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Environmental Law Exam 3
UPS CONN Environmental Law
139
Law
Undergraduate 3
12/14/2011

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Term
Acid Rain
Definition
Precipitation containing a high concentration of acids produced by sulfur dioxide, nitrogen oxide, and other substances emitted during the combustion of fossil fuels.
Term
Air Toxics
Definition
Any pollutant for which a national ambient air quality standard does not exist, and which may reasonably be anticipated to cause cancer, developmental effects, reproductive dysfunctions, neurological disorders, or other serious or irreversible chronic or acute health effects in humans.
Term
Ambient Air
Definition
Outdoor air.
Term
Attainment
Definition
Designation indicating whether a particular area meets a national ambient air quality standard for a pollutant.
Term
Banking
Definition
Under the 1990 amendments, an emission source may save or "bank" SO2 emission reductions that are in excess of regulatory requirements.
Term
Best Available Control Technology (BACT)
Definition
Technology standard determined on a case-by-case basis, required of major sources in PSD areas.
Term
Bubble
Definition
Theory under which an imaginary structure is placed over existing and/or neighboring plants in determining the source of emissions for purposes of the Clean Air Act.
Term
Carbon Monoxide (CO)
Definition
A colorless, odorless gas. One of six criteria pollutants under the Clean Air Act.
Term
Chlorofluorocarbons (CFCs)
Definition
Chemical compounds containing carbon, fluorine, and chlorine atoms; these are easily liquified chemicals used in refrigeration, air conditioning, packaging, aerosol propellants, and insulating. CFCs are linked to the depletion of the stratospheric ozone layer.
Term
Coal Liquefaction
Definition
Processes which convert coal to partially liquid form.
Term
Criteria Pollutant
Definition
A pollutant for which a national ambient air quality standard has been set by the EPA. Criteria pollutants include suspended particulates, sulfur dioxide, nitrogen oxides, ozone, hydrocarbons, and lead.
Term
Emission Trading Policy
Definition
Policy adding flexibility to emissions control by utilizing bubbles, offsets, and banking of emission reduction credits. Generally, permits a course to emit more pollutants than is allowed if another source reduces its level of emissions by that amount.
Term
Fugitive Emissions
Definition
Emissions that do not pass through a stack, chimney, vent, or other equivalent opening.
Term
Greenhouse Effect
Definition
Occurs when the sun's energy passes through the air and is absorbed by the earth; the earth then radiates the energy as heat waves absorbed in the air. The air permits the passage of light but not of heat, creating an effect similar to a greenhouse. Absorption of radiated heat energy is due to pollutants or contaminants in the atmosphere, such as increased levels of CO2, not because of the air itself.
Term
Halons
Definition
Chemical compounds containing bromine, iodine, chlorine, and fluorine; halons are linked to the depletion of the stratospheric ozone layer.
Term
Hydrocarbons
Definition
A group of organic compounds containing hydrogen and carbon which contribute to photochemical pollution.
Term
Lowest Achievable Emission Rate (LAER)
Definition
Strictest possible limits on emissions from new or existing major stationary sources; applies in nonattainment areas.
Term
Major Stationary Source
Definition
Source which emits or has the potential to emit a specified quantity of pollutants under the Clean Air Act.
Term
Maximum Achievable Control Technology (MACT)
Definition
Emission rate based on best demonstrated control technology or practices; applies to air toxics under the Clean Air Act.
Term
National Ambient Air Quality Standards (NAAQSs)
Definition
Include national primary and national secondary standards. National primary standards are set at a level of air quality necessary to protect the public health, allowing for an adequate margin of safety; national secondary standards are set at a standard necessary to protect the public welfare from any known or anticipated adverse effects associated with the presence of such pollutant in the ambient air.
Term
New Source Performance Standards (NSPSs)
Definition
Emission limitations for specific new or modified sources based on the best available control technology.
Term
Nonattainment
Definition
Area shown by air quality modeling to exceed any national ambient air quality standard for a pollutant. Monitoring of nonattainment areas is required under the Clean Air Act.
Term
Ozone
Definition
Photochemical oxidant significantly contributing to the formation of smog. Ozone is regulated as a criteria pollutant.
Term
Particulate Matter (PM)
Definition
Broad class of diverse substances existing as discrete particles in the air, including liquid droplets or solids. Particulate matter is regulated as PM10, that is, particulates of 10 microns or less, the respirable fraction.
Term
Prevention of Significant Deterioration (PSD)
Definition
Program for attainment areas which requires preconstruction review and application of BACT for all firms within an industry category planning to construct or modify facilities within the area.
Term
Reasonably Available Control Technology (RACT)
Definition
Control equipment reasonably available and economically feasible for achieving the lowest emission limit applicable to a given source in nonattainment areas.
Term
State Implementation Plan (SIP)
Definition
Plan submitted by a state providing for attaining and maintaining established air quality standards. If the state does not submit an approvable plan, EPA must issue one for the state.
Term
Stationary Source
Definition
Includes a building, structure, facility, or installation which emits or may emit an air pollutant.
Term
Volatile Organic Compounds (VOCs)
Definition
Petroleum-based organic compounds which mix with other substances in the air to form ozone.
Term
BAT
Definition
Best available technology economically achievable.
Term
BCT
Definition
Best conventional pollutant control technology.
Term
BPT
Definition
Best practicable control technology.
Term
CAFO
Definition
Concentrated animal feeding operation, treated as "point source" under EPA CWA regulations.
Term
FWPCA
Definition
Federal Water Pollution Control Act, which as amended in 1972, became known as the Clean Water Act.
Term
MCL
Definition
Maximum contaminant level for drinking water set as close as feasible to the MCLG.
Term
MCLG
Definition
Maximum contaminant level goals for contaminants under the Safe Drinking Water Act.
Term
MPRSA
Definition
Marine Protection, Research, and Sanctuaries Act of 1972.
Term
Navigable Waters
Definition
Under the CWA, "waters of the United States, including the territorial seas"
Term
Nonpoint Source Pollution
Definition
Water pollution resulting from runoff, precipitation, atmospheric deposition, or percolation.
Term
NPDES
Definition
National Pollutant Discharge Elimination System under the CWA.
Term
OPA
Definition
The Oil Pollution Act of 1990.
Term
Person
Definition
Under the CWA, an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body.
Term
Point Source
Definition
Under the CWA, "any discernible, confined and discrete conveyance...from which pollutants are or may be discharged." The term does not include agricultural storm water discharges and return flows from irrigated agriculture.
Term
Pollutant
Definition
Under the CWA, "dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954), heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water."
Term
POTW
Definition
Publicly owned treatment works.
Term
Pretreatment standards
Definition
Standards for treating industrial discharges into a publicly owned treatment works (POTW)
Term
Refuse Act
Definition
33 U.S.C. 407 makes it unlawful to throw, discharge, or deposit any refuse matter, other than that flowing from streets and sewers and passing into a liquid state, into navigable waters.
Term
Refuse Act
Definition
33 U.S.C. 407 makes it unlawful to throw, discharge, or deposit any refuse matter, other than that flowing from streets and sewers and passing into a liquid state, into navigable waters.
Term
SPCC plans
Definition
Spill prevention, control and countermeasure plans for owners and operators of non-transportation-related onshore facilities storing in excess of 1320 gallons of oil above ground or 42,000 gallons below ground.
Term
Wetlands
Definition
A collective term for marshes, swamps, bogs, and similar areas where land meets water.
Term
As is
Definition
Contract provision which implies that a buyer is taking delivery of goods or property which may be defective and that he is purchasing the property upon the express condition that he must trust to his own examination.
Term
Caveat emptor
Definition
Traditional doctrine ""let the buyer beware".
Term
Caveat venditor
Definition
More modern doctrine "let the seller beware"
Term
CGL insurance policy
Definition
Comprehensive general liability policy.
Term
Consideration
Definition
Something of legal value given in exchange for an act or a promise.
Term
Contract
Definition
A legally enforceable promise.
Term
Covenant
Definition
Contract promise or agreement.
Term
Damages
Definition
Compensation in money for a loss or damage.
Term
Disclaimer
Definition
Contract provision whereby one party denies responsibility for certain events or occurrences.
Term
Implied warranty of habitability
Definition
Warranty implied in law that a new structure will be habitable and fit for occupation.
Term
Implied warranty of merchantability
Definition
Warranty imposed by law in contracts for the sale of goods that the goods are "merchantable"
Term
Incidental Beneficiary
Definition
Third party who does not acquire the right to enforce a contract because the contract was not designed to benefit the third party even though benefit to the third party is a by-product of the contract.
Term
Indemnification Agreement
Definition
An agreement by which one person promises to reimburse another person, or hold him harmless, for loss of damage.
Term
Product Liability
Definition
Theories used in cases where plaintiffs seek to recover damages for personal injury or property damage as a result of a defective product.
Term
Right of termination
Definition
Express contractual provision giving a party the right to cancel a contract upon the occurrence of some event.
Term
Specific performance
Definition
Performance of a contract compelled by the court.
Term
Statute of Limitations
Definition
Statute which prescribes time limits on the right to bring certain legal actions.
Term
Strict Liability
Definition
Product liability theory which holds the manufacturer of a defective product liable for physical harm or property damage suffered by the purchaser even though the seller exercised all reasonable care in the preparation and sale of the product.
Term
Unconscionable Contract
Definition
A contract or contract term which is procedurally and substantively unfair; a contract which "no man in his senses would make and no fair and honest man would accept."
Term
Warranty
Definition
A contractual promise that a fact is true.
Term
Delaney Clause
Definition
Provision of the Federal Food, Drug, and cosmetic ct which banned the intentional addition to food of substances known to cause cancer in animals. Repealed in 1996.
Term
FFDCA
Definition
Federal Food, Drug, and Cosmetic Act
Term
Interagency Testing Committee
Definition
Agency set up under TSCA which sets priorities for testing chemical substances and mistures.
Term
OSHA
Definition
The Occupational Safety and Health Administration
Term
PMN
Definition
Premanufacture notice under the Toxic Substances Control Act.
Term
SNUR
Definition
Significant new use rule issued under the Toxic Substances Control Act.
Term
TSCA
Definition
Toxic Substance Control Act
Term
TSCA Inventory
Definition
An inventory of all existing chemicals under the Toxic Substances Control Act.
Term
CERCLA
Definition
Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Term
CFR
Definition
Code of Federal Regulations
Term
Contained-in rule
Definition
Under RCRA, soil, groundwater, surface water, and debris contaminated with hazardous waste are considered hazardous waste.
Term
De minimus Parties
Definition
Parties at a site which have disposed of relatively small quantities of hazardous substances.
Term
Derived-from Rule
Definition
Under RCRA, a waste generated from the treatment, storage, or disposal of a hazardous waste is also a hazardous waste unless exempted.
Term
DOT
Definition
Department of Transportation
Term
EPCRA
Definition
Emergency Planning and community Right to Know Act established in Title III of SARA.
Term
Facility
Definition
Under CERCLA, any site at which hazardous waste has come to be located.
Term
Generator
Definition
Under RCRA, a person whose act or process produces hazardous waste or whose act first causes hazardous waste to become subject to regulation.
Term
HMTA
Definition
hazardous Materials Transportation Act, which gives the Department of Transportation authority to regulate the movement of hazardous substances.
Term
HSWA
Definition
Hazardous and Solid Waste Amendments (to RCRA) of 1984
Term
Innocent Landowner Defense
Definition
Under CERCLA, a landowner who acquired property after contamination is not liable if he had no knowledge of the contamination or no reason to know of the contamination.
Term
Joint and Several Liability
Definition
All defendants are liable for the entire amount of damages imposed by the court.
Term
Mixture Rule
Definition
Under RCRA, a mixture of a listed hazardous waste and solid waste is considered hazardous waste unless exempted.
Term
NCP
Definition
National Contingency Plan under CERCLA, which establishes procedures for cleanup response actions.
Term
NPL
Definition
national Priorities List under CERCLA, in which the EPA ranks each hazardous waste site with respect to priority to cleanup.
Term
PRP
Definition
Potentially responsible party under Section 107 of CERCLA.
Term
RCRA
Definition
Resource Conservation and Recovery Act of 1976.
Term
Remedial Action
Definition
Long-term permanent cleanup responses under CERCLA.
Term
Removal Action
Definition
Short-term emergency response actions under CERCLA.
Term
Response Costs
Definition
Costs of cleanup which may be recovered under CERCLA.
Term
Retroactive Liability
Definition
Liability imposed for acts done prior to passage of the law imposing such liability.
Term
SARA
Definition
Superfund Amendments and Reauthorization Act of 1986.
Term
Security Interest Exemption.
Definition
Under CERCLA, exemption from liability fora person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect his security interest.
Term
Small Quantity Generator
Definition
Under RCRA, generators of hazardous substances between 100 and 1,000 kilograms per month.
Term
Strict Liability
Definition
Liability without proof of negligence.
Term
TSD Facility
Definition
A facility for the treatment, storage, or disposal of hazardous wastes.
Term
Uniform Hazardous Waste Manifest
Definition
Control and transport document required by RCRA originating with the generator and accompanying the hazardous waste to the place of disposal.
Term
UST
Definition
Underground storage tanks, regulated under Subtitle I of RCRA.
Term
Agenda 21
Definition
One of the "Five Pillars" of the Rio Conference (along with the Rio Declaration, Statement of Forest Principles, Convention on Climate Change, and Convention on Biological Diversity), the agenda is a lengthy document identifying and addressing global environmental problems and describing action necessary to address those problems.
Term
Basel Convention
Definition
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Agreement forbidding the export of hazardous waste to countries unless notice and consent is given.
Term
Brundtland Report
Definition
Issued in 1987 by the World Commission on Environment and Development, this stressed the importance of environmental protection for the developing world and introduced the concept of sustainable development.
Term
Convention
Definition
An international treaty or agreement.
Term
Convention on Biological Diversity
Definition
A controversial proposal presented at the Rio conference (which the U.S. refused to sign), this convention outlined the need to preserve biological diversity and addressed the financial interest of developing countries in plant and animal life.
Term
Convention on Climate Change
Definition
Adopted at the Rio Conference, a convention generally recognizing the need to control emissions of carbon dioxide and other greenhouse gases.
Term
Customary International Law
Definition
General guiding principles recognized by nations as a source of international law.
Term
"Earthwatch"
Definition
A program facilitating international cooperation in research activities, monitoring, and information exchange first established by the Stockholm Conference
Term
EEC
Definition
The European Economic Community established under the Maastrict Treaty.
Term
GATT
Definition
The General Agreement on Tariffs and Trade
Term
ICSU
Definition
International Council of Scientific Unions, which undertakes and updates environmental research.
Term
International Law Commission
Definition
Commission created by the United Nations General Assembly, charged with developing and codifying international law.
Term
IUCN
Definition
The International Union for the Conservation of Nature and Natural Resources and supports international conventions designed to conserve such resources.
Term
Montreal Protocol on Substances that Deplete the Ozone Layer
Definition
Effective in 1989, an international agreement wherein parties agreed to take certain specific actions to address the problem of changes in the atmospheric ozone layer.
Term
NAFTA
Definition
The North American Free Trade Agreement
Term
NGOs
Definition
Nongovernmental organizations which are often very active and effective in lobbying for environmental policies to protect the environment.
Term
NGOs
Definition
Nongovernmental organizations which are often very active and effective in lobbying for environmental policies to protect the environment.
Term
OAU
Definition
Organization of African Unity
Term
OECD
Definition
Organization for Economic Cooperation and Development, responsible for adopting environmental policies which have led to international conventions.
Term
OTR
Definition
Office of the United States Trade Representative.
Term
Rio Declaration
Definition
Declaration of principles adopted at the 1972 Rio conference for the ecologically sound management of the environment.
Term
Statement of Forest Principles
Definition
A non-legally binding statemnt of principles for management, conservation, and sustainable development of forests adopted at teh 1972 Rio Converence.
Term
Stockholm Conference on the Environment
Definition
The first "Earth Summit," held in 1972, which adopted a Declaration on Principles of the International Law of the Environment.
Term
Sustainable Development
Definition
Economic development which meets the demands of the present without compromising the ability of future generations to meet their own needs.
Term
UNCED
Definition
1992 United Nations Conference on the Environment and Development, also known as the Rio Conference and the Earth Summit.
Term
UNEP
Definition
United Nations Environment Program, which coordinates global environmental initiatives.
Term
USTR
Definition
U.S. Trade Representative, a cabinet-level post who coordinates and formulates international trade policy.
Term
USTR
Definition
U.S. Trade Representative, a cabinet-level post who coordinates and formulates international trade policy.
Term
WHO
Definition
World Health Organization, created under the auspices of the United Nations.
Term
World Charter for Nature
Definition
Adopted by the UN General Assembly in 1982, this charter recognizes humans' responsibility to maintain the quality of nature and to conserve the world's natural resources.
Term
World Trade Organization
Definition
Organization created under the Uruguay Round of GATT to oversee the global trade agreement.
Term
WWF
Definition
The Worldwide Fund for Nature, which collects and distributes funds for global conservation activities.
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