U.S> Environmental Policy

TSCA ( cradle, “how toxic is this?” )

• Toxic substance control act (1976): Major federal law governing the manufacture of chemical substance in U.S.

• It gave EPA authority to identify, evaluate and regulate risks associated with the full life cycle of both existing and new commercial chemicals. 

• The chemicals have to pose a risk of injury to health or the environment, over 60,000 chemicals were grandfathered in, and 82,000 + chemicals into commercial use. 

• Only a handful are regulated , only 9 have been banned: Lead, PCBs, Dioxin, Asbestos, Hexavalent 

RCRA ( grave, “how do we handle toxic chemicals?” )

• Resource Conservation and Recovery Act (1976): Monitors transportation, generation, storage “ cradle to grave” jurisdiction

• treatment of chemicals/disposal

• seeks to prevent the creation of toxic waste dumps by setting standards for the management of hazardous waste

• Mostly implemented and regulated by the EPA

Endangered Species Act 1973

 It was designed to protect and recover endangered species of fish, wildlife, and plants in the U.S. the law. (U.S fish and wildlife service ) 

CEQ

• established as a part of NEPA (1969 ) 

• oversees the NEPA process

• Provides data collection, previously did briefing and expert advise 

• as of 2025, the recommendations on the NEPA process are nonbinding 

What law did Frank R. Lautenburg amend? ( TSCA )

he amended TCSA, the amendment established mandatory requirements for the EPA to evaluate existing chemicals, conduct risk assessments

What does the Department of Agriculture manage?

The U.S. Forest Service

ONRR

• Office of national resource revenue

• energy revenue: the revenue companies pay to drill and mine, the energy revenue is the percentage royalty

• the top states for ONRR revenue in FY2024: Wyoming, Texas, New Mexico, North Dakota ( wind solar, natural gas, offshore production )

Essay Question: Environmental ideologies, History of environmentalism and how that turned into earth day movement 1970s competing ideologies

• cornucopianism and environmentalism 1950s-1960s and passing all those laws 

What is enforced by the endangered species program ( ESA )

• Official listing of endangered species

• designating critical habitats, implement recovery plans for species 

• enforce regulations that directly effect species and habitat 

EPA is in charge of…

• toxic waste

• clear air

• clean water

clean air act (1970)

sets goals and standards for the quality and purity of air in the U.S. ( amended in 1990) It toughens air quality standards and placed emphasis on market forces to control air pollution. ( saved 4 million lives NAAQ Pollutants )

•Involves permitting for stationary sources, auto emission standards, and can have severe penalties for offenders.

•NAAQS Standards

State Implementation Plans ( SIPs)

• private entities, input public

• must be confirmed by the EPA

• Tribal entities

NEPA Process

•NEPA establishes national environmental policy and goals for the protection, maintenance, and enhancement of the environment and provides a process for implementing these goals within the federal agencies.”

• NEPA is a brief statute

• •Also established the Council on Environmental Quality (CEQ will be discussed in detail in later lectures). CEQ still oversees NEPA and serves as final review for Env. Assessments and Env. Impact Statements (unless otherwise challenged in court).

•Environmental Impact Statements (EIS)

Detailed evaluations of the proposed action and alternatives.  The public, other federal agencies, and outside parties may provide input into the preparation of an EIS and then comment on the draft EIS when it is completed.

results of NEPA

•Many EAs and EISs are inadequate (some are never filed at all).

•Other times, actions go ahead because of the limited knowledge of a project’s impact.

•These deficiencies allow room for lawsuits (approximately 150/year in recent decades) filed by environmental organizations or citizen action groups. Ultimately this means delays in projects.

•This allows NEPA to be used effectively to halt development, but is also a significant target for criticism because it regularly results in project delays.

changes to NEPA ( 2023 )

• •In 2023, the Biden administration successfully passed the “Fiscal Responsibility Act” (Debt Ceiling Deal). Changes to NEPA were part of those negotiations.

  •

  •Most significant changes:

  •Set page limits and deadlines for EAs and EISs

  •Create single online system for management and editing of documents related to the NEPA process

  •Better clarity on what is required in EAs and EISs

  •Increased clarity on which agencies are involved and should be involved in the NEPA process

  •Establish a process for agencies to adopt other agencies’ categorical exclusions

• Trump issued exec orders that prioritized energy & mining, allowing binding power of the CEQ. CEQ now is primarily tasked with issuing “guidance” rather than regulating actions

continued NEPA changes ( 2025 )

With all of the recent changes to NEPA, the CEQ recently (March 2025) issued a guidance for federal agencies, suggesting the following:

•Preparation of documents by project sponsors (including new language about expediting process)

•Incorporation of deadlines in case by case NEPA processes

•Reconsideration how environmental impacts are addressed

•Redefinition what constitutes “major federal action”

•Consideration of eliminating env. or social justice consideration

•Consideration of procedures for terminating the process where appropriate

clean water act (1972)

•Establishes and maintains goals and standards for U.S. water quality and purity. It has been amended several times, most prominently in (1987) to increase controls on toxic pollutants, and in 1990, to more effectively address the hazard of oil spills.

•All point source pollution to be permitted.

•Non-point source pollution monitored differently (TMDL)

•Set very high (perhaps unrealistic) standards for water quality.

•Each state establishes water quality criteria.

•Ongoing controversy over federal jurisdiction (e.g. Rapanos v. United States; Obama EPA & WOTUS, Trump E.O., Biden EPA &. SCOTUS)

Sackett v. EPA, 2023 – Supreme Court Decision stated that wetlands would only be protected if a “significant nexus” with “major” waterways. With some exceptions, this includes “continuous surface connection to those water bodies

The policy process model steps

1. agenda setting - actors in agenda setting ( pres. congress, special interest groups ) they rely on scientific data, public opinion and various value interpretations 

2. policy formation - first, designing the first draft of policies ( who contributes? experts, law makers, lobbyist ) ( scientific data and analysis is important in this stage ) second, creating plans to achieve the goals 

3. policy legitimization - Giving legal force, authority, or justification to political decisions. Is this a proper or acceptable exercise of government authority ( public opinion both nationally and locally )

4. policy implementation - •Finalizing/interpreting statutory language

   •Organizing bureaucracy

   •Allocating Resources (human and financial)

   •Details of administration & procedures as well as effects on labor and the community

5. Policy evaluation - Evaluating goals and assigning achievement/failure

6. changes - challenging and political 

outsourcing - problems within the process causes the need for outsourcing of rule making to agencies 

D.E.L.L

direct action, electioneering, lobbying, litigation

What is OSM? and what does it enforce

Office of surface mining reclamation and enforcement

enforces SMCRA: surface mining control and reclamation act 1977, almost only concerned with surface coal mining