Foundations of Environmental Law
Environmental law is the body of law that regulates human interaction with the natural environment. It encompasses statutes, regulations, and common law principles designed to protect air, water, land, and ecosystems.
Historical Development
Modern environmental law in the United States emerged in the late 1960s and early 1970s in response to growing public awareness of pollution and ecological degradation. Key milestones include:
Silent Spring (1962) — Rachel Carson's book raised awareness of pesticide dangersCuyahoga River fire (1969) — a river in Ohio caught fire due to industrial pollution, galvanizing public opinionFirst Earth Day (1970) — millions of Americans participated in environmental demonstrationsCreation of the EPA (1970) — President Nixon established the Environmental Protection Agency by executive orderMajor Federal Environmental Statutes
The core federal environmental laws include:
National Environmental Policy Act (NEPA) — requires environmental impact statements for federal actionsClean Air Act (CAA) — regulates air emissionsClean Water Act (CWA) — regulates water pollutionResource Conservation and Recovery Act (RCRA) — governs hazardous waste managementComprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund) — addresses cleanup of contaminated sitesToxic Substances Control Act (TSCA) — regulates chemical substancesEndangered Species Act (ESA) — protects threatened and endangered speciesThe Role of the EPA
The Environmental Protection Agency is the primary federal agency responsible for:
Setting and enforcing environmental standardsConducting research on environmental issuesIssuing permits for pollution sourcesTaking enforcement actions against violatorsAdministering grants to state environmental programsFederalism in Environmental Law
Environmental regulation involves a partnership between federal and state governments. Many federal environmental laws establish minimum standards but allow states to implement and enforce their own programs (often more stringent). This is known as cooperative federalism.
Common Law and Environmental Protection
Before statutory environmental law, common law doctrines provided some protection:
Nuisance — unreasonable interference with the use and enjoyment of propertyTrespass — physical invasion of property (including by pollutants)Negligence — failure to exercise reasonable care causing environmental harmStrict liability — liability for abnormally dangerous activities regardless of fault