Jody Blanke, ProfessorComputer Information Systems and Law

Mercer University, Atlanta

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Three Broad CategoriesRegulation of pollutantsRegulation of chemical substances in

commercial productsPolicy decisions regarding the quality of the

environment

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PollutantsClean Air ActFederal Water Pollution Control Act

as amended by the Clean Water ActResource Conservation and Recovery Act

(RCRA)Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA or Superfund)

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Chemical SubstancesFederal Insecticide, Fungicide and

Rodenticide ActToxic Substances Control Act

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Policy DecisionsNational Environmental Policy Act of 1969

(NEPA)

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Admimnistration of Environmental LawsFederal

Environmental Protection Agency (EPA) Created in 1970 by executive order Responsible for all federal laws except NEPA

StateSome state laws predated the federal and are

more stringent and comprehensive The EPA may permit such state programs to

operate

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Clean Air ActThe EPA has established national ambient air

quality standards (NAAQS) for pollutants.Six specific standards were set for

Particulate matter Sulphur dioxide Ozone Nitrogen dioxide Carbon monoxide Lead

American Electric Power v. Connecticut (2011) EPA has exclusive authority to regulate greenhouse gas

emissions

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Clean Water ActRegulates the discharge of pollutants into the

navigable waters of the U.S.States regulate non-navigable watersCorporate officers can be held civilly liable if

they had authority over the violative activity, and can be held criminally liable for knowing violations of the Act.13-year sentence for toxic waste dump into

sewer

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Resource Conservation and Recovery ActGoverns management of hazardous waste“Cradle-to-grave” responsibility for proper

disposal of hazardous wastePotential civil and criminal liability for

corporate officers

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Federal Superfund LawComprehensive Environmental Response,

Compensation, and Liability Act (CERCLA)Imposes strict liability on present owner of

land, as well as previous owners and those responsible for the disposal of the hazardous substance

Split of authority as to whether the Act can be applied retroactively , i.e., for pollution that occurred before December 11, 1980

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Gowanus Canal

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Gowanus Canal

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