After reading this chapter, you will be able to answer the following questions: What are the alternative ways to protect the environment? What are the responsibilities of the Environmental Protection Agency? How does the United States regulate air quality? How does the United States regulate water quality? How does the United States regulate waste? How does the United States regulate toxic substances? | Chapter 46 Environmental Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 46: Environmental Law 46- Alternative Means of Protecting The Environment Tort Law Nuisance: Unreasonable interference with another’s enjoyment and use of his/her real property (land) Negligence: Duty, breach of duty, causation, and damage Trespass: Occurs when someone enters another’s property without permission Legal means of protecting the environment include the tort theories of nuisance, negligence, and trespass. A nuisance action claims an unreasonable interference with the plaintiff’s enjoyment and use of his or her land. Negligence alleges a duty owed by the defendant to the plaintiff, a breach of that duty, corresponding harm to the plaintiff, and proof of damages. A trespass occurs when someone enters another’s property without permission. 46- Alternative Means of Protecting The Environment (Continued) Government Subsidies Approach: Government pays polluters to reduce their emissions Marketable Discharge Permits: Government issues set number of permits for pollutant discharges; companies are free to sell these permits among themselves “Green” Taxes: Government imposes taxes on environmentally harmful activities Direct Regulation: Government regulates pollution; primary approach used today Other means of protecting the environment include a “government subsidies approach,” where the government pays polluters to reduce their emissions; marketable discharge permits, issued by the government on a limited basis for pollutant discharges, and allowing companies to sell these permits to other companies; “green” taxes, or taxes on environmentally harmful activities; and direct regulation, where the government regulates pollution. Direct regulation is the primary pollution-control approach used today. 46- The Environmental Protection Agency (EPA) Created | Chapter 46 Environmental Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 46: Environmental Law 46- Alternative Means of Protecting The Environment Tort Law Nuisance: Unreasonable interference with another’s enjoyment and use of his/her real property (land) Negligence: Duty, breach of duty, causation, and damage Trespass: Occurs when someone enters another’s property without permission Legal means of protecting the environment include the tort theories of nuisance, negligence, and trespass. A nuisance action claims an unreasonable interference with the plaintiff’s enjoyment and use of his or her land. Negligence alleges a duty owed by the defendant to the plaintiff, a breach of that duty, corresponding harm to the plaintiff, and proof of damages. A trespass occurs when someone enters another’s property without permission. 46- Alternative Means of .
