In this article we will be briefing on environmental laws. These laws usually specifically cater to protections of variety of plant, and animal species as well as the general surroundings. Las that include reducing pollution and bettering human, plant and animal life. Each of the individual Act, Regulations, new Rules that are enforced share the objective and aim to safeguard the environment. “The National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act and the National Environmental Education Act. The Environmental Protection Agency (EPA) was also formed in 1970. The main objective of these laws was to protect the environment against public and private harms. The goal of the EPA is to monitor and analyze the environment, conduct research, and work closely with state and local governments to create pollution control policies.”[1]
List of Environmental Laws
Endangered Species Act (ESA): ESA actively work towards shielding endangered species in order to thwart their extinction.
Resource Conservation and Recovery Act (RCRA): RCRA administers the discarding and removal of solid and dangerous waste.
Comprehensive Environmental Response Compensation and Liability Act (CERCLA): CERCLA is also called as the “Superfund”. The Act intends to clean up areas that are previously contaminated. This decree of law designates comprehensive legal accountability on people who are associated with disposing hazardous waste. The statute also offers funding for maintenance for the affected, obstructed areas.
Clean Air Act (CAA): The CAA was constructed to safeguard air quality. In addition to which, the Act also controls stationary and mobile causes of pollution.
Clean Water Act (CWA): The key work of CWA is to safeguard water pollution. It prevents emission of pollutants into passable waters.
Guidelines of United States Environmental Protection Agency: “Environmental rules are codified under Title 40 of the Code of Federal Regulations (40 CFR). EPA helps regulated entities meet federal requirements and holds entities legally accountable for violations. EPA issues guidance documents to further clarify and assist in implementation of regulations.”[2] One can also file for a report on any violation under the official website of the US Environmental Protection Agency. The websites also caters to every aspect in regards to environment protection, for discussing on air, bed bugs, greener living, water topics and pesticides. It basically covers all A to Z topics. “United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience.”[3]
One lawsuit that has been widely recognized as one of the earliest environmental cases is Scenic Hudson Preservation Conference v. Federal Power Commission, decided in 1965 by the Second Circuit Court of Appeals, prior to passage of the major federal environmental statutes.[4] The case helped halt the construction of a power plant on Storm King Mountain in New York State. The case has paved the pathway towards giving birth to environmental litigation and assisting in establishing legal doctrine of standing to bring environmental claims.[5]
Prior to the modern proliferation of environmental regulation, the doctrines of nuisance (public or private), trespass, negligence, and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes.[6] These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change.[7]
The common law remains to play a vital and crucial part in American water law, this in addition to the doctrines of riparian rights and prior appropriation. As of now, there are least 10 major federal laws deal with protecting the environment and the health and safety of U.S. residents. This is in addition to the multitude of other federal acts, rules, and administrative environmental regulations. There are also scores of environmental laws that have been enacted by state and local government.[8]
Even an unintentional mistake can contravene a key federal environmental law. the same can have destructive effects on all of us. If you need help identifying the same, environmental laws that might be relevant to your business, compliance etc., You may want to speak with an environmental lawyer as well as a c business lawyer for help.
[1] Environmental Law | Wex | US Law | LII / Legal Information Institute (cornell.edu) [2] Laws & Regulations | US EPA [3] United States environmental law - Wikipedia [4] Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608, December 29, 1965. [5] Scenic Hudson, Inc. "Scenic Hudson Collection: Records Relating to the Storm King Case, 1963-1981." Archived 2005-12-18 at the Wayback Machine Archives and Special Collections, Marist College, Poughkeepsie, NY. [6] West's Encyclopedia of American Law, Environmental Law [7] Climatecasechart.com (Common Law Claims) [8] Overview: Key Federal Environmental Laws - FindLaw
