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Environmental Laws Glossary

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Clean Air Act

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Federal law designed to control air pollution and protect air quality. In environmental law, the act provides the legal framework for emission standards and air quality requirements.

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National Environmental Policy Act (NEPA)

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NEPA requires federal agencies to assess the environmental effects of their proposed actions before making decisions. The key component in environmental law is the Environmental Impact Statement (EIS).

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Polluter Pays Principle

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A principle in environmental law where the polluting party pays for the impact caused to the environment. It is a fundamental principle for allocating costs of pollution prevention and control measures.

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Riparian Rights

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A system for allocating water among those who possess land along its path. Environmental law often deals with riparian rights in managing and preserving water resources.

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Toxic Substances Control Act (TSCA)

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A law that regulates the introduction of new or already existing chemicals in the United States. Environmental law uses TSCA to ensure that chemicals pose no unreasonable risk to human health or the environment.

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Ecosystem-based Management

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A holistic approach that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. Environmental law increasingly incorporates this approach to enhance sustainability and preservation.

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Public Trust Doctrine

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The principle that certain natural and cultural resources are preserved for public use, and that the government has a responsibility to maintain them for the public's reasonable use. Applied in environmental law to protect natural resources.

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Beneficial Use

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The concept in water rights law that water must be used for a purpose that society considers beneficial. In environmental law, beneficial use is a principle guiding the allocation and management of water resources.

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Environmental Impact Statement (EIS)

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A document required by NEPA for federal actions significantly affecting the quality of the human environment. In environmental law, an EIS assesses the potential environmental effects of a proposed action.

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Greenhouse Gas

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Any gaseous compound in the atmosphere that is capable of absorbing infrared radiation, thereby trapping heat in the atmosphere. Greenhouse gases are regulated under environmental law to prevent climate change.

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Due Diligence

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The necessary level of judgement, care, prudence, determination, and activity that someone would reasonably be expected to do under particular circumstances. In environmental law, due diligence is conducted to avoid harm and ensure regulatory compliance.

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Strict Liability

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In environmental law, strict liability holds parties responsible for damage or harm caused by their actions, regardless of intent or negligence. Commonly applied in cases involving hazardous waste.

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Adaptive Management

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A systematic process for continually improving management policies and practices by learning from the outcomes of previously employed policies and practices. In environmental law, adaptive management is used to manage natural resources more effectively.

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Environmental Audit

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A voluntary assessment of a company's compliance with environmental regulations and policies. Environmental law uses audits as a tool for ensuring businesses adhere to legal standards and best practices.

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Conservation Easement

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A voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Used by landowners to preserve natural, productive, or cultural aspects of their land in environmental law.

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

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Also known as Superfund, responsible for cleaning up some of the nation's most contaminated land and responding to environmental emergencies. CERCLA is significant in environmental law when dealing with hazardous waste sites.

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Mitigation

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A term used in environmental law to refer to actions taken to reduce the severity, seriousness, or painfulness of environmental impacts. Mitigation can involve reducing emissions, enhancing sinks, and protecting natural systems.

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Carbon Trading

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A market-based system where countries or companies can trade carbon emission allowances or credits. In environmental law, it is used as a tool to limit and reduce greenhouse gas emissions in a cost-effective way.

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Nuisance

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A common law offense against the right to enjoy the property. In environmental law, a nuisance may be public or private and involve environmental harm such as pollution or noise that interferes with the use or enjoyment of property.

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Endangered Species Act

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Designed to protect critically imperiled species from extinction due to economic growth and development untempered by adequate concern and conservation. Environmental law uses this act to protect biodiversity.

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Invasive Species

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Species that are non-native to an ecosystem and whose introduction causes or is likely to cause harm. Environmental law addresses the control and eradication of invasive species to protect biodiversity and ecosystem balance.

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Precautionary Principle

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The concept that precautionary measures should be taken to protect the environment when an activity raises threats of harm, even if some cause and effect relationships are not fully established. In environmental law, this principle is used to guide regulatory action.

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Environmental Justice

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The fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws. Environmental justice seeks to address the disproportionate impact of environmental hazards on marginalized communities.

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Zoning

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The process of dividing a municipality into different areas in which certain land uses are permitted or prohibited. Environmental law may intersect with zoning decisions to protect sensitive ecosystems or limit pollution.

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Habitat Conservation

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The practice of protecting and maintaining habitats in their natural state for the benefit of certain species. Environmental law includes provisions for habitat conservation to promote biodiversity and ecological health.

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Transboundary Pollution

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Pollution that originates in one country but is able to cause damage in another country's environment, by crossing borders through pathways like water or air. Environmental law often requires cooperation and treaties to manage transboundary pollution.

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Point Source Pollution

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Pollution coming from a single identifiable source, such as a pipe or ditch. Environmental law addresses point source pollution through permitting systems like the National Pollutant Discharge Elimination System (NPDES).

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Clean Water Act

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A law intended to regulate the discharge of pollutants into the waters of the United States and to maintain and restore water quality. Key in environmental law for setting wastewater standards for industry.

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Environmental Permit

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Permission granted by a government or regulatory body allowing the permit holder to engage in an activity that could have an environmental impact. In environmental law, permits are often required for discharges, emissions, and other environmentally significant activities.

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Easement

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A right to cross or otherwise use someone else's land for a specified purpose. In environmental law, easements can be used for conservation purposes or to ensure access to natural resources.

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Carbon Footprint

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The total amount of greenhouse gases produced to directly and indirectly support human activities, usually expressed in equivalent tons of carbon dioxide (CO2). Environmental law may require the measurement and reduction of carbon footprints for individuals and corporations.

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Biodiversity

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The variability among living organisms on the earth, including diversity within species, between species, and of ecosystems. Environmental law seeks to protect biodiversity through various regulations and treaties.

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Resource Conservation and Recovery Act (RCRA)

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Governs disposal of solid waste and hazardous waste. In environmental law, it is crucial for waste management and tracking hazardous waste from 'cradle to grave.'

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Sustainable Development

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Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. In environmental law, this concept guides policies and legislation for long-term environmental stewardship.

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Brownfield

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A property whose use may be complicated by the presence or possible presence of a hazardous substance, pollutant, or contaminant. Brownfields are targeted for redevelopment and remediation under environmental law.

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Climate Change

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A change in global or regional climate patterns, in particular a change apparent from the mid-to-late 20th century onwards attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels. Environmental law incorporates measures to combat climate change through emissions reduction and renewable energy policies.

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Ecological Footprint

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A measure of how much area of biologically productive land and water an individual, population, or activity requires to produce all the resources it consumes and to absorb the waste it generates. Environmental law may use this concept to guide sustainability efforts.

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Ecosystem Services

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The benefits that humans freely gain from the natural environment and from properly-functioning ecosystems. Environmental law seeks to protect these services through conservation and sustainable use.

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Public Participation

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The process by which public concerns, needs, and values are incorporated into governmental and corporate decision-making. Environmental law often mandates public participation in environmental decision-making processes.

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Best Available Technology (BAT)

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The most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values. Environmental law employs BAT to minimize pollution and protect the environment.

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Non-Point Source Pollution

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Pollution that does not originate from a single discrete source; it is often the cumulative effect of small amounts of contaminants gathered from a large area. Environmental law struggles with this type of pollution due to its diffuse nature.

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