Term
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Definition
| View that humans take what they want, and see no limits in their appropriation from the natural world of absolutely anything that might be of use, materially or symbolically. |
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Definition
| Perception that resources are to be used, but they must not be wasted and available for future generations. |
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Definition
| Nature requires our protection, but we should still be able to use and enjoy it. Stewardship. |
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Term
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Definition
Perception that preservation comes before public access.
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Definition
| Animals can suffer, but they should not, as a matter of right, be subjected to painful or confining circumstances for human purposes. |
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Definition
| The funamental living unit of the natural environment is not the individual organism, but the ecosystem. Thus the ecosystem should have rights to sue. |
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Definition
| The belief that humans and the natural world are tid together and should support each other's right to exist and to flourish. |
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Definition
| Perception of radical environmentalism under the earth goddess Gaia. Humans are a cancer on the environment. |
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Term
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Definition
| Parenteau: Stewardship of earth. |
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Term
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Definition
| Parenteau: Setting clear, understandable ground rules for everyone to follow. |
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Term
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Definition
| Parenteau: Don't introduce chemicals and pollutants into the environment. |
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Term
| Put Things Back Where You Found Them |
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Definition
| Parenteau: Restore plants and landscape of what you have used. |
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Term
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Definition
| Parenteau: Superfund. Polluters clean what they pollute. |
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Term
| Don't Take things That Aren't Yours |
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Definition
| Parenteau:Government regulations shouldn't take people's land or right to a clean environment. |
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Term
| Say You're Sorry When You Hurt Somebody |
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Definition
| Parenteau: Offer an apology when responsible. Acknowledge problem. |
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Term
| Wash Your Hands Before You Eat |
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Definition
| Parenteau: Lifestyle choices impact the environment more than regulations. |
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Term
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Definition
| Parenteau: Everything dumped into the environment goes somewhere. |
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Term
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Definition
| Parenteau: Remove rhetoric and discuss cases reasonably. |
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Definition
| Parenteau: Acknowledge the wonder of the natural world. |
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Term
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Definition
| Substantially increased federal authority and responsibility over air pollution. The EPA must establish national ambient air quality standards which are enforceable by the states through state implementation plans. Amended in 1977 and again in 1990 to address specific problems such as hazardous air pollution and acid rain. |
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Term
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Definition
| The 1972 amendments to the Federal Water Pollution Control Act. Protects surface water by controlling or preventing discharge of pollutants into those waters. Amended in 1987 to address water quality in areas where compliance with minimum discharge standards are insufficient to meet water quality goals. |
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Term
| Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA and Superfund) |
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Definition
| Enacted in 1980 to address the threat to human health and the environment posed by abandoned hazardous waste disposal sites. Law was substantially amended in 1986. |
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Term
| Endangered Species Act (ESA) |
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Definition
| 1973 Act prohibits the import, export, taking or trading of any endangered species of fish or wildlife. Protects both endangered and threatened species. Any person may petition to have a species removed from or added to the endangered or threatened species list. |
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Term
| Environmental Protection Agency (EPA) |
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Definition
| Federal agency created in 1970. Studies environmental problems and establishes and enforces US environmental standards, including air and water pollution standards, toxic substances regulations, solid and hazardous wastes rules, and pesticide and insecticide registration requirements. |
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Term
| Federal Insecticide,d Fungicide, and Rodenticide Act (FIFRA) |
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Definition
| First enacted in 1947 and substantially amended in 1972 and again 1975, 1978,1980, and 1988, this statute generally provides that a person may not distribute, sell, ship, or deliver a pesticide unless it is registered with the EPA. To be registered under the law, pesticides must be properly labeled and produce no reasonable adverse effects on the environment. |
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Term
| National Environmental Policy Act (NEPA) |
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Definition
| Adopted in 1970, sets forth the general policy of the federal government concerning the environment, establishes the Council on Environmental Quality (CEQ), and required federal agencies to consider the environmental impact of every major federal action significantly affect the quality of the human environment. |
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Term
| Oil Pollution Act of 1990 (OPA) |
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Definition
| Establishes the federal liability scheme for vessels and facilities that spill oil on waters subject to US jurisdiction. |
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Term
| Resource Conservation and Recovery Act (RCRA) |
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Definition
| Enacted in 1976 to address the problems associated with the generation and disposal of hazardous and solid wastes. Applies mainly to active facilities, is designed to provide "cradle-to-grave" control of hazardous waste by imposing management requirements on generators and transporters of hazardous wastes and upon owners and operators of disposal facilities. Law was substantially amended in 1984d by the Hazardous and Solid Waste Amendments (HSWA) |
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Term
| Safe Drinking Water Act (SDWA) |
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Definition
| Enacted in 1974 and amended in 1986 and 1996. Its purpose is to protect the quality of the Nation's drinking water supply by requiring the EPA to establish maximum contaminant level goals and national primary drinking water regulations for certain contaminants found in public water systems. |
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Term
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Definition
| Established by CERCLA; common reference to the provisions of the 1980 Act |
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Term
| Toxic Substances Control Act (TSCA) |
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Definition
| Enacted in 1976, amended three times. Places the responsibility on manufacturers to provide data on the health and environmental effects of chemical substances and mixtures, and gives EPA comprehensive authority to regulate the manufacture, use, distribution, and disposal of chemical substances. |
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Definition
| Law involving actions for breach of legal duties owed by private parties to other individuals. A civil lawsuit may be based on a statute or common law. |
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Term
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Definition
| Judge-made law or "case law". |
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Term
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Definition
| Situation where two or more legal authorities exercise jurisdiction over an individual. For example, both the state and federal courts may have jurisdiction over a particular case or controversy. |
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Term
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Definition
| Federal court jurisdiction based on the fact that the parties are citizens of two different states. requires at least $75,000 in controversy. |
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Term
| Federal Question Jurisdiction |
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Definition
| Federal court jurisdiction based on a substantial question arising under the laws of the US. |
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Term
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Definition
| Jurisdiction over property located within the state. |
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Term
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Definition
| Statute which gives the courts in a state personal jurisdiction over out-of-state defendants for certain acts done within the state. |
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Term
| Personal jurisdiction over the defendant |
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Definition
| Jurisdiction over the defendant based on residency, consent, presence within the state, or state long-arm statute. |
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Term
| Subject Matter Jurisdiction |
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Definition
| Jurisdiction over a particular kind of case. |
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Definition
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Term
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Definition
| Discretionary writ by which the U.S. Supreme Court reviews lower court decisions from the state and federal appeals courts. |
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Term
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Definition
| That area of law which encompasses rules governing the powers, duties, and procedures of administrative agencies. |
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Term
| Administrative Procedure Act |
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Definition
| Passed in 1946, establishes the basic framework of administrative law governing agency action, including rule making. |
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Term
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Definition
| Legal doctrine which addresses the question whether a branch of government may constitutionally assign some of its powers or duties to an administrative agency. |
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Term
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Definition
| Those statutes establishing an administrative agency. |
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Term
| Exhaustion of Administrative Remedies |
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Definition
| Legal doctrine which provides that a party must seek all possible legal relief from an administrative body before courts will grant reviews. |
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Term
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Definition
| Rule-making requirements contained in some legislation which combine formal and informal rule-making procedures. |
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Term
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Definition
| Statements issued by agencies which present the agency's understanding of the meaning of language in its regulations or statutes. |
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Term
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Definition
| Court review of an agency's final decision. |
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Term
| "Notice and Comment" Rule Making |
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Definition
| Informal rule making under the APA. |
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Term
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Definition
| Rules governing organization, procedure, or practice of an agency or organization. |
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Term
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Definition
| Legal doctrine which provides that before judicial review is granted, there must be legal issues presented by the case which are appropriate for judicial decision making. |
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Term
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Definition
| The legal question of whether a person or legal entity has the right to challenge agency action in court. |
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Term
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Definition
| Rules prescribing law or policy. |
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Term
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Definition
| Means of acquiring title to land by openly taking possession of and using another's property for a certain period of time |
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Term
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Definition
| System of ownership of property by husband and wife that exists in western states. |
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Term
| Doctrine of Ancient Lights |
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Definition
| A common law doctrine which provided that anyone who used light for an uninterrupted period of twenty years was entitled to protection for use of that light. The doctrine has been rejected by American courts. |
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Term
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Definition
| A liberty, privilege, or advantage one holds in another's property. |
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Term
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Definition
| A term describing the nature, quality, and quantity of a person's interest in real property. |
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Term
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Definition
| The fee simple or fee simple absolute is the greatest possible estate in land. The grant of a fee conveys to the grantee complete ownership of the property. |
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Term
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Definition
| A fee simple qualified by language that will cause the fee to end when a certain event occurs. |
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Term
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Definition
| Person to whom a legal interest in real property is conveyed or transferred. |
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Term
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Definition
| Person who conveys or transfers an interest in real property to another. |
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Term
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Definition
| Property which has no physical existence, such as patent rights or stocks and bonds. |
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Term
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Definition
| Form of co-ownership of real property characterized by a right of survivorship. |
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Term
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Definition
| A contract between an owner and another for the possession and use of land. |
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Term
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Definition
| Belonging to the shore. Littoral proprietors on a sea or lake correspond to landowners or neighbors. |
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Term
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Definition
| Physical division of co-owned property whereby co-owners become adjoining landowners or neighbors. |
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Term
| Prior Appropriation Doctrine |
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Definition
| Common law doctrine determining water rights in states primarily west of the Mississippi. Characterized by the doctrine "first in time, first in right". |
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Term
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Definition
| A legally protected expectation of being able to draw an advantage from a thing. |
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Term
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Definition
| Proceeding to establish title to land by bringing into court all who have adverse claims to title to the property. |
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Term
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Definition
| A contractual promise that passes with the land. |
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Term
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Definition
| Common law doctrine determining water rights in states primarily east of the Mississippi. Characterized by the requirements of "reasonable use". Unlike the prior appropriation doctrine, only riparians (those who own property adjacent to the waterway) may assert these rights. |
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Definition
| Statutes that permit the execution and recognition of easements for the protection of solar access. |
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Term
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Definition
| Property which has a physical existence, such as land, furniture, or automobile. |
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Term
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Definition
| Form of ownership of real property by husband and wife. |
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Term
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Definition
| Form of co-ownership of real property where the parties hold separate undivided interests in the property. |
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Term
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Definition
| An unlawful act or omission of duty on the part of a tenant of land which results in permanent injury to the property. |
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Term
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Definition
| Requirement in negligence law that the defendant's breach of duty is the actual cause of injury to another person. Tests of cause in fact include the "but-for" test and the "substantial factor" test. |
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Term
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Definition
| An order issued by a court of equity forbidding a party to do some act, or ordering him or his agents to do some act. |
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Term
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Definition
| Negligence action based on the theory that defendant breached a legal duty under statute, ordinance, or administrative rule or regulation. |
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Definition
| A wrong that arises from the unreasonable or unlawful use by a person of his own property which causes substantial interference with the right of another to the use and enjoyment of his property. |
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Term
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Definition
| Requirement in negligence law that the defendant's breach of duty is the legal cause of injury to another person. Tests of proximate cause include whether the injury was "foreseeable", or within scope of foreseeable risk. |
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Term
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Definition
| Damages that are designed to punish flagrant wrongdoers and to deter them and others from engaging in similar conduct in the future. |
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Term
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Definition
| Imposition of liability on an individual or legal entity for the results of his actions regardless of proof of negligence. |
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Term
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Definition
| Intentional, reckless, or negligent entry on another's property, without privilege to do so. |
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Term
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Definition
| A private or civil wrong or injury. |
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Term
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Definition
| Section 8 of Article I of the U.S. Constitution which gives Congress the power to regulate commerce among the states. |
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Term
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Definition
| Constitutional theory that the commerce clause also prevents state legislation that discriminates against interstate commerce. |
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Term
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Definition
Union of states subordinated to a central (federal) government
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Definition
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| Term which refers to the question whether federal law will take priority over state law. |
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Term
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Definition
| Article IV, Section 3, of the U.S. Constitution which gives Congress the power to make rules and regulations for property belonging to the United States. |
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Definition
| Article VI of the U.S. constitution which makes the constitution and laws of the US the "supreme law of the land" |
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Term
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Definition
U.S. Constitution amendment which reserves those powers not delegated to the federal government to the states.
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