Comprehensive Environmental Response, Compensation, and Liability Act

“ Our national government today is not structured to make a coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food. Indeed, the present governmental structure for dealing with environmental pollution often defies effective and concerted action.
Despite its complexity, for pollution control purposes the environment must be perceived as a single, interrelated system. ”

“ Where solid wastes cause environmental pollution or ecological damage that results in major losses to the state, the local people's government at or above the level of the city divided into districts or its designated departments or organizations shall negotiate with the entity, the producer or the business operator that causes the environmental pollution or ecological damage, and request it to bear the liability for damage ”

“ Any person who pollutes the environment and causes damage to others in violation of state provisions for environmental protection and the prevention of pollution shall bear civil liability in accordance with the law. ”

“ Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Oil Spill Response For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $18,379,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. ”

“ As a practical matter, however, it is difficult to imagine that a State could forbid the disposal of all wastes. Hence, the Commerce Clause as interpreted in Philadelphia v. New Jersey ensures that we often must look to the Federal Government for environmental solutions. And often those solutions, to be satisfactory, must include a cause of action for money damages.
The cause of action under consideration, for example, came about only after Congress had tried to solve the problem posed by hazardous substances through other means. ”

“ I do not think the authors of the Clean Air Act intended to put such strict limits on our review of the Administrator's decision-making process. Further, the interests at stake in this case are too important to be resolved on the basis of traditional administrative labels. We recognized two years ago that environmental litigation represents a "new era" in administrative law. [4] We are dealing here not with an airline's fares or a broadcaster's wattage, but with all humanity's interest in life, health, and a harmonious relationship with the elements of nature. ”

“ Each agency shall strive to reduce or eliminate harm to human health and the environment from releases of pollutants to the environment. Each agency shall advance the national policy that, whenever feasible and cost-effective, pollution should be prevented or reduced at the source. Funding for regulatory compliance programs shall emphasize pollution prevention as a means to address environmental compliance. ”

“ As no disjointed array of separate programs can, the EPA would be able—in concert with the States—to set and enforce standards for air and water quality and for individual pollutants. This consolidation of pollution control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to minimize the adverse impact of their activities on the environment would be assured of consistent standards covering the full range of their waste disposal problems. ”

“ This language indicates that Congress intended to grant states the primary role of enforcing their own hazardous waste program. Such an indication is not undermined, as the EPA suggests, by the language of section 6928. Again, section 6928 (a) (1) allows the EPA to initiate enforcement actions against suspected environmental violators, except as provided in section 6928 (a) (2) . Section 6928 (a) (2) permits the EPA to enforce the hazardous waste laws contained in the RCRA if the agency gives written notice to the state. ”

“ The Administrator is authorized to make grants to any State or States or interstate agency to demonstrate, in river basins or portions thereof, advanced treatment and environmental enhancement techniques to control pollution from all sources, within such basins or portions thereof, including nonpoint sources, together with in stream water quality improvement techniques. ”

“ The Government reasons that this strong public interest in forcing polluters in the multi-generator context to pay outweighs a defendant's interest in avoiding liability even if that defendant has not acted in an environmentally unsound fashion when its actions are viewed without regard to the actions of others. The court in United States v. Western Processing Co., adopting the position advanced by the Government in this case, observed:
it is entirely possible for a hazardous waste facility to be comprised of entirely small amounts from many contributors. ”

“ Moreover, in many situations, it is only money damages that will effectuate Congress' legitimate Commerce Clause objectives. Here, for example, after failing to solve the hazardous-substances problem through preventive measures, Congress chose to extend liability to everyone potentially responsible for contamination, and, because of the enormous costs of cleanups and the finite nature of Government resources, sought to encourage private parties to help out by allowing them to recover for their own cleanup efforts. ”

“ The competent departments of development and reform, industry and information technology, natural resources, housing and urban-rural development, transport, agriculture and rural affairs, commerce, health and other departments under local people's governments shall be responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes according to their respective functions and responsibilities. ”

“ Public Interest Environmental Litigation and Eco-Environmental Damage Compensation ⁠China will encourage and expand the scope of public interest environmental litigation, and improve the systems of public interest environmental litigation and compensation for eco-environmental damage. ”

“ It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this Act. ”

“ The Administrator, in cooperation with other Federal departments, agencies, and instrumentalities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. ”

“ It is equally clear that an action which is environmentally important to one neighbor may be of no consequence to another. Congress could have decided that every major federal action must therefore be the subject of a detailed impact statement prepared according to the procedure prescribed by § 102 (2) (C) . By adding the word “significantly,” however, it demonstrated that before the agency in charge triggered that procedure, it should conclude that a greater environmental impact would result than from “any major federal action.” ”

“ It is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change ”

“ In this case, however, the arguments against placing environmental protection activities under the jurisdiction of one or another of the existing departments and agencies are compelling.
In the first place, almost every part of government is concerned with the environment in some way, and affects it in some way. Yet each department also has its own primary mission—such as resource development, transportation, health, defense, urban growth or agriculture—which necessarily affects its own view of environmental questions. ”

“ Most government agencies charged with solving environmental problems were not originally designed to deal with the severe tasks they now face. And their focus is often too narrow to cope with the broad environmental problems that cut across many jurisdictions. Agencies dealing with water pollution, for example, typically do not have jurisdiction over the geographic problem area - the watersheds. ”

“ It's an incredible fact that this Republican budget actually singles out the environment and its protections for extra cuts.
This budget will mean dirtier water, more smog, more illness, and a diminished quality of life. Here's how. It's plain that there are two ways to legalize pollution: You can change the laws or just stop enforcing them by firing the enforcers. The pollution lobby knows it could never repeal half our environmental protections, so the Republican budget cuts the resources for environmental enforcement in half. Quite simply, it just pulls the cop from the environmental beat. ”

“ It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional steps, for non-economic environmental reasons, subject to a procedure of inspection by the Union. ”

“ It is in the interest of the people of this State to minimize direct regulation by the Federal Government of wastewater dischargers by enacting legislation which will continue and extend the powers and responsibilities of the Department of Environmental Protection for administering the State's water pollution control program, so that the State may be enabled to implement the permit system required by the Federal Act. ”

“ In dealing with industrial pollution and resource degradation, it is essential that industry, government, and the public have clear benchmarks. Where the workforce and financial resources permit, national governments should establish clear environmental goals and enforce environmental laws, regulations, incentives, and standards on industrial enterprises. In formulating such policies, they should give priority to public health problems associated with industrial pollution and hazardous wastes. ”

“ The Administrator of the Environmental Protection Agency is responsible for diagnosis of quality problems and hazards in the environment which would impede the survival and recovery efforts of the nation and for developing coordinated Federal plans and fostering State and local plans designed to prevent or minimize the long-term ecological impact of hazardous agents introduced into the environment in an emergency situation, and to assist and coordinate with all primary resource agencies regarding plans to preserve the quality of a resource needed in an emergency. ”

“ WHEREAS, as the largest single consumer in the Nation, the Federal Government has the opportunity to realize significant economic as well as environmental benefits of pollution prevention;
AND IN ORDER TO:
Ensure that all Federal agencies conduct their facility management and acquisition activities so that, to the maximum extent practicable, the quantity of toxic chemicals entering any waste stream, including any releases to the environment, is reduced as expeditiously as possible through source reduction; that waste that is generated is recycled to the maximum extent practicable ”

“ The House Report also states that the EPA, "after giving the appropriate notice to a state that is authorized to implement the state hazardous waste program, that violations of this Act are occurring and the state [is] failing to take action against such violations, is authorized to take appropriate action against those persons in such state not in compliance with the hazardous waste title." ”

“ Except in those instances where the conduct complained of constitutes a violation of a statute, regulation or ordinance which establishes a more specific standard for the control of pollution, impairment or destruction of the environment, any person may commence a civil action in any court of competent jurisdiction for declaratory and equitable relief against any other person for the protection of the environment, or the interest of the public therein, from pollution, impairment or destruction. ”

“ From unobligated balances to carry out projects and activities funded through the State and Tribal Assistance Grants Account, $10,000,000 are permanently rescinded. Of the funds provided in the Environmental Programs and Management Account, not less than $6,500,000 shall be used for activities to develop and publish a final rule not later than June 26, 2009, and to begin implementation, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States, as required by Public Law 110-161. ”