Environmental Law: Federal Regulations and Compliance

Environmental Law

Major Federal Environmental Statutes

National Environmental Policy Act (NEPA, 1970)

Requires federal agencies to assess the environmental impact of their proposed actions before making decisions

Environmental Impact Statements (EIS) are required for major federal actions significantly affecting the environment

Environmental Assessments (EA) determine whether an EIS is needed

Clean Air Act (CAA, 1970)

EPA sets National Ambient Air Quality Standards (NAAQS) for six criteria pollutants

New Source Performance Standards (NSPS) for new industrial facilities

Title V permits required for major sources of air pollution

Cap-and-trade program for sulfur dioxide (acid rain program)

Clean Water Act (CWA, 1972)

Prohibits discharge of pollutants into navigable waters without an NPDES permit

Sets water quality standards for surface waters

Section 404 permits required for dredge and fill activities in wetlands

Citizen suit provisions allow individuals to enforce the law

CERCLA (Superfund, 1980)

Provides for cleanup of hazardous waste contamination

"Polluter pays" principle — responsible parties bear cleanup costs

Strict, joint and several, retroactive liability for contamination

National Priorities List (NPL) identifies the most contaminated sites

Resource Conservation and Recovery Act (RCRA, 1976)

Regulates the generation, transportation, treatment, storage, and disposal of hazardous waste

"Cradle to grave" tracking system using manifests

Underground storage tank regulations

EPA Enforcement

The EPA enforces environmental laws through:

Administrative orders and compliance schedules

Civil penalties (up to $50,000+ per day of violation)

Criminal prosecution for knowing violations

Citizen suits allowing private parties to enforce environmental laws