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.