Key Terms
Example
Expanding a ski area on U.S. Forest Service land required an EIS because federal approval was needed.
Four methods
Purchase, inheritance, gift, adverse possession.
Examples
Homeowners association rules requiring approved paint colors; prohibitions on building pools.
Commonly used for
Minors under 18, elderly individuals, people with disabilities.
Courts balance
Utility of the act causing the problem versus harm to neighboring property owners.
Examples of public use
Building or expanding highways, public transport, public housing.
Passed
1972 by Congress. Purpose: regulate water quality of navigable waters; protect recreational use, fish, and wildlife.
Penalties
Same structure as Clean Air Act: daily fines, punitive damages, criminal liability for officers who knowingly and willfu
Examples of toxic waste
Arsenic, asbestos, clinical waste (syringes), cyanide, lead, mercury. Commonly found in batteries, electronics, and hous
Superfund philosophy
The polluter pays.
Required by
National Environmental Policy Act (NEPA).
When required
Before any major federal action that significantly affects the quality of the human environment; also required for priva