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Chapter 51 Environment Law and Land Use Controls

Chapter 51 Environment Law and Land Use Controls. Twomey, Business Law and the Regulatory Environment (14th Ed.). Penalties for Violations of Federal Environmental Laws [51-1]. Permanent (single act with permanent damage). Continuing (series of related acts).

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Chapter 51 Environment Law and Land Use Controls

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  1. Chapter 51Environment Law and Land Use Controls Twomey, Business Law and the Regulatory Environment (14th Ed.)

  2. Penalties for Violations of Federal Environmental Laws[51-1] Chapter 51

  3. Permanent (single act with permanent damage) Continuing (series of related acts) Definition of Nuisance [51-2] Nuisance: Conduct that unreasonably interferes with the enjoyment or use of land. Conduct that has a negative effect upon others without being balanced by a benefit to society. Private (affects one or a few persons) Public (affects a community) Criminal (place where illegal acts repeatedly occur) Nuisance in Fact(nuisance in certain situations) Nuisance Per Se(nuisance in allsituations) Chapter 51

  4. Chapter 51 Summary There are public and private regulations of land use. The public regulations consist of environmental laws and zoning. Environmental laws exist at both the state and the federal levels. Chapter 51

  5. Chapter 51 Summary [2] At the federal level, there are regulations that govern air pollution through limits on emissions and permits for discharges; water pollution with permit requirements, discharge prohibitions, and treatment standards; solid waste disposal with limitations on dumping and liability for cleanup when hazardous materials are found on property; and environmental quality through the use of advance studies on projects and their impact on the environment. Chapter 51

  6. Chapter 51 Summary [3] Other federal regulations on the environment protect endangered species, set standards for drinking water, and impose liability for oil spills as well as safety standards for oil tankers. Chapter 51

  7. Chapter 51 Summary [4] Environmental laws are primarily enforced at the federal level by the Environmental Protection Agency (EPA), but other federal agencies as well as state agencies work together to enforce the environmental laws, using criminal and civil penalties and injunctions to halt pollution. Private citizens also have the right to bring suit under federal statutes to enforce the requirements imposed. Chapter 51

  8. Chapter 51 Summary [5] A nuisance is a public or private interference with the use and enjoyment of land, and individuals can bring suit to halt nuisances. Courts perform a balancing test in deciding how to handle concerns about nuisances. That balance is one between the use and enjoyment of land and the economic interests of all of the parties involved. Chapter 51

  9. Chapter 51 Summary [6] Restrictive covenants in deeds are valid land use restrictions that pass from owner to owner and are enforceable so long as they do not violate any constitutional rights. Zoning is a public means of regulating land use. Zoning laws are part of an overall plan for development adopted by a governmental entity. Some landowners can obtain variances from zoning laws, and some preexisting uses are permitted to continue with the protection of a nonconforming use. Chapter 51

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