September 8, 2015
http://www2.epa.gov/aboutepa/epa-history
Primary responsibilities:
These federal statutes provide the legal authority for EPA’s programs and activities.
Body of legal precedents that evolved from centuries of procedures. Often called case law. Uncodified.
Example: Right to Quiet Enjoyment of Land invaded by a Nuisance. Two types. Public nuisance vs. Private nuisance.
Law developed through legislative statute or regulations issued by an executive branch. Codified.
Example: Clean Air Act, Clean Water Act. Federal laws that regulate negative externalities and assist states in cleanup.
Source: USDA, 1991
But significant amount of water still classified as impaired:
http://iaspub.epa.gov/waters10/attains_nation_cy.control?p_report_type=T#imp_water_by_state
September 10, 2015
*Regulates directly the impact of federal agency actions
1. There is the present or threatened destruction, modification, or curtailment of its habitat or range.
2. An over utilization for commercial, recreational, scientific, or educational purposes.
3. The species is declining due to disease or predation.
4. There is an inadequacy of existing regulatory mechanisms.
5. There are other natural or manmade factors affecting its continued existence.
https://en.wikipedia.org/wiki/Endangered_Species_Act#Listing_process
https://en.wikipedia.org/wiki/Endangered_Species_Act#Listing_status
"If, in the course of development, a landowner invests money and land to protect species covered in an HCP, the government will not later require that the landowner pay more or provide additional land even if the needs of species change over time."
http://www.pnas.org/content/early/2015/08/27/1504710112.abstract
http://www.theguardian.com/environment/2014/mar/12/animals-powerlines-sky-wildlife
http://ecos.fws.gov/tess_public/pub/Boxscore.do
http://www.theguardian.com/environment/2014/mar/12/animals-powerlines-sky-wildlife
Success rate = 1% | Time for reform?
Notable applications of CE:
http://www.washingtonpost.com/wpdyn/content/article/2010/05/04/AR2010050404118.html
http://www.nytimes.com/interactive/2011/03/03/us/20110303-natural-gas-timeline.html?_r=2&
http://www.ucs.louisiana.edu/~ras2777/adminlaw/casebrief.html