Environmental Regulation: An Overview of Major Federal Statutes

The modern era of federal environmental regulation began with the passage of the National Environmental Policy Act (NEPA) in 1969 and the creation of the Environmental Protection Agency in 1970. Over the following decade, Congress enacted a series of landmark environmental statutes addressing air pollution, water pollution, hazardous waste management, toxic substances, and pesticide regulation. These laws were generally structured around a cooperative federalism model, in which EPA establishes minimum standards and states may adopt more stringent requirements and assume primary implementation and enforcement responsibility.

The Clean Air Act (CAA), first enacted in 1963 and significantly amended in 1970 and 1990, establishes National Ambient Air Quality Standards (NAAQS) for criteria pollutants, New Source Performance Standards for stationary sources, National Emission Standards for Hazardous Air Pollutants, and the Title V operating permit program. The 1990 amendments added the acid rain cap-and-trade program and strengthened provisions for nonattainment areas and mobile source emissions.

The Clean Water Act (CWA) establishes the National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges, water quality standards, and wetlands protection under Section 404. The scope of CWA jurisdiction over wetlands and other water features has been a recurring issue, most recently addressed in Sackett v. EPA (2023), which narrowed the definition of waters of the United States to require a continuous surface connection to traditionally navigable waters.

The Resource Conservation and Recovery Act (RCRA) regulates the generation, transportation, treatment, storage, and disposal of hazardous waste through a cradle-to-grave management system. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) provides authority and funding for the cleanup of contaminated sites, imposing strict, joint, and several liability on potentially responsible parties. The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016, requires EPA to evaluate and regulate chemicals in commerce.

Congressional options include reauthorizing and updating the major environmental statutes, many of which have not been comprehensively amended in decades. Potential reforms include modernizing air quality standards, updating water infrastructure funding mechanisms through programs like the State Revolving Funds, reforming the Superfund cleanup process, and addressing emerging contaminants such as per- and polyfluoroalkyl substances (PFAS).

The balance between environmental protection and economic competitiveness remains a central policy tension. Proposals to streamline environmental permitting processes, including reforms to NEPA review timelines and judicial review standards, have received bipartisan attention. Other options include expanding market-based approaches to pollution control, increasing funding for EPA enforcement activities, and clarifying EPA's regulatory authority in light of recent Supreme Court decisions limiting agency discretion.

EPA has finalized new rules for power plant emissions, vehicle tailpipe standards for greenhouse gases, and PFAS drinking water standards under the Safe Drinking Water Act. The Bipartisan Infrastructure Law provided significant new funding for water infrastructure, Superfund cleanups, and brownfield remediation. Ongoing litigation over EPA's regulatory authority, particularly under the major questions doctrine established in West Virginia v. EPA, continues to shape the boundaries of environmental regulation. Congress is also considering legislation to designate PFAS as hazardous substances under CERCLA and to establish comprehensive PFAS regulation.