CWA
A discharge of pollutants means...
any addition of any pollutant to navigable waters from any point source,
Who was the professor who argued before the Supreme Court in TVA v. Hill?
Zyg Plater
What does CERCLA stand for?
Comprehensive Environmental, Response, Compensation and Liability Act
What are the 4 factors of a characteristic hazardous waste?
Ignitability
Corrosivity
Reactivity
Toxicity
What year was the CWA enacted?
1972
Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture is a what.
Point source
These things are protected by the ESA.
Listed Endangered and threatened species and their critical habitats
What national event led to Congress enacting CERCLA?
Love Canal
What type of waste does Subtitle D of RCRA specifically regulate?
Solid Waste
What regulations do transporters have to comply with to be in compliance with RCRA?
DOT regulations
A pollutant can be defined as this...
33 USC § 1362(6)
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
May also be a toxic pollutant or a priority pollutant.
This case concerned protecting the habitat of red-cockaded woodpecker and the Northern spotted owl.
Babbitt v. Sweet Home
Define the three parts of liability under CERCLA?
Strict Liability
Retroactive Liability
Joint and Several Liability
What are the four types of secondary material?
Spent Material, By-products, Sludge, and scrap material
What is the difference between RCRA and CERCLA?
These are the seven factors in County of Maui.
Transit time
Distance traveled
The nature of the material through which the pollutant travels
The extent to which the pollutant is diluted or chemically changed as it travels
The amount of pollutant entering the navigable waters relative to the amount of pollutant that leaves the point source
The manner by or area in which the pollutant enters the navigable waters
The degree to which the pollutant (at that point) has maintained its specific identity.
What year was the ESA enacted?
1973
Describe the different kinds of PRPs
Current Owners and Operators
Prior Owners and Operators
Generators / Arrangers
Transporters
Describe what falls into the category of a solid waste.
If you are a bank lending money for the purchase of land, which CERCLA defense would be most interested in and why.
1996 Congressional Exemption for Banks and Lenders
Now capacity to influence decision making doesn’t invoke CERCLA Liability unless
they exercise decision making over all env’t compliance, or
exercise overall management control
These are the 4 cases concerning what is a WOTUS and are the rules.
Riverside Bayview (1985): ...
SWANCC (2001): ...
Rapanos (2006): ...
Sackett (2023): ...
What case, that we discussed for exam 1, did your casebook discuss under the ESA section? It concerned Nile crocodiles, Asian Elephants, and the Leopard.
Lujan v. Defenders of Wildlife
What is the Innocent Landowner Defense?
Innocent landowners are those that did not know of the contamination on the site, conducted "all appropriate inquiry" before purchasing the site, and, after 2002 amendments to CERCLA, had an environmental specialist review the site before purchasing, making them a Bona fide prospective purchaser.
What are the three kinds of generators and the additional regulatory requirements for each?
Large Quantity - reduce volume and toxicity of waste to the degree economically practicable; submit a biennial report to EPA; develop plans to govern closure of the facility
Small Quantity - make a good faith effort to engage in waste minimization
Conditionally Exempt Small Quantity - exempt from regulations applying to generators
Which of the following is not a hazardous substance under CERCLA?
A. mixed substances that may present substantial danger to the public health or environment
B. toxic pollutants under the CWA and CAA
C. priority pollutants under the CWA
D. toxic pollutants under the CWA
E. petroleum products
F. imminently hazardous chemicals under TSCA
G. substances on the Z list
H.
C, E, G