Essay Available:
Pages:
4 pages/≈1100 words
Sources:
10
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 17.28
Topic:
Final Exam
Essay Instructions:
Hello writer.
I want you to help me to do this undergraduate-level environmental law assignment.
I attached one PDF file with everything you need to complete this assignment. In the end, there are three cases, four statutes, two regulations, and one additional resource you need to look at. I attached both cases and the additional resource. You can find statutes, for example, the first one at https://www(dot)law(dot)cornell(dot)edu/uscode/text/33/1311, and the rest on the same website. You can find regulations, for example, the first one at https://www(dot)ecfr(dot)gov/current/title-33/chapter-II/part-328/section-328.3, and the rest on the same website. Here is the link for the additional resource: https://www(dot)epa(dot)gov/wotus/current-implementation-waters-united-states#:~:text=40%20CFR%20120.2%20%28a%29%20Waters%20of%20the%20United,seas%3B%20or%20%28iii%29%20Interstate%20waters%2C%20including%20interstate%20wetlands%3B
• No more than 5 pages, double-spaced, total, for all parts of questions 1 (A-D) and 2. No more than 1/2 page, double-spaced, for question 3
• Times New Roman, 12-point font, 1-inch margins.
• The fact pattern and materials linked below are your “closed library” for use to respond to prompts 1 A-D. Your response to prompts 1 A-D below may be based on and discuss only the fact pattern and materials in the “closed library” that follow the fact pattern.
• Your response to prompts 2-3 may be based on the fact pattern and any other materials you wish, so long as the content of your response is consistent with the AI Rule.
Essay Sample Content Preview:
Environmental Law Examinations
Student’s Name
Institutional Affiliation
Environmental Law Examinations
Question 1: Clean Water Act Citizen Lawsuit Advice
(a) Explain the NPDES program under the Clean Water Act.
The National Pollutant Discharge Elimination System (NPDES) is among the most fundamental environmental programs that guide the management of pollutants in the US. The NPDES program is confined to Section 402 of the Clean Water Act. Its principal objective is to control water pollution by regulating the discharge of pollutants into the water bodies within the US. The program has a regulatory framework to ensure its implementation. To the effect of effective adherence to its requirements, there is an NPDES permit that organizations that discharge pollutants must acquire. The permit outlines the limits on the amount and types of pollutants that can be expelled into navigable water bodies within the US. Further, Section 402 of the Clean Water Act specifies the monitoring and reporting frameworks for NPDES to encourage complete compliance among the stakeholders. For instance, the Environmental Protection Agency (EPA) is mandated to oversee the implementation of NPDES directly. Additionally, individual states can oversee the implementation of the program with approval by the EPA.
NPDES plays a primary role in protecting navigable water bodies in the US from pollution. Structurally, the program fosters the prevention of water pollution by regulating the point sources of such pollutants. As such, some of the stakeholders that fall within the NPDES regulatory framework include municipal wastewater treatment facilities, industrial plants, or any other facilities that discharge their wastewater directly into surface waters. Both administrative and judicial avenues can be explored to enforce NPDES permits. Those who violate the permit regulations are vulnerable to either criminal or civil penalties. Sackett v. United States EPA (2021) is among the cases that are used to set precedent in cases concerning the implementation of NPDES. The Sackett v. United States EPA (2021) highlights the need for stakeholders to understand the limits of the regulatory jurisdiction under the NPDES program.
b. The Gwaltney of Smithfield v. Chesapeake Bay Foundation Case
The Gwaltney of Smithfield v. the Chesapeake Bay Foundation case highlights the scope of citizen suits under the Clean Water Act. Gwaltney of Smithfield v. Chesapeake Bay Foundation case was decided by the US Supreme Court and fostered the scope of application of 505(a) of the Clean Water Act, also known as the Federal Water Pollution Control Act, 33 U. S. C. § 1365(a). The contention in this case was based on a determination of whether citizen suits under the Clean Water Act could be based on wholly past violations. The case invo...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now: