2.2 Major U.S. Environmental Laws and Amendments
3 min read•august 9, 2024
The , , and form the backbone of U.S. environmental protection. These laws set standards for air and water quality, regulating pollutants and establishing permit systems to control emissions and discharges.
The National Environmental Policy Act, Resource Conservation and Recovery Act, and Toxic Substances Control Act expanded environmental regulation. These laws require environmental impact assessments, manage hazardous waste, and control chemical substances, reflecting growing awareness of environmental issues.
Air and Water Protection
Clean Air Act and Its Impacts
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- Clean Air Act enacted in 1963 authorized research into air pollution monitoring and control
- 1970 amendments established National Ambient Air Quality Standards (NAAQS) for six criteria pollutants
- Created for new or modified sources of air pollution
- Established
- 1990 amendments addressed acid rain, ozone depletion, and toxic air pollution
- Introduced market-based approach with emissions trading program for sulfur dioxide
Water Quality Protection Measures
- Clean Water Act of 1972 amended the of 1948
- Established structure for regulating pollutant discharges into U.S. waters
- Gave EPA authority to implement pollution control programs and set wastewater standards
- Created permit program
- Set water quality standards for contaminants in surface waters
- Made it unlawful to discharge pollutants from point sources without a permit
Safe Drinking Water Regulations
- Safe Drinking Water Act passed in 1974 to ensure public drinking water safety
- Applies to every public water system in the United States
- Required EPA to set enforceable standards for drinking water contaminants
- Established for various substances
- Mandated filtration and disinfection for most surface water systems
- 1996 amendments enhanced public information requirements and water system management
Environmental Policy and Regulation
National Environmental Policy Act Framework
- signed into law on January 1, 1970
- Established national environmental policy and goals for protecting the environment
- Required federal agencies to assess environmental effects of proposed actions
- Introduced for major federal actions
- Created in the Executive Office of the President
- Promoted public participation in decision-making through comment periods and hearings
Resource Management and Toxic Substance Control
- enacted in 1976
- Established framework for proper management of hazardous and non-hazardous solid waste
- Created "cradle-to-grave" system for tracking hazardous wastes
- Regulated underground storage tanks containing petroleum and other hazardous substances
- passed in 1976 to regulate new and existing chemicals
- Gave EPA authority to require reporting, testing, and restrictions on chemical substances
Evolution of Environmental Legislation
- Environmental amendments expanded scope and strengthened existing laws
- Clean Air Act Amendments of 1977 and 1990 addressed new pollutants and sources
- in 1977 and 1987 focused on toxic pollutants and stormwater
- Safe Drinking Water Act amendments in 1986 and 1996 enhanced standards and enforcement
- Statutory evolution reflected growing scientific understanding and public awareness
- Shift from command-and-control approach to more flexible, market-based mechanisms
Hazardous Substances and Species Protection
Endangered Species Conservation
- passed in 1973 to protect threatened and endangered plants and animals
- Prohibited "taking" of listed species, including harassing, harming, or killing
- Required federal agencies to ensure their actions do not jeopardize listed species
- Mandated development of recovery plans for listed species
- Authorized land acquisition for species conservation
- Provided for cooperation with states and financial assistance for conservation programs
Hazardous Waste Site Management
- enacted in 1980
- Commonly known as , addressed abandoned hazardous waste sites
- Established prohibition on closed or abandoned hazardous waste sites
- Created Hazard Ranking System to prioritize cleanup efforts
- Imposed liability on responsible parties for cleanup costs
- Established trust fund for cleanup when responsible parties cannot be identified
- strengthened CERCLA provisions
Key Terms to Review (34)
1970 Amendments to the Clean Air Act: The 1970 Amendments to the Clean Air Act significantly expanded the federal government's role in regulating air quality, establishing comprehensive regulations aimed at controlling air pollution from various sources. This landmark legislation set the foundation for a coordinated national effort to improve air quality and protect public health by introducing measures such as National Ambient Air Quality Standards (NAAQS) and emissions limits for specific pollutants.
1986 amendments to the Safe Drinking Water Act: The 1986 amendments to the Safe Drinking Water Act (SDWA) strengthened the federal government's ability to protect public drinking water supplies from contamination. These amendments set stricter standards for contaminants in drinking water and established a new framework for regulating unregulated contaminants, which significantly improved water quality and public health safety across the United States.
1986 Superfund Amendments and Reauthorization Act (SARA): The 1986 Superfund Amendments and Reauthorization Act (SARA) is a significant piece of legislation that reauthorized and amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to enhance the federal government's ability to clean up hazardous waste sites. SARA established new regulatory provisions, emphasizing the importance of community involvement in cleanup decisions and setting stricter standards for cleanup levels, which ultimately aimed to ensure better protection of human health and the environment.
1987 amendments to the Clean Water Act: The 1987 amendments to the Clean Water Act were significant changes made to the original legislation established in 1972, aimed at improving water quality in the United States. These amendments emphasized the importance of non-point source pollution management, increased funding for municipal wastewater treatment facilities, and introduced new regulatory measures to address water pollution more effectively.
1990 amendments to the Clean Air Act: The 1990 amendments to the Clean Air Act significantly strengthened U.S. air quality regulations, adding provisions aimed at reducing air pollution and addressing issues like acid rain, ozone depletion, and toxic emissions. These amendments marked a major overhaul of the original Act, establishing more stringent standards and a comprehensive approach to improving air quality across various sectors.
Clean Air Act: The Clean Air Act is a comprehensive federal law designed to regulate air emissions from stationary and mobile sources to ensure that air quality meets health and environmental standards. It represents a critical framework for controlling air pollution in the United States, addressing various aspects of air quality management, pollution control strategies, and public health protection.
Clean Water Act: The Clean Water Act is a key piece of U.S. legislation that aims to restore and maintain the integrity of the nation's waters by preventing point and non-point source pollution, regulating discharges into navigable waters, and establishing water quality standards. This law connects to various aspects of environmental governance and public health, reflecting foundational principles of environmental law and policy.
Clean Water Act Amendments: The Clean Water Act Amendments are a series of legislative changes made to the original Clean Water Act of 1972, aimed at improving the quality of the nation’s waters by regulating pollutants and maintaining the integrity of wetlands and aquatic ecosystems. These amendments have significantly expanded the federal government's role in water quality management, emphasizing the need for pollution prevention and water quality standards.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a federal law enacted in 1980 to facilitate the cleanup of hazardous waste sites and to hold responsible parties liable for environmental contamination. CERCLA empowers the government to respond to releases of hazardous substances and provides a framework for identifying and remediating polluted sites, thus emphasizing accountability and ensuring that the costs of cleanup are borne by those who caused the pollution.
Council on Environmental Quality (CEQ): The Council on Environmental Quality (CEQ) is a U.S. federal agency established by the National Environmental Policy Act (NEPA) of 1969, tasked with coordinating federal environmental efforts and ensuring that environmental factors are considered in federal decision-making. CEQ oversees the implementation of NEPA, provides guidance on environmental policy, and promotes sustainability across federal agencies, playing a critical role in shaping national environmental practices.
Distributive justice: Distributive justice refers to the ethical principle concerned with the fair allocation of resources and benefits among individuals and communities. It addresses how different groups are impacted by environmental policies, particularly in terms of equity and fairness. The concept emphasizes that all individuals, regardless of their socio-economic status, should have equal access to environmental resources and protections, which is crucial when examining the impacts of major environmental laws and the legal frameworks designed to uphold environmental justice.
Endangered Species Act (ESA): The Endangered Species Act (ESA) is a significant piece of U.S. legislation enacted in 1973 aimed at protecting and recovering imperiled species and their ecosystems. This law makes it illegal to harm, harass, or kill endangered species and mandates the federal government to develop recovery plans for these species. By providing legal protection, the ESA plays a crucial role in conserving biodiversity and maintaining ecological balance across various habitats.
Environmental Impact Statement (EIS): An Environmental Impact Statement (EIS) is a document required by the National Environmental Policy Act (NEPA) that outlines the potential environmental effects of proposed federal actions. It serves as a critical tool for decision-makers and the public, assessing the impacts on natural and human environments, and facilitating informed choices regarding development projects.
Environmental Impact Statements (EIS): Environmental Impact Statements (EIS) are detailed documents required by the National Environmental Policy Act (NEPA) that assess the potential environmental effects of proposed federal actions. These statements help ensure that decision-makers consider environmental impacts and alternative options before moving forward with projects, playing a crucial role in shaping environmental policy in the U.S.
Environmental Protection Agency (EPA): The Environmental Protection Agency (EPA) is a U.S. federal agency responsible for protecting human health and the environment by enforcing regulations based on laws passed by Congress. Established in response to the growing environmental concerns in the 1970s, the EPA plays a crucial role in addressing key environmental issues such as air and water quality, hazardous waste management, and climate change policies.
Environmental Racism: Environmental racism refers to the disproportionate impact of environmental hazards on people of color and low-income communities, resulting from systemic inequities in policy and decision-making processes. This term connects to broader issues of social justice and highlights how marginalized groups often bear the brunt of pollution, waste disposal, and lack of access to clean resources due to biased practices in environmental legislation and urban planning.
Federal Water Pollution Control Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, is a key piece of legislation in the United States aimed at regulating the discharge of pollutants into the waters of the nation and maintaining the integrity of its waters. It establishes a framework for regulating the quality of surface waters, promoting the restoration and maintenance of the integrity of the nation's waters, and preventing point source pollution, which has significant implications for both environmental protection and public health.
Massachusetts v. EPA: Massachusetts v. EPA is a landmark U.S. Supreme Court case decided in 2007, where the Court ruled that the Environmental Protection Agency (EPA) has the authority to regulate greenhouse gas emissions under the Clean Air Act. This case emphasized the role of states in environmental protection and marked a significant moment in the evolution of environmental law and policy, demonstrating the increasing recognition of climate change as a critical issue that requires regulatory action.
Maximum Contaminant Levels (MCLs): Maximum Contaminant Levels (MCLs) are regulatory limits set by the Environmental Protection Agency (EPA) for the maximum permissible amount of specific contaminants in drinking water. These levels are established to protect public health by ensuring that water remains safe for consumption, reflecting both health effects and the feasibility of detecting and removing contaminants. MCLs are an essential component of the Safe Drinking Water Act, which governs the quality of drinking water in the United States.
Montreal Protocol: The Montreal Protocol is an international treaty designed to phase out the production and consumption of substances that deplete the ozone layer, primarily chlorofluorocarbons (CFCs). Adopted in 1987, it represents a landmark achievement in global environmental governance, showcasing how regulatory frameworks can effectively address transboundary environmental issues and promote cooperation among nations.
National Emissions Standards for Hazardous Air Pollutants (NESHAP): NESHAP refers to regulations established by the Environmental Protection Agency (EPA) under the Clean Air Act, aimed at controlling emissions of hazardous air pollutants from specific industries and sources. These standards are designed to protect public health and the environment by limiting the release of toxic pollutants that can cause serious health issues and environmental harm. NESHAP plays a crucial role in the broader framework of U.S. environmental laws by setting enforceable limits on emissions and ensuring compliance through monitoring and reporting requirements.
National Environmental Policy Act (NEPA): The National Environmental Policy Act (NEPA) is a U.S. federal law enacted in 1969 that requires federal agencies to assess the environmental impacts of their proposed actions before making decisions. NEPA established a framework for environmental reviews, ensuring that decision-makers consider environmental consequences and public opinions when planning projects, thus connecting it to various aspects of environmental governance.
National Pollutant Discharge Elimination System (NPDES): The National Pollutant Discharge Elimination System (NPDES) is a regulatory program established under the Clean Water Act that aims to control water pollution by regulating point sources that discharge pollutants into U.S. waters. The NPDES program requires facilities to obtain permits that specify the limits on the types and amounts of pollutants they can discharge, thereby promoting water quality and protecting aquatic ecosystems.
New Source Performance Standards (NSPS): New Source Performance Standards (NSPS) are regulatory standards established by the Environmental Protection Agency (EPA) that set specific limits on emissions from new or modified sources of air pollution. These standards aim to ensure that newly built or significantly altered facilities utilize the best available control technology to minimize their impact on air quality, reflecting advancements in pollution control technologies and practices.
Paris Agreement: The Paris Agreement is a landmark international accord adopted in 2015, aimed at combating climate change and limiting global warming to well below 2 degrees Celsius compared to pre-industrial levels. It establishes a framework for nations to set their own climate targets, known as Nationally Determined Contributions (NDCs), while promoting accountability and transparency in efforts to reduce greenhouse gas emissions.
Permitting process: The permitting process is a regulatory procedure that involves obtaining permission from governmental authorities to undertake activities that may impact the environment, such as construction or land development. This process ensures that environmental regulations and standards are met before any project can proceed, providing a framework for balancing economic development with environmental protection.
Polluter Pays Principle: The polluter pays principle is an environmental policy concept that asserts that those responsible for pollution should bear the costs associated with managing it and mitigating its impact on the environment. This principle encourages accountability and promotes sustainable practices by ensuring that the financial burden of pollution does not fall on society or future generations.
Precautionary Principle: The precautionary principle is a strategy for approaching issues of potential harm to the public or the environment when scientific understanding is not complete. It emphasizes that the absence of complete evidence should not delay action to prevent environmental degradation, highlighting the need to take proactive steps in policymaking and regulation to protect human health and ecological systems.
Resource Conservation and Recovery Act (RCRA): The Resource Conservation and Recovery Act (RCRA) is a federal law enacted in 1976 that governs the disposal of solid and hazardous waste in the United States. It aims to protect human health and the environment by ensuring that waste management practices are safe and environmentally sound, while promoting resource conservation through recycling and recovery. RCRA establishes a framework for managing hazardous waste from its creation to its disposal, making it a cornerstone of U.S. environmental policy.
Safe Drinking Water Act: The Safe Drinking Water Act (SDWA) is a federal law enacted in 1974 that aims to protect public health by ensuring safe drinking water for the public in the United States. This act establishes standards for drinking water quality and oversees the implementation of these standards at both the federal and state levels, thus safeguarding water supplies from contamination and ensuring that they are safe for human consumption.
Sierra Club v. Morton: Sierra Club v. Morton is a landmark U.S. Supreme Court case from 1972 that established legal standing for environmental groups to sue in order to protect natural resources. The case centered on the Sierra Club's challenge to a proposed Disney resort in the Mineral King Valley of California, arguing that the project would cause significant environmental harm. The ruling highlighted the importance of the National Environmental Policy Act (NEPA) and set a precedent for how environmental interests could be represented in court.
Superfund: Superfund is a federal program established by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 aimed at cleaning up some of the nation's most contaminated land and responding to environmental emergencies. The program allows the government to identify and prioritize hazardous waste sites and allocate funds for their cleanup, ensuring that responsible parties are held accountable for their pollution. Superfund is critical in managing sites that pose significant risks to human health and the environment.
Toxic Substances Control Act (TSCA): The Toxic Substances Control Act (TSCA) is a federal law enacted in 1976 that gives the Environmental Protection Agency (EPA) the authority to regulate the introduction of new or already existing chemicals. It aims to ensure that chemical substances do not pose an unreasonable risk to human health or the environment, emphasizing the need for safety evaluations before chemicals enter the market.
U.S. Fish and Wildlife Service: The U.S. Fish and Wildlife Service (USFWS) is a federal agency under the Department of the Interior responsible for the management, conservation, and protection of fish, wildlife, and their habitats. It plays a crucial role in implementing various environmental laws and regulations, particularly concerning the conservation of endangered species and the restoration of ecosystems, making it integral to efforts aimed at biodiversity preservation and natural resource management.