Understanding Significant Harm To The Environment: Legal Definition and Implications

Q: Are all discharges considered significant?

No, only those that meet specific criteria outlined in federal regulations.

Q: What should I do if I witness a discharge?

Document the details and report it to the appropriate authorities immediately.

Definition & Meaning

Significant harm to the environment refers to specific types of discharges that can negatively impact U.S. waters. This includes:

Discharges of oil or hazardous substances in navigable waters in amounts that meet or exceed defined reportable quantities.
Discharges of oil or noxious liquid substances in excess of permitted limits in other U.S. waters, including the Exclusive Economic Zone (EEZ).
Probable discharges of harmful substances based on various factors, such as the vessel's condition, location, and environmental conditions.

Table of content

Legal Use & context

This term is primarily used in environmental law and maritime regulations. It is relevant to cases involving:

Environmental protection and compliance.
Maritime operations and shipping regulations.
Legal actions related to pollution and environmental damage.

Individuals and businesses may need to use legal forms related to environmental assessments, reporting discharges, or compliance with regulations, which can be managed through US Legal Forms templates.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of significant harm to the environment:

A tanker accidentally spills oil into a navigable waterway, exceeding the reportable quantity defined by federal law.
A cargo ship discharges hazardous materials while operating in the EEZ, violating established discharge limits. (hypothetical example)

Relevant laws & statutes

Key regulations related to significant harm to the environment include:

46 CFR 4.03-65 " Definitions related to marine casualties and investigations.
40 CFR 110.3 " Regulations on the discharge of oil.
40 CFR part 117 " Reportable quantities for hazardous substances.
33 CFR 151.10 and 151.13 " Regulations on discharges during ship operations.
Sections 153.1126 and 153.1128 " Regulations on noxious liquid substances.

Comparison with related terms

Term	Definition	Difference
Environmental Harm	General damage to the environment.	Significant harm is a specific legal threshold involving measurable discharges.
Pollution	Contamination of natural resources.	Pollution can be broader and may not always meet the criteria for significant harm.

Common misunderstandings

What to do if this term applies to you

If you believe you are involved in a situation that may constitute significant harm to the environment, consider the following steps:

Document the incident thoroughly, including the type and amount of substance discharged.
Consult environmental regulations to determine compliance requirements.
Explore US Legal Forms for templates related to reporting and compliance.
If the situation is complex, seek professional legal advice to navigate potential liabilities.

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Quick facts

Attribute	Details
Typical Fees	Varies by case; legal fees may apply for compliance and litigation.
Jurisdiction	United States federal and state waters.
Possible Penalties	Fines, cleanup costs, and legal actions may result from violations.

Key takeaways

Frequently asked questions

What qualifies as significant harm to the environment?

It includes specific discharges of oil or hazardous substances that meet or exceed legal thresholds.