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Overview: Key Federal Environmental Laws


Did you know that there are over ten major federal laws that deal with protecting the environment and the health and safety of U.S. residents? And this is not counting the multitude of other federal acts, rules, and regulations that also deal with the environment. Beyond the federal laws, rules, and regulations there are also scores of environmental laws that have been enacted by the states or local governments. Following is a summary of the major federal environmental laws.

The Clean Air Act

The Clean Air Act was passed in 1970 and contains detailed provisions that regulate air emissions from various different sources. Ensuring compliance with the Act, as with most other federal environmental laws, is the responsibility of the U.S. Environmental Protection Agency (EPA). In that regard, the EPA was empowered by the Act to create National Ambient Air Quality Standards (NAAQS), which set acceptable levels of emissions from both stationary and mobile sources.

Initially, it was the goal of the EPA to establish and reach NAAQS for all areas of the country by 1975. Unfortunately, the goal was not achieved, and in 1977 the Act was amended to create, in effect, an extension of the deadline for areas that had not reached compliance levels.

Later, in 1990, the Act was again amended to address areas of concern that had come to the forefront in the twenty years since the Act was put into effect. For example, the initial version of the Act either did not address, or did not sufficiently address, issues such as acid rain, ozone depletion, and air toxins.

The Clean Water Act

The Clean Water Act was passed in 1977 as an amendment to the Federal Water Pollution Control Act of 1972. As with the Clean Air Act, the Clean Water Act is enforced by the EPA, with assistance in particular matters from state agencies or entities. In a nutshell, the Clean Water Act makes it unlawful for any person to discharge any pollutant from a source point into navigable waters of the United States unless he or she have obtained a special permit allowing such activity from the EPA. Ten years after its enactment, the Clean Water Act was amended to include provisions which focused on toxic pollutants, authorized citizen suits (as opposed to just government enforcement actions), and funded sewage treatment plants.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

In 1980, Congress passed CERCLA for the purpose of addressing how uncontrolled or abandoned hazardous waste sites, accidents, spills, and other emergency releases of pollutants or contaminants should be handled. The Act creates a federal "Superfund" to clean up, contain, or remove pollutants and hazardous materials in these situations.

CERCLA is enforced by the EPA. Under the Act, the EPA has the power to hunt down the parties responsible for the unsafe abandonment, spill, or release and require their participation in clean-up efforts. If the releaser cannot be found, or refuses to cooperate, the Act gives the EPA responsibility for cleaning up orphaned sites or situations. Once a "response action" to a situation is completed, CERCLA allows for the EPA to recover the costs of the action from financially solvent individuals and companies who were involved.

See also the "Superfund Amendments and Reauthorization Act (SARA)," below.

The Emergency Planning & Community Right-to-Know Act (EPCRA)

In 1986, Congress enacted the EPCRA, which is also known as Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). The EPCRA is designed to provide assistance to local communities in protecting the public health, safety, and environment from chemical hazards.

Under the EPCRA, each state is required to create and maintain a State Emergency Response Commission (SERC), which is divided into Emergency Planning Districts. Each district must have a Local Emergency Planning Committee (LEPC). The SERCs and LEPCs are responsible for providing the community with information on chemical hazards that may affect the public and the dissemination of procedures to be followed in the event there is an emergency hazardous situation.

The Endangered Species Act

The Endangered Species Act is a unique piece of legislation that was passed in 1973. The purpose of the Act is to protect, and hopefully repopulate, threatened or endangered plants, animals, and animal habitats. Many species of plants and animals are in danger of extinction due to the impact of humans and pollutants, irritants, and toxins released into their environments.

The U.S. Fish and Wildlife Service of the Department of the Interior maintains a list of over 600 endangered plant and animal species, and almost 200 threatened species. Under the Endangered Species Act, anyone can petition to prohibit activities that may have an adverse effect on either endangered or threatened species.

Federal Insecticide, Fungicide & Rodenticide Act (FIFRA)


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