Enviromental Law Outline
Topic 1: Common Law & Environmental Harm: Nuisance 5
§1.01: Private Nuisance 5 [1] Definition of Private Nuisance 5 [2] General Rule 5 [3] Unreasonableness of Intentional Invasion 5 [4] Gravity of Harm Factors 5 [5] Utility of Conduct versus Gravity 6 [6] Important Historical Nuisance Cases 6 [7] Nonpoint Source Groundwater Pollution 7 [8] Coase Theorem 7 §1.02: Public Nuisance 7 [1] Definition and Overview of Public Nuisance 7 [2] Who Can Recover from a Public Nuisance 7 [3] Sovereign Actions in Public Nuisance 8 [4] Public Nuisance Hypo 8
Topic 2: The Regulatory Process 9
§2.01: The Regulatory Process 9 [1] Law, Policy, and Decision Making 9 [2] Rulemaking Procedures 9 [3] Judicial Review of Rulemaking 10 [1] Chevron Test 12
Topic 3: Command and Control Clean Water Act (CWA) 13
§3.01: CWA: Scope of Federal Authority 13 [1] The Structure of the Clean Water Act 13 [2] Principal Types of Pollution Control Regulations Mandated by the CWA 14 [3] The Scope of Federal Authority to Regulate Water Pollution. 14 §3.02: National Pollution Discharge Elimination System (NPDES): Point Sources 19 [1] Regulation of Discharges from Point Sources 19 [2] Defining the “Addition of Any Pollutant” 19 [3] Discharge of a Pollutant: Water Transfers and the Miccosukee Case 21 [4] What is a Point Source? 22 §3.03: NPDES: Effluent Limits 23 [1] The development & structure of Effluent limitations 23 [2] Effluent Standards for Toxic Water Pollutants 24 [3] POTWS and the Pretreatment Program 25 §3.04: NPDES: Applying Water Quality Standards, Nonpoint Sources 25 [1] Water Quality Standards 25 [2] Water Quality Standard Components 26 [3] The Impact of Water Quality Standards on Permit Limits 27 [4] Application of Water Quality Standards to Interstate Pollution 27 [5] Total Maximum Daily Loadings (TMDLs) 29
§1.01: Private Nuisance 5 [1] Definition of Private Nuisance 5 [2] General Rule 5 [3] Unreasonableness of Intentional Invasion 5 [4] Gravity of Harm Factors 5 [5] Utility of Conduct versus Gravity 6 [6] Important Historical Nuisance Cases 6 [7] Nonpoint Source Groundwater Pollution 7 [8] Coase Theorem 7 §1.02: Public Nuisance 7 [1] Definition and Overview of Public Nuisance 7 [2] Who Can Recover from a Public Nuisance 7 [3] Sovereign Actions in Public Nuisance 8 [4] Public Nuisance Hypo 8
Topic 2: The Regulatory Process 9
§2.01: The Regulatory Process 9 [1] Law, Policy, and Decision Making 9 [2] Rulemaking Procedures 9 [3] Judicial Review of Rulemaking 10 [1] Chevron Test 12
Topic 3: Command and Control Clean Water Act (CWA) 13
§3.01: CWA: Scope of Federal Authority 13 [1] The Structure of the Clean Water Act 13 [2] Principal Types of Pollution Control Regulations Mandated by the CWA 14 [3] The Scope of Federal Authority to Regulate Water Pollution. 14 §3.02: National Pollution Discharge Elimination System (NPDES): Point Sources 19 [1] Regulation of Discharges from Point Sources 19 [2] Defining the “Addition of Any Pollutant” 19 [3] Discharge of a Pollutant: Water Transfers and the Miccosukee Case 21 [4] What is a Point Source? 22 §3.03: NPDES: Effluent Limits 23 [1] The development & structure of Effluent limitations 23 [2] Effluent Standards for Toxic Water Pollutants 24 [3] POTWS and the Pretreatment Program 25 §3.04: NPDES: Applying Water Quality Standards, Nonpoint Sources 25 [1] Water Quality Standards 25 [2] Water Quality Standard Components 26 [3] The Impact of Water Quality Standards on Permit Limits 27 [4] Application of Water Quality Standards to Interstate Pollution 27 [5] Total Maximum Daily Loadings (TMDLs) 29
Links: Trucks ' Exhaust to Bronx Schoolchildren 's Asthma, N.Y. Times, Oct. 29, 2006, 2006 WLNR 18761266; Nicholas Bakalar, Highway Exhaust Stunts Lung Growth, Study Finds, N.Y. Times, Jan. 30, 2007, 2007 WLNR 1761349 Basic Principles |Associations (531 U.S. 457 (2001) | Revising NAAQSs