What comes to mind when you hear or think about the term Environmental Law? Generally, it encompasses the different laws aimed at protecting the environment. Schroder (2008) generally defines environmental law as “the regulation of actions that threaten or actually harm the natural world, including people or the environment” (p.1).
Chapter 1 discusses the legal foundations of environmental law. The author notes the complexity of environmental law which stems from the following reasons: environmental regulation laws come from different sources e.g. Congress, federal courts, international treaties, etc. (which sometimes make sits study difficult); other areas of law are involved; and many environmental issues are impacted by science. Also, pay attention to the sources of law and some substantive law areas discussed such as administrative law, tort law and criminal law. You can also familiarize yourself with the litigation process discussed.
Chapter 6 covers the Resource Conservation and Recovery Act (RCRA). This public law establishes a framework for managing hazardous and non-hazardous solid waste in a proper way. RCRA regulates the land disposal of solid waste. It aims to reduce waste and encourage recycling. This regulation uses manifests and a “cradle-to-grave” tracking system for solid waste disposal.
In Chapter 7, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is discussed. CERCLA, also known as the Superfund, enables the cleaning of sites contaminated with hazardous wastes and prevents the contamination of future sites as liability is assigned to parties involved. Parties are required to pay for the cleanup of the sites. CERCLA empowered EPA to find parties responsible for any release and ensure that they cooperate in the cleanup. Additionally, the Superfund Amendments and Reauthorization Act enacted in 1986 was an amendment to CERCLA and it authorized the continuation of cleanup activities in the country.
Make sure that you read the assigned chapters to understand the foundations of environmental law and learn all the details about RCRA and CERCLA.
Reference
Schroder, K. L. (2008). Environmental Law. Clifton Park, NY: Thomas Delmar Learning
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