Environmental Law for Engineers and Geoscientists
By:Â Robert Lee Aston
Hardcover | 14 February 2002 | Edition Number 1
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352 Pages
23.5 x 15.88 x 1.91
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Today's engineering and geoscience student needs to know more than how to design a new or remedial project or facility. Questions of law and ambiguities of terms often occur in contracts for mining, landfills, site reclamation, waste depositories, clean up sites, land leases, operating agreements, joint ventures, and other projects. Work place situations arise where environmental compliance methods are challenged by enforcement agencies. Although the statutes, rules, and regulations may seem to be worded clearly and specifically, there are often questions in application and sometimes varied interpretations.
Environmental Law for Engineers and Geoscientists introduces simplified American jurisprudence focusing on the legal system, its courts, terms, phrases, administrative law, and regulation by the agencies that administer environmental law. The book comprehensively covers the "big five" environmental statutes: NEPA, CAA, CWA, CERCLA, and RCRA. With the basic law chapter as a foundation, the book covers the practical applications of environmental law for geo-engineers. It concludes with a chapter on the growing area of expert witnessing and admissible evidence in environmental litigation -- an area of law where success or failure increasingly depends on the exacting preparation and presentation of expert scientific evidence.
Written by a professional mining and geological engineer and a practicing attorney, Environmental Law for Engineers and Geoscientists prepares students for the numerous environmental regulatory encounters they can expect when dealing with various statutes, laws, regulations, and agency rules that govern, affect, and apply to environmental engineering projects. It provides a working knowledge of how to judge whether or not a project is in compliance with regulations, and how to ensure that it is.
Industry Reviews
"Robert Lee Aston's eight university degrees, earned over the course of more than 50 years, have given him an incredibly broad and deep background in both engineering and the law. His curriculum vitae is relevant because Environmental Law for Engineers and Geoscientists can benefit not only engineering and science students in need of some legal background, but also lawyers entering environmental law practice. ... With detailed explanations, background, and analysis, along with an abundance of citations of actual cases, Environmental Law for Engineers and Geoscientists covers as much as one could hope for in a single text on such a huge topic..."
-Civil Engineering, September 2002
b
"Being an engineer whose major contact with the law has been as an expert witness ... I very much would have liked to have the opportunity of taking a course of this title, specially if taught by the author"
-G. F. Bennett, Journal of Hazardous Material, Vol. 93, July 2002
List of Cases | p. xxiii |
List of Commonly Used Abbreviations and Acronyms | p. xxxiii |
List of Figures | |
Introduction to Environmental Law | |
The Need for a National Environmental Protection Policy | p. 1 |
Basic Law for Engineers and Geoscientists | |
General Orientation to American Jurisprudence | p. 5 |
Divisions of Law | p. 6 |
The American Legal System--Legal Terms and Phrases | p. 6 |
Simplified Overview of the American Court System | p. 14 |
Jurisdiction | p. 15 |
Federal Court System | p. 15 |
State Courts | p. 17 |
Statutory Law/Administrative Law | p. 17 |
Administrative Law/Environmental Law | p. 18 |
Agency Rule Making | p. 18 |
Contested Cases | p. 19 |
General Requirements for Filing a Civil Court Action | p. 20 |
Bringing an Environmental Administrative Judicial Reviewing Action in Court | p. 21 |
Standing | p. 22 |
Reviewability/Judicial Review | p. 27 |
Briefs | p. 32 |
Case Reporters | p. 33 |
Finding a Case--Style and Citation of Cases | p. 34 |
Explanation of Citations | p. 34 |
National Environmental Policy Act (NEPA) | |
National Environmental Policy Act--An Environmental Protection Beginning | p. 41 |
Early Testing of NEPA by Trial | p. 46 |
NEPA Terminology | p. 48 |
Environmental Impact Statement | p. 51 |
Content of Environmental Impact Statements | p. 53 |
NEPA EIS Requirement and Technological Development Programs | p. 57 |
Impact Statements for Whole Projects vs. Segments | p. 58 |
Procedural Duty of Alternatives | p. 59 |
NEPA Becomes Established Law | p. 60 |
Air Pollution and the Clean Air Act (CAA) | |
Need for Air Pollution Control | p. 63 |
Air Pollution Sources | p. 63 |
Common Law Control | p. 64 |
Federal Control | p. 64 |
Clean Air Act--1970 | p. 65 |
Contaminant Source Points | p. 68 |
Urban Pollution | p. 68 |
State Implementation Plan | p. 68 |
New Source Performance Standards | p. 70 |
Nonattainment Areas | p. 72 |
Hazardous Air Pollutants | p. 73 |
Offsets and the Bubble Effect | p. 73 |
CAA Amendments--1990 | p. 83 |
Outline of the 1990 CAA Amendments | p. 83 |
Title I--Attainment and Maintenance of National Ambient Air Quality Standards | p. 84 |
Title II--Provisions Relating to Mobile Sources | p. 85 |
Title III--Hazardous Air Pollutants | p. 85 |
Title IV--Acid Deposition Control | p. 86 |
Title V--Permits | p. 86 |
Title VI--Stratospheric Ozone Protection | p. 86 |
Title VII--Enforcement | p. 86 |
Title VIII--Miscellaneous Provisions | p. 86 |
Title IX--Clean Air Research | p. 86 |
Title X--Disadvantaged Business Concerns | p. 86 |
Title XI--Clean Air Employment Transition Assistance | p. 86 |
CAA Legislative and Litigation Updates--1990-2001* | p. 87 |
Title I--Section 107, Nonattainment | p. 87 |
State Implementation Plans | p. 89 |
Section 111--New Source Performance Standards | p. 93 |
Title II--Mobile Sources | p. 96 |
Title III--Hazardous Air Pollutants | p. 97 |
Title IV--Acid Deposition Control | p. 98 |
Section 404--Acid Rain | p. 98 |
Title V--Permits, Penalties, and Enforcement | p. 99 |
EPA Enforcement--Section 113 | p. 100 |
Additional Recent CAA Cases | p. 101 |
Water Pollution and the Clean Water Act | |
Introduction--Historical Comment on Water Pollution | p. 103 |
Brief Review of Man's Water Pollution vs. Nature's Treatment Process | p. 104 |
Early Remedies At Law for Water Pollution | p. 104 |
Polluted Waters--Health Hazard--Wastewater Treatment | p. 111 |
Evolution of Water Pollution Regulation | p. 112 |
Sources of Water Pollution | p. 113 |
Effluent Discharge Control Under the Clean Water Act | p. 114 |
National Pollutant Discharge Elimination System | p. 116 |
Introduction of EPA's Technology Standards | p. 120 |
EPA's Effluent Standards | p. 121 |
Best Practicable Control Technology | p. 121 |
Best Cost-Reasonable Technology | p. 122 |
Best Available Technology | p. 122 |
New Sources | p. 123 |
Publicly Owned Treatment Works--Indirect Dischargers | p. 123 |
EPA's Effluent Limitations and Evolution of Variances | p. 124 |
CWA Legislative and Litigation Updates--1990-2000 | p. 125 |
Oil Pollution Act--1990 | p. 125 |
Parts of Amended CWA | p. 125 |
Section 301--Effluent Limitations | p. 125 |
Section 301(f)--Discharge of Chemical Warfare Agents | p. 125 |
Section 303--Water Quality Standards | p. 126 |
Section 303(d)--Total Maximum Daily Loads--Web Site | p. 126 |
Concentrated Animal Feeding Operations Required to Have NPDES Permits | p. 129 |
Sections 301, 304, 306--Effluent Limitations--New Source Performance Standards, Navigable Waters Pollution--Mining Discharge | p. 129 |
Section 304(1)--Individual Control Strategies--Cases Concerning State-Issued NPDES Permit with EPA Approval | p. 131 |
Section 307(b)--Wastewater Pretreatment | p. 131 |
Section 402--NPDES Permit Violations | p. 131 |
Section 402--NPDES Permits--Navigable Waters Pollution--Discharge by a POTW--Upstream Users' Liability--Sections 303-304(a) | p. 134 |
Section 402--NPDES and Storm Water Permits | p. 136 |
Section 402--Storm Water--NPDES Permits--Sewer Overflows | p. 137 |
Section 404--Dredge and Fill Permits | p. 138 |
Section 404--Wetlands--Injunctions--Statute of Limitations | p. 139 |
Section 405--Sewer Sludge | p. 140 |
Section 505--Citizens' Suits--Statute of Limitations | p. 140 |
Additional Recent CWA Cases | p. 140 |
Other Important and Miscellaneous Enviornmental Statutes in a "Nutshell" | |
Toxic Substances Control | p. 143 |
Updates on Litigation of Solid Waste Disposal--1999-2000 | p. 144 |
Additional Recent Solid Waste Disposal Cases | p. 148 |
The Resource Conservation and Recovery Act (RCRA)--1976, And As Amended--1984, 1986 | p. 148 |
Update on RCRA Final Rules Issued by EPA | p. 149 |
Update on Litigated RCRA Cases | p. 149 |
Additional Recent RCRA Cases | p. 154 |
Comprehensive Environmental Response Compensation and Liability Act--1980 (Superfund); Superfund Amendment and Reauthorization Act (SARA)--1986 | p. 154 |
Update on Litigated CERCLA Cases | p. 155 |
Additional Recent CERCLA Cases | p. 168 |
Water Pollution by Abandoned Mine Sites; Acid Mine Drainage; Mined Land Reclamation | |
Introduction | p. 173 |
Statutory Treatment of Water Pollution by Acid Mine Drainage | p. 175 |
Governmental Remedies--CERCLA, Superfund, SARA, and Clean Water Act | p. 175 |
Examples of AMD Source Point Abandoned Hardrock Mine and Mill Sites Litigated Under CERCLA, SARA, and CWA | p. 176 |
NPL Iron Mountain Mine Site, Redding, California | p. 176 |
Introduction--General Description | p. 176 |
Iron Mountain Mining History | p. 177 |
Earlier Envrionmental Problems and Remediation Attempts | p. 178 |
Environmental Contaminating Conditions at Iron Mountain | p. 179 |
Site Remediation Steps Prior to Litigated CERCLA Proceedings | p. 179 |
CERCLA Litigation Begins--1991-1997--Establishing PRPs and Liability for Iron Mountain Cleanup | p. 180 |
Litigation and Decision of September 21, 1992 | p. 181 |
Litigation and Decision of March 31, 1995 | p. 192 |
Litigation and Decision of September 30, 1997 | p. 196 |
NPL Summitville Mine, Summitville Consolidated Mining Company and Galactic Resources, Inc., Summitville, Rio Grande County, Colorado | p. 200 |
Background Information of Summitville Mine | p. 200 |
Summitville Litigation Begins | p. 202 |
The Court's Analysis and Rulings | p. 203 |
Comments on the Summitville Mine Site | p. 206 |
Idarado Mine and Facility, San Miguel, Ouray, and San Juan Counties, Colorado--Case Study of a State Regulatory Remediation of a Hazardous AMD Mine and Mill Site | p. 206 |
Legal Background for the Idarado Mine Site | p. 207 |
Brief History of the Idarado Mine Site | p. 207 |
Overview of the Idarado Complex | p. 207 |
Scope of Liability under CERCLA Section 107(a) | p. 210 |
CERCLA National Contingency Plan for Remediation of a Hazardous Site | p. 210 |
Areas of Contamination at the Idarado Facility | p. 212 |
Telluride Tailings Piles | p. 213 |
The State's Proposed Telluride Remediation Plan | p. 214 |
Idarado's Proposed Telluride Remeditation Plan | p. 214 |
The Court's Telluride Remediation Plan | p. 214 |
Society Turn Tailings | p. 215 |
Colorado's Proposed Remediation Plan for Society Turn | p. 215 |
The Court's Plan for Society Turn Remediation | p. 216 |
Miscellaneous Tailings along the San Miguel River | p. 216 |
Colorado's Proposed Stream Bank Remediation Plan | p. 217 |
Idarado's Stream Bank Remediation Proposal | p. 217 |
The Court's Proposed Stream Bank Remediation Plan | p. 217 |
Telluride Soils | p. 217 |
The State's Proposed Remediation Plan | p. 218 |
Idarado's Proposed Remedial Plan | p. 219 |
The Court's Remediation Plan | p. 219 |
Red Mountain Tailings Piles | p. 219 |
The State's Proposed Remedial Plan | p. 220 |
Idarado's Proposed Remedial Plan | p. 220 |
The Court's Remedial Plan | p. 220 |
Mine Portal Discharges and Waste Rock Piles | p. 221 |
The State's Proposed Remedial Plan | p. 221 |
Water Diversion | p. 222 |
Treatment of Contaminated Waters | p. 222 |
Idarado's Proposed Remedial Plan | p. 223 |
The Court's Remedial Plan | p. 224 |
Mill Site Cleanup | p. 224 |
The State's Proposed Remediation Plan | p. 224 |
Idarado's Proposed Remedial Plan | p. 224 |
Miscellaneous Remedial Matters | p. 225 |
Remedial Plans for Relocation of the Pandora Trailer Park and Other Residents | p. 225 |
Remedial Plans for Revegetation of Disturbed Areas; Habitat Enhancement, Fish Stocking and Performance Monitoring, and Compliance Verification | p. 225 |
Intervention by Town of Telluride | p. 226 |
The Court's Conclusions and Holdings | p. 226 |
Final Litigation and Out-of-Court Settlement | p. 228 |
No Injunctive Power under CERCLA or SARA | p. 228 |
Penn Zinc and Copper Mine, Calaveras County, California | p. 229 |
Background History of Penn Mine | p. 229 |
CWA Citizens' Suit to Save the Mokelumne River | p. 230 |
CERCLA Litigation and Decision for the Penn Mine Site | p. 231 |
Comments on CERCLA's Application to Abandoned Mine and AMD Sites | p. 234 |
Legal Outlook for CERCLA as an Ex Post Facto Law | p. 235 |
Example of a Non-CERCLA AMD Damage Common Law Claim Suit | p. 236 |
Geoscientific and Engineering Expert Witnessing and Admissible Scientific Evidence | |
Introduction | p. 241 |
Definitions | p. 241 |
A Brief History of Scientific Expert Witnessing in the United States | p. 243 |
Early Period--Resources Oriented (1870-1930) | p. 244 |
Intermediate Period--Engineering Oriented (1930s-1960s) | p. 244 |
(Dr. James Dunn's) The Current Period--Environment Oriented (1960s-1993) | p. 245 |
The Change in Dr. Dunn's "Current" Period | p. 246 |
The "Daubert" Period--1993 to Date (1999) | p. 246 |
Daubert--Opinion Written by U.S. Supreme Court Justice Blackmun--Review of Background Facts | p. 246 |
The Meaning of Daubert for Expert Witnessing, Testimony, and Evidence | p. 248 |
Post-Daubert "Questions and Application" Debate | p. 249 |
Partial Clarification of Daubert in the 1997 Joiner Case | p. 250 |
Experts, Beware of Extrapolation of Your Data | p. 250 |
Joiner Court Refines the Daubert Requirements for Expert Evidence | p. 251 |
Kumho Tire Co. Ltd. v. Carmichael--1999--Further Refinement of Daubert's Requirements for Expert Opinions | p. 251 |
Background Facts of Kumho Tire Company, Ltd. et al. v. Carmichael and Carmichael et al. v. Samyang Tire, Inc., 131 F.3d 1433 (1997) | p. 251 |
Examples of Exclusion and Admissibility of Expert Opinions in Environmental Cost Recovery Suit Challenges | p. 253 |
An Expert Geoscientific Witness Case--An Example of Inadmissible Geological Expert Testimony | p. 256 |
Conclusions | p. 260 |
A Few Pointers for Being a Successful Geoscientific Expert Witness in Court | p. 261 |
Procedures in Forensic Geoscience | p. 261 |
The Expert's Witness Stand and Testimonial Behavior | p. 261 |
False Statements | p. 262 |
An Example Case Employing Numerous Expert Witnesses | p. 262 |
Update on Recent Expert Witnessing Cases | p. 284 |
Iron Mountain Mine Site, Further Detailed Description | p. 289 |
A Very Simplified Environmental Guide for Starting a Mining Operation, or for a Takeover of a Mining Operation | p. 295 |
References | p. 295 |
Table of Contents provided by Syndetics. All Rights Reserved. |
ISBN: 9781566705752
ISBN-10: 1566705754
Published: 14th February 2002
Format: Hardcover
Language: English
Number of Pages: 352
Audience: College, Tertiary and University
Publisher: Taylor & Francis Inc
Country of Publication: US
Edition Number: 1
Dimensions (cm): 23.5 x 15.88 x 1.91
Weight (kg): 0.66
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