Environmental law engr 482-disc - CS Course...

Engineering 482Engineering 482

Environmental EthicsEnvironmental Ethicsand and LawLaw

ReferencesReferences

• Chapter 9- Engineering Ethics• Course class notes – Engineering 482

website• EPA website www.epa.gov• Engineering Society Codes of Ethics –

Engineering Ethics CD-ROM

Additional Environmental Law Additional Environmental Law ReferencesReferences

• Environmental Law Handbook, Sullivan, et. al., Governmental Institutes, A Division of ABS consulting group, Seventeenth edition

• Essentials of Environmental Law, Ray Vaughn, Governmental Institutes

• Principles of Environmental, Health, and Safety Management, Gordon West, Governmental Institutes

Engineers and the EnvironmentEngineers and the Environment

• Technical Issues• Philosophical Issues

– Engineering ethics• Legal Issues

Why include environmental lawWhy include environmental lawin an engineering ethics coursein an engineering ethics course

• Many ethical questions are realistic in areas where there is no applicable law, but

• The issue becomes moot or already decided where the law exists

• The law then influences what we would generally consider to be the ethical decision

•

Every Engineer needs to know Every Engineer needs to know enough about the enough about the

environment:environment:1. To recognize that many of the problems faced

by planet earth are caused by environmental modification and environmental pollution caused by engineering works and products

2.To recognize when his engineered works or products have environmental implications

3. To know his legal exposure to civil and criminal environmental liability

Every Engineer needs to know Every Engineer needs to know enough about the environment:enough about the environment:

4.To know the limits of his environmental knowledge and when he needs to seek more extensive input and knowledge from environmental scientists and environmental engineers

5. To recognize that engineers need to have and support an environmental ethic to help mankind preserve life on planet earth or at least to sustain it as long as possible

Environmental Ethics and Environmental Ethics and Environmental LawEnvironmental Law

• In dealing with the environment - If you are not part of the solution – You are part of the problem!

A quick case studyA quick case study

• The boss of your company is going to throw a party tonight for some of his clients.You are a licensed professional engineer in the company. The boss gives you $5000 to go to buy illegal drugs to provide to him and his guests. He also tells you that if you don’t the things he asks you do, he will hire some one else who will.

• Is this an ethical decision for you?• Is it also a legal issue for you?• Which would you use for your answer to the

boss?


A butler in training is taught to give such tactful answers as “Sir – I will not go to jail for you!

• Would you say “ my ethics do not permit me to this for you”, or

• With due respect sir, What you ask me to become is felon subject to fine and jail penalty – I do not believe that is in my job description!


• What if the same boss were instead to as you to take 10 drums of a hazardous waste from the same company and make them mysteriously disappear.

• Would you consider doing so?• Is this a ethical issue for you?• Is it an legal issue for you?• How would this be different from the first case?• What could happen to the engineer if he said

yes to his boss?

Another example caseAnother example case

• A supervisor tells an engineer to falsify some water quality effluent data to be provided to a state EPA in accordance to their permit. He argues that if the correct data is reported that corrective action will be too costly for the company to make a profit.

• If you know the environmental law you can point out to the supervisor that the fine for improperly reporting the data is $25,000 per day for each day of violation or $9,125,000 per year and that could surely cause more harm to the company balance sheet that reporting the truth

Early environmental lawEarly environmental law

• In the 1800’s – Common law remedies using Tort law– Nuisance– Trespass– Negligence

• First Federal law – Rivers and Harbors act of 1899

• Public Health Service act of 1912

The early media lawsThe early media laws

• Federal Water Pollution Control Act 1956• Clean Air Act- 1963• Solid Waste Disposal Act – 1965• Safe Drinking Water Act – 1974

– Groundwater injection part

The National Environmental The National Environmental Policy ActPolicy Act

• States that all activities of the U.S. Federal Government shall consider the environment

• Includes those activities involving Federal permits or funding

• Established the Council on Environmental Quality

• Established the EIS Process

National Environmental Policy ActNational Environmental Policy ActEnvironmental Impact Statement PolicyEnvironmental Impact Statement Policy

• Application or notice of intent• Federal environmental assessment• Scoping public hearing• Develop draft EIS• Public hearing and comments on draft EIS• Final or supplemental EIS• Record of decision

The Policy Laws & RulesThe Policy Laws & Rules

• NEPA – U.S. National Policy• State Environmental Policy Acts -16+• County and local Govt. Envir. Policy acts• Individual Nations NEPA’s –over 100• International agency policies e.g.

– World Bank– IMF

• ISO 9000-14000

The Hazard Family of LawsThe Hazard Family of Laws

• The Resource Conservation and Reclamation Act - RCRA– HSWA– Underground storage tank program

• Comprehensive Environmental Response Compensation and Liability Act - CERCLA– Superfund Amendments and Reauthorization Act– Emergency Preparedness and Right to Know Act-

EPCRA

The Hazard Family of LawsThe Hazard Family of Laws

• Oil Pollution Control Act of 1990 – OPA-90• Occupational Safety and Health Act

– Hazardous Waste Operations and Emergency Response (Hazwoper) training requirements

The Product Family of LawsThe Product Family of Laws

• Toxic Substances Control Act– ChemicalsFederal Insecticide Fungicide and Rodenticide

Act – FIFRA- all Pesticides• Food Drug and Cosmetic Act• Safe Drinking Water Act

– Drinking Water

Federal Land Use and Natural Federal Land Use and Natural Resource LawsResource Laws

• Mineral, Oil and Gas, and natural Resource Laws

• Laws regarding national forests• Coastal Zone Management Act• National Parks• Wilderness Act• Wild and Scenic Rivers Act• National trails

Federal Wildlife LawsFederal Wildlife Laws

• Endangered Species Act• Marine Mammal Protection Act• The Migratory Bird Treaty Act• The Lacey Act• Fisheries Laws• National Wildlife Refuges

The Environmental Law SystemThe Environmental Law System

• The environmental law system is an organized way of using all of the laws in our legal system to minimize, prevent, punish, or remedy the consequences of actions which damage or threaten the environment, public health and safety

The Environmental Law SystemThe Environmental Law System

• Environmental law encompasses all of the protections for our environment that emanate from the following sources:

1. Laws: Federal and state statutes and local ordinances

2. Regulations promulgated by Federal state and local agencies

3. Court decisions interpreting these laws and regulations

4. The common law5. The United States Constitution and state

constitutions and even treaties

Basic Elements of Basic Elements of Environmental LawsEnvironmental Laws

• Establish control methods such as:– Prohibit unauthorized discharges– Require registration as generators– Require notification of shipping of hazardous

materials– Reporting requirements– Clean up requirements– Approval of products– Required labeling– Required training of personnel


• Issue and enforce permits– Clean water Act National pollution Discharge

elimination system(NPDES) permits– Clean air act permits– RCRA – Treatment storage and disposal

permits– SDWA – Underground injection permits– CWA – Ocean Disposal permits


• Require contingency plans– Oil Pollution– Clean water act– CAA– RCRA– CERCLA– EPCRA


• Demonstrate response readiness to respond to spills

• Require restoration of damaged environments• Ability to investigate non-compliance• Ability to administratively assess penalties• Ability to refer cases to the U.S. Department of

Justice for Civil and Criminal prosecution

Enforcement Mechanisms in the Enforcement Mechanisms in the Federal StatutesFederal Statutes

• Civil penalties- ranging from $ 10,000 to $50,000 per violation per day

• Administrative orders- to respond or abate, enforceable by civil and criminal sanctions

• Civil action for relief including prohibition and mandatory injunction enforced by judicial decree

Environmental enforcement Environmental enforcement actions 1994actions 1994

• $164,000,000 civil and criminal fines• $1, 400,000,000 Superfund site pledges to

clean up hazardous wastes in the public domain

• 2,247 Enforcement actions– 220 criminal actions– 1597 Administrative penalties– 27 consent decrees

Basic Legal PrincipleBasic Legal Principle

• Ignorance of the law is no excuse !• A professional working in a given area is

expected to be knowledgeable in the legal requirements of his professional field

Enforcement Mechanisms in the Enforcement Mechanisms in the Federal StatutesFederal Statutes

• Criminal sanctions- against organizations and responsible individuals for misrepresentation or knowing or negligent violation of the statutes

• Citizen civil action – to compel compliance with or to collect damages for violation

• Deny or revoke permits – thus closing facilities• Debar and de-list – deny Federal contracts to a

firm

The Valdez PrinciplesThe Valdez Principles

1. Protection of the biosphere – sustainable development

2. Sustainable use of Natural Resources3. Reduction and disposal of waste4. Wise use of energy5. Reduction of risk to employees and the

public

The Valdez PrinciplesThe Valdez Principles

6. Marketing of Safe Products Services7. Damage Compensation and Environmental

Restoration8. Disclose incidents to employees and the public

– Disclose potential harm to employees9. Appoint environmental directors and managers

at high company levels10. Make and reveal an Environmental

assessment and annual audit

Environmental EngineeringEnvironmental Engineering

• The engineering discipline dealing with the engineering aspects of man’s activities as they relate to the world’s environmental systems and their preservation

• The engineering field you can turn to for professional help on environmental matters

Resistance to Environmental Resistance to Environmental lawlaw

• Wetland protection, (particularly inland) under the Clean Water Act – erodes a property owners bundle of property rights

• The Endangered Species Act – has delayed or stopped numerous projects to protect endangered species

• CERCLA – OPA-90- Determining how clean is clean on oil and hazardous spill and dump sites

The Texas Blind SalamanderThe Texas Blind Salamander

Texas Blind Salamander Texas Blind Salamander (endangered (endangered 1967)1967)

The Texas Blind Salamander lives only in water-filled caves of the

Edwards Aquifer near San Marcos. It depends on a constant supply of clean,

cool water from the Edwards Aquifer. Pollution

and overuse of water caused by the growth of

cities threaten its survival.

Navasota LadiesNavasota Ladies’’ TressesTresses(endangered 1982)(endangered 1982)

Photo ©Paul Montgomery

The Navasota Ladies-Tresses orchid, once

thought to be extremely rare, is now known in

about 100 locations in 10 counties. Some of these

locations in the Bryan-College Station area are threatened by the rapid

development of these cities.

Some local conflicts that some of Some local conflicts that some of you will be involved inyou will be involved in......

• Some habitat of the Navasota Ladies Tresses will be taken by much-needed widening of SH-6 between College Station and Hempstead.

• Continued demands on the Edwards Aquifer by population growth along the IH-35 corridor threaten the habitat of the Texas Blind Salamander.

Kennedy Heights CaseKennedy Heights Case

• Old oil storage reservoirs built in the 1920’s -3 @300,000 barrel storage

• Minority housing built on the site in the late 1960’s

• Oil or hazardous material residue discovered during water line replacement in the 1990’s

• Law suit by 3500 homeowners for $600,000,000

Newport Beach Apartment House Newport Beach Apartment House CaseCase

• Gas stations located on three corners of an intersection

• Apartment Community built on forth corner• Underground gasoline plume discovered

under apartment community• Expensive remediation project• Loss of value for the apartment community

Todd Shipyard ContaminationTodd Shipyard Contamination

• Shipyard referred to in movie “Pretty Woman”

• Business plan prepared to convert shipyard from union yard to non-Union yard

• Plan could not be implemented due to plant site contamination from years of discharging contaminated sandblasting residues from removing antifouling paint

Industry Environmental Industry Environmental PhilosophiesPhilosophies

• Roderick – The primary role and duty of management really is to make money.

• Friedman_ responsibility of business managers to Make as much money as possible while conforming to the basic rules of society, both those embodied in law and in ethical custom

• Inherent in “crisis oriented environmental management”

Pacific Gas & ElectricPacific Gas & Electric

• Erin Brockovich Movie• Class action suit regarding ground water

pollution by wastes containing hexavalent chromium

• Classic toxic torts case• 660 million $ judgment for the plaintiffs

Crisis oriented environmental Crisis oriented environmental managementmanagement

• Few environmental personnel• Think it is cheaper to pay fines than

comply• Can lobby against environmental

compliance• Re-buttle –Concept of least scupulous

operator setting the standard

Second GroupSecond Group--Cost Oriented Cost Oriented Environmental ManagementEnvironmental Management

• Firms following this middle path accept governmental environmental regulation as a cost of doing business, but they do so without enthusiasm

• They do have established corporate policies regulating environmental matters and separate environmental management units

Third Group Third Group -- Enlightened Enlightened Environmental managementEnvironmental management

• Being responsive to environmental concerns has the full support of the corporation CEO and administrators

• Well staffed environmental divisions • Use state of the art equipment• Have good relations with regulators• Have learned it is in their long range best

interests

Third Group Third Group -- Enlightened Enlightened Environmental ManagementEnvironmental Management

• Chemical Manufactures Association –Program – “Responsible Care: A Public Commitment

• 170 firms published a set of guiding principles in the Wall Street Journal

• 3M company example in text

The Scope of Professional Engineering The Scope of Professional Engineering Obligations to the EnvironmentObligations to the Environment

• Section 9.7 in Textbook• Two arguments for Engineering obligation

beyond human health obligations• Three arguments against


1. Since engineers are usually the creators of technology that contributes to environmental degradation as well as environmental improvement, they should have a professional obligation to protect the environment

2. The engineering profession might well have a salutary impact on our attitudes and actions with regard to the environment – Our actions can lead to the elimination or modification of projects that are bad for the environment


Objections:1. Some claim the Environment ,

particularly the biological sciences falls outside of professional engineering expertise –

• Rebuttal – Engineering is the application of “All” scientific fields for the benefit of mankind – Different engineering fields make use of different scientific stems


2. Extending professional responsibility would cause conflict within the engineering societies

Rebuttal – “GOOD!” With many state professional practice laws, NSPE, and several other societies already including the environment – the trend is well established


Objection 3Considering the environment would be

against the conscience of some engineers?

Rebuttal: Your professor has a hard time buying into this concept –

Authors proposalsAuthors proposals

• They do not believe that the engineer should be held to environment ethics for non – human health issues

• Your professor today disagrees• They also think engineers should have

the right to organizational disobedience with regard to environmental matters –under their own personal beliefs

International Environmental International Environmental ProgramsPrograms

• To be covered with international engineering ethics later in the course

Environmental law engr 482-disc - CS Course...

Documents

Transcript of Environmental law engr 482-disc - CS Course...