United States environmental law

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United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience.

Scope

See also: List of United States federal environmental statutes
This section is an excerpt from Environmental law.[edit]
natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things (human beings inclusive) from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.[3]

The

environmental impact review
in actions undertaken or approved by the U.S. federal government, may implicate all of these areas.

water resources law
).

History

See also:
Environmental policy of the US

The history of environmental law in the US can be traced back to early roots in common law doctrines, for example, the law of nuisance and the public trust doctrine. The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA). However, most current major environmental statutes, such as the federal statutes listed above, were passed in the time spanning the late 1960s through the early 1980s. Prior to the passage of these statutes, most federal environmental laws were not nearly as comprehensive.

pesticides, especially DDT, on birds and other wildlife.[4][5] Among the most significant environmental disasters of the 1960s was the 1969 Santa Barbara oil spill, which generated considerable public outrage as Congress was considering several major pieces of environmental legislation. (See Environmental movement in the United States
.)

One lawsuit that has been widely recognized as one of the earliest environmental cases is

power plant on Storm King Mountain in New York State. The case has been described as giving birth to environmental litigation and helping create the legal doctrine of standing to bring environmental claims.[7] The Scenic Hudson case also is said to have helped inspire the passage of the National Environmental Policy Act (NEPA), and the creation of such environmental advocacy groups as the Natural Resources Defense Council
.

Legal sources

Laws from every stratum of the

laws of the United States pertain to environmental issues. Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive. Concurrently, the legislatures of the fifty states have passed innumerable comparable sets of laws.[8] These state and federal systems are foliated with layer upon layer of administrative regulation. Meanwhile, the US judicial system reviews not only the legislative enactments, but also the administrative decisions of the many agencies dealing with environmental issues. Where the statutes and regulations end, the common law begins.[9]

Federal statutes

Main article:
List of United States Federal Environmental Statutes
See also: Environmental policy of the United States

Federal regulation

Consistent with the federal statutes that they administer, US federal agencies promulgate regulations in the

Environmental Protection Agency
(EPA). Other important CFR sections include Title 10 (energy), Title 18 (Conservation of Power and Water Resources), Title 21 (Food and Drugs), Title 33 (Navigable Waters), Title 36 (Parks, Forests and Public Property), Title 43 (Public Lands: Interior) and Title 50 (Wildlife and Fisheries).

Judicial decisions

See also: List of environmental lawsuits

The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests. The decisions of the

Endangered Species Act), and, much more recently, Massachusetts v. EPA (requiring EPA to reconsider regulation of greenhouse gases under the Clean Air Act
) have had policy impacts far beyond the facts of the particular case.

Common law

The common law of tort is an important tool for the resolution of environmental disputes that fall beyond the confines of regulated activity. Prior to the modern proliferation of environmental regulation, the doctrines of nuisance (public or private), trespass, negligence, and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes.[10] These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change.[11]

The common law also continues to play a leading role in American

prior appropriation
.

Administration

See also: List of environmental organizations § Government organizations

In the United States, responsibilities for the administration of environmental laws are divided between numerous federal and state agencies with varying, overlapping, and sometimes conflicting missions. EPA is the most well-known federal agency, with jurisdiction over many of the country's national air, water and waste and hazardous substance programs.

U.S. Fish and Wildlife Service and National Park Service pursue primarily conservation missions,[15][16] while still others, such as the United States Forest Service and the Bureau of Land Management, tend to focus more on beneficial use of natural resources.[17][18]

Federal agencies operate within the limits of federal jurisdiction. For example, EPA's jurisdiction under the Clean Water Act is limited to "waters of the United States". In many cases federal laws allow for more stringent regulation by states, and of transfer of certain federally mandated responsibilities from federal to state control. US state governments, therefore, administering state law adopted under state police powers or federal law by delegation, uniformly include environmental agencies.[19] The extent to which state environmental laws are based on or depart from federal law varies from jurisdiction to jurisdiction.

Thus, while a permit to fill non-federal

coal-fired power plant—might require approvals from numerous federal and state agencies.[19]

Enforcement

In the United States, violations of environmental laws are generally

criminal penalties for egregious violations. Some federal laws, such as the Clean Water Act, also allow a U.S. citizen to file a lawsuit against a violator, if the government has failed to take enforcement action.[20]

Environmental agencies often include separate enforcement offices, with duties including monitoring permitted activities, performing compliance inspections, issuing citations and prosecuting wrongdoing (civilly or criminally, depending on the violation). EPA's Office of Enforcement and Compliance Assurance is one such agency. Others, such as the United States Park Police, carry out more traditional law enforcement activities.

Adjudicatory proceedings for environmental violations are often handled by the agencies themselves under the structures of administrative law. In some cases, appeals are also handled internally (for example, EPA's Environmental Appeals Board). Generally, final agency determinations may subsequently be appealed to the appropriate court.

As environmental law becomes more widespread in the United States, another form of enforcement is emerging. Economic sanctions and incentives are the next wave of enforcement techniques. However, other researchers believe that the best way to enforce environmental regulation is to enforce non-environmental laws that can also have positive results for the environment. Some researchers have found that this leads to better environmental performance with bipartisan support [21]

Education

Law schools

In 2023,

Vermont Law School (tie) in the top five for environmental law programs.[22]

Courses and training

Several law schools host

legal clinics that focus on environmental law, providing students with an opportunity to learn about environmental law in the context of real world disputes involving actual clients.[23]

Environmental protection cases

Water

Air pollution

See also: Climate change policy of the United States

Solid and hazardous waste

See also

Notes

  1. ^ Phillipe Sands (2003) Principles of International Environmental Law. 2nd Edition. p. xxi Available at [1] Accessed 19 February 2020
  2. ^ "What is Environmental Law? | Becoming an Environmental Lawyer". Retrieved 2023-06-28.
  3. ^ "NOUN | National Open University of Nigeria". nou.edu.ng. Retrieved 2023-06-29.
  4. ^ Carson, Rachel (2002) [1962]. Silent Spring (40th anniversary ed.). New York: Houghton Mifflin Harcourt.
    ISBN 9780618249060
    .
  5. ISBN 0-08-037117-5
    .
  6. ^ Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608, December 29, 1965.
  7. ^ Scenic Hudson, Inc. "Scenic Hudson Collection: Records Relating to the Storm King Case, 1963-1981." Archived 2005-12-18 at the Wayback Machine Archives and Special Collections, Marist College, Poughkeepsie, NY.
  8. ^ See, e.g., Pennsylvania
  9. ^ See, e.g., Second Circuit Clarifies Superfund Cost Recovery and Liability Issues (analyzing court application of statutory provisions of CERCLA, also known as Superfund.)
  10. ^ See West's Encyclopedia of American Law, Environmental Law.
  11. ^ Cases collected at Climatecasechart.com (Common Law Claims)
  12. ^ "Laws and Regulations". EPA. 2017-09-13.
  13. PMID 19323818
    .
  14. ^ "Regulatory Information By Topic". EPA. 2017-04-05.
  15. ^ "About Us". Washington, D.C.: U.S. National Park Service. Retrieved 2017-10-24.
  16. ^ "About the U.S. Fish and Wildlife Service". Washington, D.C.: U.S. Fish and Wildlife Service. 2016-03-24.
  17. ^ "About the Agency". Washington, D.C.: U.S. Forest Service. Retrieved 2017-10-24.
  18. ^ "About Us". Washington, D.C.: U.S. Bureau of Land Management. Retrieved 2017-10-24.
  19. ^ a b "Health and Environmental Agencies of U.S. States and Territories". EPA. 2017-06-29.
  20. ^ United States. Clean Water Act, sec. 505, 33 U.S.C. § 1365
  21. ISSN 2045-0052
    .
  22. ^ "Best Environmental Law Programs". US News. U.S. News & World Report. Retrieved 2023-05-24.
  23. ^ See, e.g., Adam Babich, The Apolitical Law School Clinic, 11 Clinical L. Rev. 447 (2005).

External links

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