US Environmental Law

Overview of US Environmental Law objectives

US Environmental Law is intended to achieve a broad range of objectives. Some of the key goals include:

• Promoting sustainable development and resource management
• Preventing or minimizing pollution and waste production
• Protecting and restoring ecosystems, wildlife, and biodiversity
• Ensuring public health and safety
• Fostering public participation, awareness, and education

Role of Federal and State Governments in US Environmental Law

The implementation and enforcement of US Environmental Law involve cooperation between federal and state governments. While federal laws provide a framework and set guidelines for environmental protection, state governments have the authority to implement and enforce these laws. This collaborative approach ensures that environmental policies and regulations are tailored to the specific needs and concerns of each state. The following table highlights the roles and responsibilities of each level of government:

In certain situations, state governments may be granted the authority to enact their own environmental regulations, provided that they are as strict, if not tighter, than the federal guidelines. This allows states to address unique environmental challenges or prioritize specific conservation efforts. Moreover, some state governments have implemented additional measures to further protect their environment and improve citizens' quality of life.

US Environmental Law Examples

In this section, we will discuss some of the most significant and well-known examples of US Environmental Law, focusing on the Clean Air Act, Clean Water Act, and Endangered Species Act.

Clean Air Act

The Clean Air Act (CAA) was first enacted in 1963 and extensively amended in 1970 and 1990. It is one of the most comprehensive air quality laws in the world. The primary goal of the CAA is to protect public health and the environment by controlling the emissions of pollutants from various sources. Important provisions of the Clean Air Act include:

• National Ambient Air Quality Standards (NAAQS): These standards regulate the concentration levels of six common air pollutants, known as "criteria pollutants": ozone, fine particulate matter, nitrogen dioxide, sulfur dioxide, carbon monoxide, and lead. States are required to develop plans to meet these standards.
• New Source Performance Standards (NSPS): These standards are aimed at controlling emissions from newly built, modified, or reconstructed stationary sources, such as industrial facilities, power plants, and factories.
• Hazardous Air Pollutants (HAPs): The CAA regulates emissions of nearly 190 HAPs from specific industrial categories of facilities known as "major sources."
• Stationary source permitting: Facilities that emit significant levels of air pollution may need permits under the CAA's Title V permitting program, which outlines operating requirements and compliance measures.
• Mobile Source Regulation: Vehicles are subject to emission standards for common air pollutants and greenhouse gases.
• Acid Rain Program: This program aims to reduce sulfur dioxide and nitrogen oxide emissions from power plants, which contribute to acid rain and other environmental problems.

Clean Water Act

The Clean Water Act (CWA) was enacted in 1972, with the goal of restoring and maintaining the nation's waters by regulating pollution discharge into surface waters. Some of the key provisions of the CWA include:

• National Pollutant Discharge Elimination System (NPDES): The CWA requires that facilities that discharge pollutants into the waters of the United States obtain an NPDES permit, which specifies limits on the amount and type of pollutants that can enter the water.
• Water Quality Standards (WQS): These standards are set by each state to protect the designated uses of their water bodies, such as drinking, recreation, and aquatic life support. They include numeric criteria for specific pollutants and narrative criteria addressing general water quality conditions.
• Total Maximum Daily Load (TMDL): When a water body consistently fails to meet water quality standards, a TMDL is developed to limit the amount of a pollutant that can be discharged into the water body on a daily basis.
• Section 404 Permitting Program: The CWA regulates the discharging of dredged or fill material into waters of the United States, including wetlands, by requiring a permit from the US Army Corps of Engineers.
• Nonpoint Source Pollution Control: The CWA provides grant funding and technical assistance to states to address nonpoint source pollution, which is caused by rainfall or snowmelt moving over land and carrying pollutants into surface waters.

Endangered Species Act

The Endangered Species Act (ESA) was enacted in 1973 with the aim of conserving endangered and threatened species and their habitats. The ESA covers animals and plants, both terrestrial and aquatic, and its primary mechanisms include:

• Listing Species: The US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration determine whether a species should be listed as endangered or threatened based on scientific data and assessments of its status and threats.
• Protecting Critical Habitat: Once a species is listed as endangered or threatened, the agencies must designate a critical habitat, which includes geographic areas essential for the species' survival and recovery. This designation helps guide federal consultation, planning, and land management decisions.
• Prohibiting "Take": The ESA prohibits the "take" of listed species, which includes actions that harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect a listed species, or attempts to do so. Some exceptions may be granted through permits or incidental take statements.
• Section 7 Consultation: Federal agencies must consult with either the US Fish and Wildlife Service or the National Oceanic and Atmospheric Administration to ensure that any action they authorize, fund, or carry out does not jeopardize the continued existence of listed species or adversely modify critical habitat.
• Recovery Planning and Implementation: The ESA requires the development and implementation of recovery plans for listed species, outlining actions necessary for their conservation and recovery. Plans may include habitat restoration, research, and monitoring.

US News Environmental Law Programs

US News and World Report ranks the Top Environmental Law programs in the United States, allowing prospective students to explore the best programs in the field. These rankings are based on surveys of law faculty who teach environmental law courses and are involved in research. Here are the top five US News Environmental Law Programs:

1. Lewis & Clark Law School (Portland, Oregon)
2. University of California, Berkeley School of Law (Berkeley, California)
3. Georgetown University Law Center (Washington, D.C.)
4. Vermont Law School (South Royalton, Vermont)
5. New York University School of Law (New York, New York)

Environmental Law programs differ in their focus and curriculum, with schools offering various specializations, such as public interest law, natural resources law, energy law, and climate law. In choosing the right program, aspiring environmental lawyers should consider factors like location, faculty expertise, experiential learning opportunities, alumni networks, and career placement support.

US Environmental Law Timeline

In this section, we will explore the evolution and significant milestones in the development and growth of US Environmental Law. This historical overview helps to better understand the progress and changes in environmental protection policies over time.

Early Initiatives in Environmental Law

Although modern US Environmental Law is often associated with landmark legislation from the 1960s and 1970s, environmental regulation efforts in the United States can be traced back to the early 1800s. The following list highlights some significant early milestones:

• In 1804, the US Supreme Court case Gibbons v. Ogden established the authority of the federal government to regulate navigable waters, laying the groundwork for future water legislation.
• In 1851, the California legislature enacted the first air quality law to regulate smoke emissions from steam engines and locomotives.
• The creation of Yellowstone National Park in 1872 marked a significant step forward in conserving natural landscapes and wildlife habitats.
• In 1899, the Rivers and Harbors Act aimed to protect waterways from obstruction and pollution by requiring permits for discharging refuse into navigable waters.
• The Antiquities Act of 1906 granted the President power to create national monuments and preserve historic and prehistoric landmarks.

1970s: Decade of Major US Environmental Law development

The 1970s is often considered the "environmental decade," when a surge of environmental legislation emerged in response to growing public concern and awareness of pollution, habitat destruction, and other environmental problems. Some of the most significant milestones from that decade include:

• Creation of the Environmental Protection Agency (EPA) in 1970, tasked with the enforcement of environmental laws and coordination of federal efforts to protect the environment and public health.
• In 1970, the Clean Air Act was amended with a comprehensive framework to regulate air pollution from both stationary and mobile sources, laying the foundation for the modern air pollution control regime.
• The establishment of the Clean Water Act in 1972 set up a regulatory system for controlling point-source pollution discharge, as well as provisions for addressing nonpoint-source pollution.
• The Endangered Species Act of 1973 created a conservation framework to protect and recover at-risk species and their habitats.
• Enactment of the Resource Conservation and Recovery Act (RCRA) in 1976 established a cradle-to-grave hazardous waste management program to protect human health and the environment from improper disposal practices.
• The Toxic Substances Control Act of 1976 gave the EPA authority to require reporting, record-keeping, and testing requirements for chemical substances and regulate them when deemed necessary.

Expansion and Evolution of US Environmental Law since 1980

Since the 1980s, US Environmental Law has evolved and expanded to address emerging environmental challenges and adapt to legal, policy, and scientific developments. Some noteworthy milestones from this period include:

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund, passed in 1980, established a program for the identification, investigation, and cleanup of contaminated sites resulting from hazardous substance releases.
• The Clean Air Act Amendments of 1990 introduced the Acid Rain Program to reduce sulfur dioxide and nitrogen oxide emissions and established controls for hazardous air pollutants, among other provisions.
• In 1992, the Energy Policy Act aimed to reduce the nation's dependence on foreign oil, promote domestic energy production, and increase energy efficiency, including the establishment of the Renewable Fuel Standard.
• The Safe Drinking Water Act Amendments of 1996 required stricter drinking water standards, an emphasis on source water protection, and right-to-know provisions for consumers about their water quality.
• The 2007 case Massachusetts v. EPA resulted in the Supreme Court ruling that the EPA has the authority to regulate greenhouse gases under the Clean Air Act, leading to increased federal efforts to address climate change.

Overall, since the early days of environmental regulation to the present, US Environmental Law has evolved to address new and complex environmental challenges, involving a wide range of approaches and instruments. As our understanding of the interconnectedness of the environment and human society deepens, further developments in environmental law and policy can be expected.