970 when President Nixon signed the National Environmental Policy Act (P.L. 91-190, codified at 42 U.S.C. §§4321-4370a [Chapter 55]) • http://www.access.gpo.gov/uscode/uscmain.html Environmental Law

8. Subchapter I Policies and Goals

9. §4331(a) . . . it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. Environmental Law

10. §4331(b) “ . . . [I]t is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— Environmental Law

11. §4331(b) • fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; • assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; Environmental Law

12. §4331(b) • attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; Environmental Law

13. §4331(b) • preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; Environmental Law

14. §4331(b) • achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and Environmental Law

15. §4331(b) • (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. Environmental Law

16. §1442 • include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on— Environmental Law

17. §4332(c) • the environmental impact of the proposed action, • any adverse environmental effects which cannot be avoided should the proposal be implemented, • alternatives to the proposed action, Environmental Law

18. §4332(c) • the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and • any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Environmental Law

19. §4332(D) • Any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: Environmental Law

20. §4332(D) • the State agency or official has statewide jurisdiction and has the responsibility for such action, • the responsible Federal official furnishes guidance and participates in such preparation, Environmental Law

21. §4332(D) • the responsible Federal official independently evaluates such statement prior to its approval and adoption, and Environmental Law

22. §4332(D) • (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement. Environmental Law

23. §4332(E) • study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources; Environmental Law

24. §4332(F) • recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment; Environmental Law

25. §4332(G) • make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment; Environmental Law

26. §4333 • All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this chapter. Environmental Law

27. Subchapter II COUNCIL ON ENVIRONMENTAL QUALITY

28. CEQ • http://www.whitehouse.gov/ceq/ • Global Climate Change Action http://www.whitehouse.gov/news/releases/2001/06/climatechange.pdf • Global Climate Change Policy Book http://www.whitehouse.gov/news/releases/2002/02/climatechange.html Environmental Law

29. EIS for Legislation • Almost as common as an extant Passenger Pigeon • Now in treaties due to Executive Order • Difficult for Administration to force Congress to comply with its own law • Administration-proposed legislation may have an EIS Environmental Law

30. Treaties • As a result of a citizen challenge to the lack of an EIS before the North American Free Trade Agreement, an Executive Order was issued relative to treaties in 1999. • No citizen suit provision, so based on APA 5U.S.C.§702 • http://ceq.eh.doe.gov/nepa/regs/eos/eo13141.html Environmental Law

31. How to Prepare an EIS Table of Contents Executive Summary Chap. 1 - Introduction to Cumulative Effects Analysis Chap. 2 - Scoping for Cumulative Effects Chap. 3 - Describing the Affected Environment Chap. 4 - Determining the Environmental Consequences of Cumulative Effects Chap. 5 - Methods, Techniques, and Tools for Analyzing Cumulative Effects References Appendix A Appendix B Environmental Law

32. Population Economy and Environment Public Lands and Recreation Ecosystems and Biodiversity Air Quality Aquatic Resources Terrestrial Resources Pollution Prevention Energy Transportation Global Environment Environmental Data Tables Environmental Law

33. Self-Measure of CEQ • Strategic Planning • Public Information and input • Interagency Coordination • Interdisciplinary place-based approach to decision-making • Science-based and flexible management approaches. Environmental Law

34. Endangered Species Act Convention on International Trade in Endangered Species of Wild Fauna and Flora

35. 7 U.S.C. 136;16 U.S.C. 460 et seq. (1973) —Chapter 35

36. Current Status • 632 endangered species (326 are plants) and • 190 threatened species (78 are plants) • List is maintained by Fish and Wildlife at the Department of Interior Environmental Law

37. EPA Role in ESA • EPA's decision to register a pesticide is based in part on the risk of adverse effects on endangered species as well as environmental fate (how a pesticide will affect habitat). • Under FIFRA, EPA can issue emergency suspensions of certain pesticides to cancel or restrict their use if an endangered species will be adversely affected. Environmental Law

38. Sec. 1531. Congressional findings and declaration of purposes and policy Sec. 1532. Definitions Sec. 1533. Determination of endangered species and threatened species Sec. 1534. Land acquisition Sec. 1535. Cooperation with States Sec. 1536. Interagency cooperation Sec. 1537. International cooperation Sec. 1537a. Convention implementation Sec. 1538. Prohibited acts Sec. 1539. Exceptions Sec. 1540. Penalties and enforcement Sec. 1541. Endangered plants Sec. 1542. Authorization of appropriations Sec. 1543. Construction with Marine Mammal Protection Act of 1972 Sec. 1544. Annual cost analysis by Fish and Wildlife Service Sections of ESA Environmental Law

39. Comprehensive International Treaty on Endangered Species CITES Home Page

40. The Convention

41. New Orchid Species • New York Times Article • http://www.nytimes.com/2002/08/13/science/life/13ORCH.html?pagewanted=print&position=top Environmental Law