Question 1: 5 Points You Are The Development Manager For A D
Question 1 5 Pointsyou Are The Development Manager For A Developer
Question 1 (5 points): You are the development manager for a developer of commercial distribution centers. While surveying a new development site in Butler County near Gregory Creek (which is considered a federal navigable waterway), you step into a swampy field and get your boots muddied. You also find ten rusted barrels of an unknown liquid substance in the corner of the site - two of which appear to have a leak. While accessing the contents of the barrels, you notice a small reptile that you've never seen before wading in a puddle.
Based on these facts, what specific federal environmental laws will you need to investigate in order to develop the site? For each statute, give your reason why. Point back to the relevant facts that would bring that statute into consideration.
Paper For Above instruction
The scenario presents multiple environmental concerns that necessitate investigation under various federal laws before proceeding with the development of the distribution center site near Gregory Creek in Butler County. Key issues include the proximity to a navigable waterway, the presence of hazardous waste, and the observation of potentially endangered wildlife. Therefore, the primary federal statutes relevant to this case are the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), and the Endangered Species Act (ESA).
Clean Water Act (CWA)
The CWA is pivotal because Gregory Creek is considered a federally navigable waterway. The law aims to restore and maintain the integrity of the nation’s waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. Since the site is adjacent or near Gregory Creek, development activities must evaluate whether they would cause discharges of pollutants into waters of the United States, including wetlands. The presence of contaminated barrels and muddy terrain further raises concerns about potential runoff and pollution, which are regulated under the CWA’s permits for discharges (33 U.S.C. § 1251 et seq.).
Resource Conservation and Recovery Act (RCRA)
The discovery of ten rusted barrels containing an unknown liquid substance, with two leaking, directly implicates RCRA. This law governs the management of hazardous wastes from their point of generation to disposal. The rusted barrels, if classified as hazardous waste, must be managed according to strict regulations, including proper labeling, containment, and disposal procedures. The fact that the barrels are leaking suggests possible environmental contamination, increasing the importance of compliance with RCRA to prevent pollution and protect human health and wildlife.
Endangered Species Act (ESA)
The observation of a previously unseen reptile in a puddle indicates the potential presence of an endangered or threatened species. The ESA aims to protect species at risk of extinction and their habitats. If this reptile is listed under ESA, development activities could be restricted or require modifications to avoid harming the species or its habitat. The discovery warrants consultation with U.S. Fish and Wildlife Service (USFWS) to determine the species' status and necessary protective measures.
Additional Considerations
Besides the core statutes, other environmental regulations such as the National Environmental Policy Act (NEPA) might require an environmental impact assessment, especially if federal permits are involved, or federal funding is used for the project. Environmental investigations under these laws ensure that development proceeds responsibly without causing undue harm to water bodies, wildlife, or public health.
References
- United States Environmental Protection Agency (EPA). (2022). Clean Water Act (CWA). https://www.epa.gov/laws-regulations/summary-clean-water-act
- United States Environmental Protection Agency (EPA). (2023). Resource Conservation and Recovery Act (RCRA). https://www.epa.gov/rcra
- U.S. Fish and Wildlife Service. (2021). Endangered Species Act (ESA). https://www.fws.gov/laws/laws-processing/esa.html
- Sanderson, J., & Morris, R. (2020). Environmental Law and Policy. Wolters Kluwer.
- Wilkinson, C. (2018). Ecological Restoration. Island Press.
- Brisbin, I. L., et al. (2019). Wildlife and Wetlands: Legal and Policy Perspectives. Journal of Environmental Management, 251, 109447.
- Chamberlin, J. (2020). Navigable waters and the implications for environmental law. Environmental Law Review, 22(4), 273-291.
- Hogue, C. (2017). Hazardous waste management: RCRA regulations explained. Environmental Science & Technology, 51(2), 83–89.
- Smith, A., & Reed, P. (2021). Endangered species and habitat protection in development projects. Conservation Biology, 35(3), 626–635.
- Federal Register. (2019). Regulations implementing the Clean Water Act. 84 FR 246, 61442-61467.