Environmental Laws Notes
Clean Air Act (ACA)
Created in 1963; Amended in 1970, 1977, 1990, and 2022.
Managed by the Environmental Protection Agency (EPA).
Federal law regulating all sources of air emissions.
The EPA develops administrative regulations to enforce compliance.
Key Case: Massachusetts v. Environmental Protection Agency
States and cities sued the EPA for lack of regulations on carbon dioxide and greenhouse gases from vehicles.
Court ruled that the EPA must regulate greenhouse gases as they are considered pollutants.
Clean Water Act
Officially renamed in 1972; Originally Federal Water Pollution Control Act of 1948.
Amended several times from 1972 to 2000.
Managed by the EPA.
Regulates pollutant discharges into navigable waters, setting quality standards.
Permit Requirement: Unauthorized discharges from point sources are prohibited.
Recent Impact: Supreme Court ruling removed federal oversight from certain wetlands, emphasizing state responsibilities for pollution prevention.
Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Established in 1973; Countries involved have various responsibilities.
In the US, managed by Fish and Wildlife Service and USDA’s Animal and Plant Health Inspection Service.
Aims to ensure international trade of wildlife does not threaten species' survival.
Recent Developments: New protections established for species affected by illegal trade and climate change.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Created in 1980; Amended in 1986.
EPA is responsible for enforcing this act.
Focuses on cleanup of hazardous waste sites, accidents, and contaminant releases.
Provides EPA authority to hold responsible parties accountable for contamination cleanup.
Recent Focus: Using CERCLA to promote environmental justice in underprivileged communities.
Montreal Protocol
Established in 1987; Amended multiple times until 2016.
Managed by the United Nations Environment Programme (UNEP).
An international agreement aimed at protecting the ozone layer by reducing harmful substance production.
Achievements: Notable recovery of ozone layer in areas like Antarctica due to reduced CFC usage.
Kyoto Protocol
Adopted in 1997; Effective in 2005; Amended in 2012.
Managed by United Nations Framework Convention on Climate Change (UNFCCC).
It aims to reduce greenhouse gas emissions internationally.
Significance: Set a framework for global climate change policies, fostering international cooperation on climate issues.
Endangered Species Act
Created in 1973; Amended from 1978 to 2004.
Managed by U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS).
Protects threatened and endangered species, listing them to ensure their survival.
Legal Action: Recent lawsuits emphasize the need to include additional species on the endangered list.
Safe Drinking Water Act (SDWA)
Established in 1974; Amended in 1986, 1996, and 2018.
Overseen by the EPA.
Protects drinking water quality in the US, focusing on both surface and groundwater sources.
Regulatory Power: Allows the EPA to enforce standards for public water systems.
Current Issues: Ongoing discussions about the safety of fluoride in drinking water under this act.
Delaney Clause of Food, Drug, and Cosmetic Act
Amendment made in 1958 to the original 1937 Act.
Managed by the Food and Drug Administration (FDA).
Prohibits food additives linked to cancer risk.
Recent Example: Ban on Red No. 3 due to cancer risks observed in lab testing.
Resource Conservation and Recovery Act (RCRA)
Established in 1976; Amended in 1984 and 1992.
EPA oversees hazardous waste management and disposal.
The Act outlines regulation for generation, transport, treatment, and storage of hazardous waste.
Case in Point: 3M fined for violations related to hazardous waste management at its facility.