Gavin Howe
The US Congress has passed significant legislation governing environmental law and policy. The National Environmental Policy Act (NEPA), enacted in 1969, was the first major environmental law in the United States. NEPA established the Council on Environmental Quality (CEQ) and required federal agencies to assess the environmental impact of their proposed actions. Other notable environmental laws passed by Congress include the Clean Air Act (CAA), the Clean Water Act (CWA), the Marine Protection, Research, and Sanctuaries Act (MPRSA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). More recently, in 2020, Congress passed historic bipartisan climate innovation legislation, including the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act, which promotes carbon capture technologies.
| Characteristics | Values |
|---|---|
| Establish a national policy for the environment | To create and maintain conditions under which man and nature can exist in productive harmony |
| Provide for the establishment of the Council on Environmental Quality (CEQ) | To ensure that Federal agencies meet their obligations |
| Assess the environmental effects of proposed major Federal actions | To inform the public about their decision making |
| Protect and enhance the air quality | To promote research and provide assistance to governments to combat air pollution |
| Curb water pollution | To restore and maintain the chemical, physical, and biological integrity of the Nation's waters |
| Regulate dumping in the oceans | To regulate the dumping of all types of materials into ocean waters |
| Tax on businesses working with hazardous materials | To provide funding to clean up hazardous materials disposal sites |
| Conservation of fauna in the United States | To conserve endangered and threatened species |
| Promote carbon capture technologies | To reduce emissions from school buses, trucks, and homes |
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What You'll Learn
The National Environmental Policy Act (NEPA)
Congress enacted the National Environmental Policy Act (NEPA) in 1969, and it was signed into law by President Nixon on January 1, 1970. NEPA was the first major environmental law in the United States and is often referred to as the "Magna Carta" of federal environmental laws.
The purpose of NEPA was to establish a national policy for the environment and to create the Council on Environmental Quality (CEQ). The act requires federal agencies to assess the environmental effects of their proposed actions before making decisions. This includes evaluating the social and economic impacts of their actions and providing opportunities for public review and comment.
NEPA has had a significant impact on environmental protection, with countries and non-governmental organizations worldwide adopting their environmental impact assessment programs modeled on NEPA. The Environmental Protection Agency (EPA) was also created as a result of NEPA.
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The Clean Air Act (CAA)
The Act was initially enacted in 1963 and has been amended multiple times since, including in 1970, 1977, and 1990. The 1990 amendments were particularly significant, as they aimed to curb four major threats to the environment and public health: acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion. The 1990 amendments also established a national operating permits program and strengthened enforcement mechanisms to ensure better compliance with the Act.
The CAA authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare and regulate emissions of hazardous air pollutants. These standards set allowable limits for various pollutants in outdoor air, including ground-level ozone, carbon monoxide, particulate matter, lead, sulfur dioxide, and nitrogen dioxide. The CAA also includes the National Emissions Standards for Hazardous Air Pollutants program, which sets emission standards for specific hazardous pollutants from particular sources.
The Act's implementation has resulted in substantial reductions in air pollution, preventing hundreds of thousands of cases of serious health issues annually. It has also demonstrated that clean air and a robust economy can coexist, as the US economy has grown alongside these environmental improvements. The CAA has been challenged in court numerous times, both by environmental groups seeking stricter enforcement and by states and utilities desiring greater flexibility in regulation.
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The Clean Water Act (CWA)
The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Under the CWA, the Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry and water quality standards for all contaminants in surface waters. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained: EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges.
The CWA does not specifically address contamination of groundwater resources, a subject addressed by provisions in other laws including the Safe Drinking Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act. The CWA can be found at 33 U.S.C. § 1251 et seq. The CWA regulations are in 40 C.F.R. Parts 104-108, 110-117, 122-140, 230-233, 401-471, and 501-503.
Under Sections 301, 302, 304, and 306 of the CWA, the EPA issues technology-based effluent guidelines that establish discharge standards based on treatment technologies that are available and economically achievable. Each EPA Region issues permits that meet or exceed the guidelines and standards. The EPA regulates all waste streams generated from offshore oil and gas activities, primarily by general permits. The EPA may not issue a permit for a discharge into ocean waters unless the discharge complies with the guidelines established under Section 403(c) of the CWA. The EPA issues general and individual NPDES permits for a five-year period. These permits are subject to renewal for subsequent five-year periods.
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Marine Protection, Research, and Sanctuaries Act (MPRSA)
The Marine Protection, Research, and Sanctuaries Act (MPRSA), also known as the Ocean Dumping Act, is one of several key environmental laws passed by the US Congress in 1972. The Act has two primary objectives: to regulate intentional ocean disposal of materials and to authorize any related research.
The MPRSA regulates the ocean dumping of waste and provides a framework for enforcement. It prohibits the dumping of any material that would unreasonably degrade or endanger human health, welfare, or amenities, or negatively impact the marine environment, ecological systems, or economic potentialities. The MPRSA applies to all ocean waters beyond the territorial limit (approximately 3 miles or 4.8 km from the shore).
The Environmental Protection Agency (EPA) is the primary agency responsible for regulating the disposal of all substances into the ocean. The EPA issues permits for the dumping of materials if it is determined that the discharge will not adversely affect public health, welfare, or the marine environment. The EPA's MPRSA permit categories include general permits, special permits, and research permits, each with specific criteria and duration limits.
The MPRSA also provides for the designation and regulation of marine sanctuaries, referred to as the National Marine Sanctuaries Act. These sanctuaries are administered by the National Oceanic and Atmospheric Administration (NOAA), which was established in 1970 following an oil spill off the coast of California. The NOAA has added sanctuaries across the US over time, with sites such as the Stellwagen Bank National Marine Sanctuary in Massachusetts and the Monterey Bay National Marine Sanctuary in California designated in 1992.
Additionally, the MPRSA established nine regional marine research boards to develop comprehensive marine research plans. These plans consider water quality, ecosystem conditions, and research and monitoring priorities in each region. The MPRSA thus plays a crucial role in protecting marine environments and promoting sustainable practices.
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The Endangered Species Act (ESA)
The ESA provides a program for the conservation of threatened and endangered plants and animals, as well as the habitats in which they are found. The Act is administered by two federal agencies: the United States Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries Service. The FWS maintains a worldwide list of endangered species, which includes birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees. The law requires federal agencies to ensure that their actions do not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitats.
Section 4 of the ESA requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 6 requires the Secretary to cooperate with states to the maximum extent practicable in conserving federally protected species. Section 7 directs federal agencies to use their authorities to help conserve listed species, while Section 9 prohibits the unlawful 'take' of such species, which includes actions such as harassing, harming, or hunting.
The ESA also supports the conservation of listed species outside of the US and is the law through which the US enforces the Convention on International Trade in Endangered Species (CITES). This global agreement between governments aims to monitor, regulate, or ban international trade in species under threat, helping to combat the illegal wildlife trade. The ESA has been highly successful, with a 99% success rate in preventing the extinction of listed species. In 2016, more listed species were found to be partially or completely recovered than in any previous year since the ESA became law.
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Frequently asked questions
NEPA is a major environmental law enacted by Congress in 1969 and signed by President Nixon in 1970. It established a national policy for the environment and led to the creation of the Environmental Protection Agency (EPA) and the Council on Environmental Quality (CEQ). NEPA requires federal agencies to assess the environmental impact of their proposed actions and inform the public about their decision-making.
CERCLA is a law that imposed a tax on businesses working with hazardous materials. The tax was meant to provide funding to clean up hazardous materials disposal sites if those businesses ceased to exist.
The USE IT Act is a part of the National Defense Authorization Act (NDAA) that promotes carbon capture technologies and direct air capture research.
The DERA program is a bipartisan environmental innovation legislation that aims to reduce emissions from school buses, trucks, and homes.
