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Cards In This Set
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What protections have landowners enjoyed "from the earliest times"?
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Protection of the courts and various doctrines to prevent bad smells, noises, and emissions.
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When does a nuisance exist?
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When the activities of one landowner interfere with the use and enjoyment of their properties by other landowners or by members of the community in which the nuisance occurs.
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What power do courts have against nuisances?
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Courts have the power to issue injunctions against nuisances
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Identify five types of nuisances that can be enjoined.
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Bad smells, ongoing damage to paint on buildings, excessive noise, polluted air, ant the operation of facilities that present health problems.
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What was the first legislation dealing with the problem of air pollution and what year was it passed into law?
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The Air Pollution Control Act, passed in 1955.
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What did it lack?
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Enforcement teeth
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What did the Clean Air Act (amended in 1970) constitute?
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Clean Air Act constituted the first federal legislation with any real authority for enforcement
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What was the ENvironmental Protection Agency authorized to do and what were the States required to adopt?
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Environmental Protection Agency was authorized to establish air quality standards
States required to adopt implementation plans to achieve the federally developed standards |
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What does EPA stand for?
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Environmental Protection Agency
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COuld a lack of technology be used as a defense to air pollution?
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Lack of technology cannot be used as a defense
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What authority came to the EPA in 1977?
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Authority for the EPA to regulate business growth in an attempt to achieve air quality standards
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What are nonattainment areas? What are PSD areas?
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Nonattainment areas: areas with existing, significant air quality problems, the so-called dirty areas.
PSD areas: prevention of significant deterioration areas |
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What is the emissions offset policy and what three elements does it require before a new facility can begin operations in a nonattainment area?
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Policy: requires three elements before a new facility can being operation in a nonattainment area1. the new plant must have the greatest possible emissions controls2. The proposed plant operator must have all its other operations in compliance with standards3. The new plant's emissions must be offset by reductions from other facilities in the area.
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What is maximum achievable control technology and who must use it?
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Maximum achievable control technology (MACT): the best available methods for limiting emissions, regardless of cost.
Plants that are major sources of toxic emissions must use it |
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What was the first legislation dealing with water quality standards and what year was it passed?
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Water Quality Act of 1965
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