Environmental Lawyer Minnesota

Sustainable development is the fundamental theme underlying Environmental legislation, which means that the needs of present must be met without compromising the ability of the future generations to meet their own needs. The sustainability theme is supported by the Polluter Pays Principles, Precautionary Principle and Preventive Principle.

The Polluter Pays Principles means that the Polluter should bear the expenses of carrying out pollution prevention and control measures in order to ensure that the environment is in an acceptable state. In other words, the cost of these measures should be reflected in the cost of goods and services which cause pollution in production or consumption. This principle is based on the premise that those responsible for causing pollution or who benefit from it must bear the cost of its consequences.

It is, however, difficult to determine what constitutes pollution and who the polluter is. For example, science can fail to provide certainty on the harmful impacts of certain activities. This is why the European Commission adopted the Precautionary Principle in 2000. It states that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used for postponing cost-effective measures to prevent environmental degradation.

Closely linked with the Precautionary Principle is Preventive Principle which aims at the prevention of environmental harm as an alternative to remedying harm already caused. The adoption of Best Available Techniques (BAT) under the Integrated Pollution Prevention regime is one example of the application of this principle. Other example includes the powers of enforcement agencies to serve works or enforcement notices for the prevention of pollution as a precaution.

The above principles have direct practical implications especially in disputed legal cases. For instance, in 1998 the European Commission banned the use of four antibiotics as additives in animal foodstuffs on the grounds that there was a risk of increasing resistance to the antibiotics in animals and such resistance could be transmitted to human beings through consumption. The sole manufacturer of one of the banned antibiotics, Pfizer, sought to challenge the ban primarily on the ground that there had been an unlawful application of the Precautionary Principle. Pfizer argued that a scientific assessment of risk was a condition precedent of the application of Precautionary Principle and that no proper assessment had been carried out. In the alternative, if a risk assessment had been carried out, Pfizer argued for a much higher standard of proof than had been accepted by the European Commission.

The Court of First Instance disagreed with Pfizer’s interpretation of the Precautionary Principle, noting that the application of the principle could not be based on a hypothetical risk, but was acceptable in situations in which a risk existed even if the risk could not be fully demonstrated. Accordingly, the Court found that the Commission and other Community institutions had acted lawfully when they had relied upon the scientific advice given to them.

Likewise the English courts have strictly interpreted environmental laws in line with the above principles. In the R v. Dovermoss Ltd [1995] case slurry had been spread on farmland. Subsequently a stream had become blocked and changed its course so that it ran over the field, causing the slurry to contaminate spring water with levels of ammonia in excess of the levels prescribed under EC drinking water legislation. The Court of Appeal held that ‘polluting’ requires simply that a likelihood or capability of causing harm to animals, plants, or those who use the water could be demonstrated; actual harm is not necessary. Even mere discolouring may be sufficient, at least for the matter to be ‘polluting’.

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Muhammad Zubair Abbasi – Environmental Law for Polymer Users

http://www.elpu.net

Some of the major environmental laws in the United States pay special attention to waste, recycling and environment. In fact, many of the big artificial lakes in the nation manage resources that otherwise could cause a major problem to the population of the surrounding regions.

In 1965, the Shoreline Protection Act Solid Waste Disposal Act created awareness about contamination of oceans, where all the waste ended up, without passing a proper process to avoid or lessen the environment impact and protect the marine flora and fauna.

During 1972, the efforts for recycling waste materials and protect the shorelines continues after the bill of three proposals that today are part of environmental law: the Ocean Dumping Act, the Coastal Zone Management Act, and the Marine Protection, Research, and Sanctuaries Act.

Environmental services enforced the law, making sure that every industry created biotechnologies for the proper management of the waste, recycling material, and protecting the environment and their workers. Hence, the 1980’s were the scenery of a new major concern: Asbestos.

Asbestos became the silent killer on planet earth, contaminating the environment in so many ways. In 1980, the Asbestos School Hazard Detection and Control Act were issued after the Environmental services detected the health problem in students and pollution in the air.

In 1984 and 1986 respectively, three new laws were added to the effort in controlling Asbestos in the U.S.A.: the Asbestos School Hazard Abatement Act, the Asbestos Hazard Emergency Response Act, and the Emergency Planning and Community Right to Know Act.

While these bills were passed to law, other findings in waste were bearing in mind. Defecation and industrial waste were not as harmful as medical, mineral and nuclear materials drown without recycling process. Environmental services surveyed some areas and found evidence to support new bills that today are part of the environmental law.

Laws issued to regulate this problem were the 1976 Toxic Substances Control Act, the 1977 Surface Mining Control and Reclamation Act, the 1978 Uranium Mill-Tailings Radiation Control Act. In the 1980s, nuclear awareness began with the 1982 Nuclear Waste Policy Act, the 1988 Medical Waste Tracking Act, and the 1999 Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, among others.

Proper management of waste contributes to keeping a healthy environment that is a benefit to all. Recycling, on the other hand, is more likely an aptitude that any citizen can take any day performing little actions that contribute to the wellness of the world.

Natalie Aranda writes on environment. Some of the major environmental laws in the United States pay special attention to waste, recycling and environment. In fact, many of the big artificial lakes in the nation manage resources that otherwise could cause a major problem to the population of the surrounding regions. Environmental services enforced the law, making sure that every industry created biotechnologies for the proper management of the waste, recycling material, and protecting the environment and their workers. Hence, the 1980’s were the scenery of a new major concern: Asbestos.

In recent years, construction contractors have discovered the importance of having a Construction Environmental Management Plan in order to begin work. The main reason why this has taken place is because society on a global level has become more conscious about the impact of human activities on the natural environment. As a result, governments in most countries have reacted through enacting environmental legislation that obliges contractors and/or companies to detail and assess the impact of a project on the surrounding environment before the green light to go ahead.

Environmental Law in Australia

In Australia, the primary environmental legislation at a federal level is called the Environment Protection and Biodiversity Conservation Act 1999. This legislation means that a Construction Environmental Management Plan (or otherwise known by the acronym CEMP) must be prepared before commencing any type of construction work.

In addition, the legislation specifies the penalties that you can incur if you are found to not be in compliance with the law. The softest penalty is a financial one, which can vary in size depending on each case. The harshest penalty by far is being prosecuted for environmental negligence. Nobody ever wants to face that prospect.

What to Include In an Environmental Plan

Before I go into what should be included in an environmental plan for a construction worksite, it’s important that I point out that the following is simply a guideline to base your own environmental plan on. It is not a definitive list and I would highly recommend that you visit your respective state government website to get more information. This is because legislation can vary slightly from state to state.

Here are the components that should be included in your plan:

- Description of the project to take place
- The objectives of the environmental plan
- Important contact numbers
- The requirements as outlined by legislation
- Working hours of the project
- Procedures for complaints and communication within the worksite
- Procedures for emergencies
- Non-conformance control
- Environmental training to be undertaken
- Environmental protection measures

Once again, the information presented above is simply a guideline to follow which may prove useful for those who have no idea about how to create a CEMP.

If you want to get your construction project off the ground as quickly as possible and have peace of mind, then you have no choice but to make a Construction Environmental Management Plan for your project.

Ensafe Planning Solutions is an Australian-based company offering professionally written & structured construction environmental management plans for small and medium sized contractors in the Australian construction industry. Download your own construction environmental management plan today from our website today.

In America today, two topics are guaranteed to arouse much spirited discussion and heated debate and these are the environment and the military. At the forefront of these issues is an institution who for the past 35 years of its existence has seldom taken the middle road. The Vermont Law School has taken the cudgels for two causes which are not only very much in the public eye, but may present America with some of its most difficult challenges yet.

Vermont Law School advocacies have never been easy as most advocacies usually are, but it is to the school’s credit that it has stayed on this course and offered a professional platform on which others with similar inclinations can use. Vermont Law School has championed a specialized study of environmental law and pioneered it to such an extent that the Master of Studies in Environmental Law (MSEL) it offers has been universally praised for its fluid blending of law, policy, science and ethics and other relevant interdisciplinary studies.

It has re-defined the boundaries of environmental practice and management and includes in its programs, crucial centers of study focusing on environmental law, energy, environmental tax policies, effective land use, natural resources and a legal clinic specifically for these areas of concern.

The Vermont Law School credo of “Law for the Community and the World” typifies the necessary perspective that environmental advocates believe would give everyone a true understanding of how environmental management can be crucial to humanity’s survival. Typical Vermont Law School programs, internships and academic immersions inevitably introduce students to the breathtaking vistas of the school’s South Royalton campus.

The stunning views and languid afternoons spent rowing on the White River that passes by the school serve to emphasize all the more, the urgency and significance of the school’s mission.

But the intensity of Vermont Law School causes in recent years has risen up a notch with the school’s refusal to adhere to the Solomon Amendment which was passed by the U.S. Congress to allow on-campus military recruitment in all colleges and universities. Refusal to cooperate meant losing federal funding.

Not surprisingly, the Vermont Law School became the only American law school to give up millions of dollars in funding as well as pursuing a legal case challenging the Solomon Amendment which it described as discriminatory. The school became a member of the Forum for Academic and Institutional Rights (FAIR) which took the case against the amendment all the way to the Supreme Court.

In March of 2006, the court ruled unanimously for the government citing that because the government can require campuses to allow military recruitment, it can withhold funding if that requirement is not followed.

But rather than see this as a set-back, the school continues on with its trailblazing efforts to be not simply controversial, but relevant to the needs and requirements of the community and the country. It also continues to expand its environmental advocacies, creating global partnerships with similarly inclined institutions and groups.

For its efforts, it is but fitting that the Vermont Law School has been hailed by the U.S. News and World Report as being one of 2008’s Best Graduate Schools in America and ranking first on the study of Environmental Law.

Francisco Segura owns and operates http://www.lawschoolreviews.net Law School

This is the right time to be searching for a green collar job, because the world is investing heavily into the environmental sciences. With petroleum prices as high as they are governments are finally giving incentives to companies who invest in alternative energy, in eco-friendly packaging, recycling, and other green initiatives. But getting a job in this ‘green’ niche isn’t easy without the right kind of college degree. Here are the top college degree programs for people interested in getting on the green train:

Environmental Science Degrees

What is it?

This is a large scientific field which includes some well known areas of study such as ecology, forestry, geology, and hydrology. Over the years, this arena has grown to also cover such areas as the soil sciences, natural resource conservation, atmospheric science, and some aspects of oceanography. And, no matter what area you choose to study, conservation and sustainability is the ultimate goal.

Course of Study and Curriculum

These degree programs provide a broad field of study natural and social sciences. This allows students to create their own focus of study as the progress in the department. Many college programs offer an interdisciplinary curriculum which incorporates courses from the natural and social sciences, as well as technology, business, law, and other fields. The knowledge from these courses allows students to have a better understanding on problems such as pollution, the human population, waste management, and wildlife conservation.

At the Graduate level, a Master of Science allows students to develop a specialized field of study. This advanced degree increases job value and is sometimes necessary for more advanced careers.

Careers

According to the Bureau of Labor and Statistics, the number of jobs for environmental scientists will grow more rapidly than average over the next 5-10 years.

With people focused on the environment, the work of scientists will remain critical to the goals of sustainability and conservation. Scientists are needed not only as watchdogs of the environment, but also as consultants when it comes to the education of the community. Their expertise is needed in areas of water quality, recycling, waste management, and various public and individual efforts to “go green.” Also, the continued implementation of federal and state policies and corporate regulations will continue to increase the need for trained workers.

Most professionals in the field find work in environmental protection, research, and natural resource conservation. And, as the need for workers increases across many employment sectors, scientists are now found working for government entities, public and private agencies, and non-profit companies, as well as in the world of academia as teachers and professors.

Environmental Studies Degrees

What is it?

This is an interdisciplinary field focusing on the interaction of humans and the environments, mainly the ecosystems of the planet. A wide ranging field, it can include various ecosystems and habitats, such as the natural and social environments, planned environments (urban), and the interrelationships among them.

Course of Study and Curriculum

Degree programs incorporate the natural (biology, physics, geology) and social sciences (philosophy and ethics, history, sociology, anthropology) and many fields in humanities, with the focus on learning about humans, society, and the relationships to the natural world. This is another field where students have the opportunity to develop their own course of study and academic focus.

Samples of courses offered at the University of Oregon:

- Climatology
- Physics of the Atmosphere
- Forest Biology
- Wetland Ecology & Management
- Human Ecology
- Population and Environment
- Political Ecology
- Ecological Energy Generation
- Environmental Alteration
- Geological Hazards
- Human Adaptation
- Human Population

Careers

The job market for professionals is expected to grow. As public consideration of issues concerning the environment and the management of natural resources increases, and as more government agencies and corporations are pushed to comply with environmental regulations and policies, the need for trained workers will increase.

Graduates find careers with large businesses and corporations, mainly focusing on policy compliance, or working for smaller companies in the field of resource management and conservation. Professionals also find work in panning, policy administration, and analysis.

Environmental Policy and Management Degrees

What is it?

This field relates to the use of natural resources and the connection to human and economic factors. It is an interdisciplinary field of study, incorporating everything from eco-related issues and policies to sustainable development and planning. It involves the supervision and control of the environment and natural resources, while optimizing sustainability and minimizing negative impacts.

Course of Study and Curriculum

The field focuses on the delicate relationship between the environment and its ecosystems and the development of business and industry. It is a broad field that can incorporate Urban Planning, EH&S, and even Environmental Science programs. Due to this wide range of study, students in this major study topics in the natural and social sciences, humanities, business, and law.

Careers

With the attention now paid to green concerns, there is an increasing demand for trained professionals to oversee movements to improve the quality of the environment, and to guide public efforts on the local, regional, and national fronts.

Graduates enter careers that focus on the financial and social aspects of business and eco-friendly practices. Careers are found in a wide range of areas including, advocacy and policy groups, and smaller business and non-profit entities, and as consultants for government agencies, public and private companies, and large corporations. People devote their careers to ensuring that governmental policies and regulations are strictly enforced.

Green Law Degrees

What is it?

Due to the increase of federal policies and regulations (there are now over 15 federal environmental statutes) that have been enacted to protect the environment from the problems of pollution and resource misuse, Green Law is a growing field. The field includes the application and enforcement of policy, the overseeing of corporate responsibility, the treatment of waste and the regulation of the sanitation industry, the testing and improvement of water and air quality, and the manufacturing of household goods, to name a few.

Course of Study and Curriculum

Green Law students study an interdisciplinary curriculum of law and science, which often includes courses in economics, ethics, and urban and regional planning.

Areas of Focus at Pace Law School:

- Pollution Control and Enforcement
- International and Comparative Environmental Law
- Land use
- Energy
- Climate Change

Courses Offered:

- Compliance and Enforcement
- Animal Law
- Protection of Cultural Resources
- Conservation Law
- Energy and Natural Resources
- Historic Preservation
- Ocean and Coastal Law

Careers

The growing awareness and concern over eco-issues has resulted in an evolving field of green law. Due to this, the demand for lawyers in the field is expected to increase over the next few years.

Lawyers are now found in major law firms across the country, in federal, state and local environmental agencies, and on staff at many nonprofit eco-organizations (Greenpeace). These lawyers represent public interest and advocacy groups (EPA), concerning adherence to federal policies.

Environmental Engineering Degrees

What is it?

This type of engineering involves the application of scientific and engineering practices to prevent environmental damage and to correct existing problems. People in this field are involved in the design, construction, and maintenance of structures and methods aimed at protecting the environment and sustainability. Involved in this is water and air quality control, waste management, alternative energy development and research, pollution research, and many other environmentally based practices.

Course of Study and Curriculum

Programs incorporate the natural, social, and physical sciences to analyze, correct, and improve the interactions society, technology, and the environment. While many schools are developing Environmental Engineering programs, most are still found in the main Engineering departments of universities across the U.S.

A bachelor’s degree is required for most engineering positions, however, engineers often continue their education with graduate degrees and certificate programs to stay updated on industry changes and to attain advanced positions.

Areas of Study at the University of Connecticut:

- Water Supply and Resources
- Systems Modeling
- Green Chemistry
- Waste Management (Solid, Wastewater, Hazardous Wastes)
- Atmospheric Systems and Air Pollution Control
- Environmental and Occupational Health
- Hydrology of Earth Resources

Careers

As the shift to alternative fuel and power sources increases and as more corporate regulations and eco-policies are enacted, personnel are needed to build, operate, and maintain technologies and machinery according to regulations. Over the next decade, the need for recent graduates in the field and transitional engineers will increase.

Green engineers work in the fields of waste water treatment, hazardous waste and materials control, and air and water quality control.

The United States and other developed countries have begun investing into clean energy research, slowly shifting away from total dependence on fossil fuels. One sees more hybrid cars on the road, and in every major newspaper there are weekly stories about new green collar jobs related to solar and wind power, biofuel development, and in other sectors. Lisa Jenkins, a freelance career writer for JobMonkey, breaks down opportunities in these industries, including where to pursue environmental science degrees both online and through traditional universities.

Government agencies are no longer exempt from environmental laws and a city or municipality must know those laws if they are to make decisions without getting themselves into trouble or cut off from County or Federal Funding. Thus, every city must understand that the water and air pollution they create, they are legally responsible for. It’s time for cities to clean up their act.

To help further illuminate this topic, I would like to recommend a very good book to read, especially if you are a city council person, attorney, industrial business owner, city employee or environmental non-profit member:

“Municipal Environmental Compliance Manual” Edited by Lisa Dowden and John McNurney. 1995.

Note: additional authors included are; Todd W. Filsinger, Mark S. Hegedus, Susanna M. Higgins, David A. Kahl, Mark Keyworth, David Kolker, Wendy S. Lader, Susan K. Lawson, and the folks at R.W. Beck in Denver Colorado.

In this book you will be introduced to the realities of where the EPA starts, stops and where the cities are to follow the letter of the law. The book has chapters on NPDES permits, oil and fuel management, hazardous waste and god forbid; Superfund Sites. Of course, there are chapters on other things such as pesticides, asbestos, air quality and safe drinking water; all of which are obviously paramount to the safety and welfare of the people.

Cities must have a good understanding of these things when buying and selling real estate, zoning, making city ordinances and rules for businesses and residences, otherwise the city can be liable for millions, or in some cases billions in fines from other agencies.

“Lance Winslow” – Online Blog Content Service. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/. Lance Winslow’s Bio

In the past government buildings and agencies were exempt from the environmental laws and rules of the cities and municipalities but no longer.  The city may cut off these agencies from fedral and/or state funding if environmental codes and procedures are not met.  Each and every city must know the policies that control water and air pollution that their building create.  You are now legally responsible to keep it clean!

A book by Lisa Dowden entitled “Municipal Environmental Complliance Manual” outlines why the regulations must be meet and what can happen if they are not.  If you are a city coucil person, lawyer, or business owner you should I highly recommend that you read the book so that you can stay withing regulations.

Cities must have a good understanding of these things when buying and selling real estate, zoning, making city ordinances and rules for businesses and residences, otherwise the city can be liable for millions, or in some cases billions in fines from other agencies.