EMS 3050: Final

Under what major regulation is NPDES under?

the clean water act

NPDES (National Pollutant Discharge Elimination System)

A Clean Water Act permitting system that requires point sources to obtain permits before discharging pollutants into US waters.

What is the importance of NPDES?

It provides enforceable limits, federal and state oversights, and sets technology-based standards.

What are TMDLS (Total Maximum Daily Loads)?

Pollution "budgets" that represent the maximum amount of a pollutant a waterbody can receive while still meet water quality standards.

How do States implement TMDLs?

The identify impaired waters, calculate TMDLs, and submit plans for EPA approval.

What are common water pollutants?

nutrients, pathogens, metals, sediment, and toxic chemicals

What are examples of nutrient pollutants?

Excess Nitrogen and Phosphorus that come from agricultural runoff and fertilizers.

What are examples of pathogen pollutants?

E. coli, Salmonella, Giardia, etc. that often pollute through mismanaged sewage.

What are examples of metal pollutants?

Main pollutants are mercury and lead, often stem from industrial discharge and old sewage pipes.

When are sediments considered pollutants?

When they carry attached contaminants like heavy metals, pesticides, nutrients, organic chemicals (PCBs), bacteria, pathogens or when there is excess amounts, usually stem from construction and erosion.

What are some oil and toxic chemical pollutants?

When industrial activity and spills occur, excess nutrients and organic chemicals pollute water ways with PCBs, etc.

What role does Louisiana and Baton Rouge DES have with CWA?

They are the enforcers. Louisiana's environmental agencies administer discharge permitting, inspections, and enforcement. Baton Rouge DES manages municipal water quality systems, stormwater, and sewage infrastructure in compliance with the CWA.

Clean Water Act Section 404

Requires permits for discharging dredged or fill material into wetlands and other waters. Administered by the US Army Corps of Engineers and EPA; central to wetland protection.

TSCA (Toxic Substances Control Act)

Regulates industrial chemicals across their lifecycle (manufacture, processing, distribution, use, and disposal) to reduce unreasonable risks. Allows EPA to require testing and restrict harmful chemicals.

Lautenberg Chemical Safety Act (2016)

Modernized TSCA by requiring risk-based evaluations, mandating EPA review of existing chemicals, prioritizing transparency, and removing cost contributions from safety determinations.

FIRFA (Federal Insecticide, Fungicide, and Rodenticide Act)

Regulates the registration, sale, distribution, and use of pesticides. EPA evaluates risks and benefits and can restrict or cancel unsafe pesticides products.

Goals: Endangered Species Act (ESA)

Protects species at risk of extinction, promotes recovery, and safeguard critical habitats; even for species without measurable human benefits.

ESA: Main provisions

Includes listing species as endangered or threatened, designating critical habitat, prohibiting "take", and requiring federal agencies to avoid actions that jeopardize listed species.

ESA: implementing Agencies

US Fish and Wildlife Service (FWS) oversees terrestrial and most freshwater species; NOAA Fisheries oversees marine species.

CWPPRA (Coastal Wetlands Planning, Protection and Restoration Act)

A federal program funding coastal wetland restoration to slow land loss, protect habitats, and enhance ecosystem resilience.

What agencies partner with CWPPRA?

US Army Corps of Engineers, EPA, NOAA, Fish & Wildlife Service, USDA (NRCS), and the state of Louisiana

Clean Air Act (CAA)

Regulates air pollutants, sets national air-quality standards, and control emissions from mobile and stationary sources.

Montreal Protocol

An international treaty that phases our ozone depleting substances. Wildly considered one of the most successful global environmental agreements.

Massachusetts v. EPA (2007)

Supreme Court ruled that greenhouse gases are "air pollutants" under the clean air act, requiring EPA to determine whether they endanger public health/welfare; opening door to federal climate regulations.

Tennessee Valley Authority v. Hill (1978)

The supreme court halted construction of a nearly completed dam to protect an endangered fish, snail darter, emphasizing the ESA's strong protection of species over major economic projects.

West Virginia v. EPA (2022)

The Supreme Court ruled that epa exceeded its authority under the CAA by using the clean power plan to shift electricity generation from coal to cleaner sources. The court applied the major questions doctrine requiring clear congressional authorization for major regulatory actions.

West Virginia V. EPA

The decision limited EPA's ability to implement broad climate regulations, strengthened judicial scrutiny of agency power, and shifted responsibility to congress to explicitly authorize large-scale environmental and climate policy actions.

What prompted the creation of the Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA)?

CWPPRA was created in response to rapid and severe coastal land loss—especially in Louisiana—where erosion, subsidence, sea-level rise, and human activities were destroying wetlands at one of the fastest rates in the United States.

Why was Louisiana a focal point for CWPPRA's development?

Louisiana was losing tens of thousands of acres of wetlands annually, threatening ecosystems, wildlife habitat, storm-protection buffers, and coastal communities, making it a national restoration priority.

How are the Clean Water Act (CWA) and the Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) similar?

Both aim to protect aquatic ecosystems, reduce environmental degradation, and involve federal-state partnerships. They rely on long-term planning, scientific assessment, and regulatory or restoration tools to preserve water-related environments.

What is a major difference between the Clean Water Act (CWA) and CWPPRA?

The CWA is a national regulatory law focused on controlling pollution and enforcing water-quality standards, while CWPPRA is a restoration-focused law that funds and implements wetland protection projects—primarily in coastal Louisiana.

How are TSCA (Toxic Substances Control Act) and FIFRA (Federal Insecticide, Fungicide & Rodenticide Act) similar?

Both regulate chemicals that pose risks to human health and the environment and require EPA oversight, testing, and risk evaluation before chemicals or pesticides can be used or marketed.

What is a key difference between TSCA and FIFRA?

TSCA regulates industrial chemicals across their entire lifecycle, while FIFRA regulates pesticides specifically and bases approval on a risk-benefit analysis balancing toxicity and usefulness.

How are the Endangered Species Act (ESA) and CWPPRA similar?

Both aim to protect vulnerable ecosystems and species. ESA protects habitats critical for threatened and endangered species, while CWPPRA restores wetlands that support biodiversity and wildlife.

What is a key difference between the ESA and CWPPRA?

The ESA imposes enforceable prohibitions (such as "no take") and federal agency duties to protect species, whereas CWPPRA focuses on project-based restoration and does not impose restrictions on private landowners or federal agencies.

How are the Clean Air Act (CAA) and Clean Water Act (CWA) similar?

Both create national environmental quality standards, rely on state implementation plans, use permitting systems, and regulate pollution through cooperative federalism.

What is a key difference between the CAA and CWA?

The CAA regulates emissions into the atmosphere (air pollutants), while the CWA regulates discharges into surface waters and wetlands. Their permitting structures (NAAQS vs. NPDES) also differ.

How are TSCA and the Endangered Species Act different in regulatory purpose?

TSCA focuses on preventing chemical risks to human health and the environment by regulating the chemical industry, while the ESA protects threatened and endangered species regardless of economic cost, prioritizing ecological preservation.

What do FIFRA and the Clean Water Act have in common regarding pollution?

Both address pollutants that can enter the environment—pesticides under FIFRA and chemical/industrial pollutants under CWA—and both require federal oversight to reduce harm to ecosystems and human health.

What core challenges shape the design and effectiveness of U.S. environmental laws, and how do pollution control statutes (like the CWA or TSCA) differ from ecosystem management laws (like the ESA or CWPPRA) in addressing these challenges?

U.S. environmental laws are shaped by scientific uncertainty, the diffuse and long-term nature of environmental impacts, and the shared authority of federal, state, and local governments. Pollution control statutes focus on regulating human activities that generate pollutants through permits, standards, and risk-based requirements, while ecosystem management laws protect habitats, species, and ecological functions through restoration, land-use decisions, and conservation mandates. Together, they illustrate different legal strategies for managing complex environmental problems.