The federal government derives its authority to protect the environment from its power to regulate interstate commerce under the Commerce clause of the U.S. Constitution.
In addition, the laws enacted by the federal government are the law of the land under the Supremacy clause and may preempt state law.
However, for reasons of government efficiency, the primary environmental protection approach in the U.S. is that of "cooperative federalism" by which federal and state government agencies cooperate with one another. For example, the state EPA is often charged with enforcing federal environmental standards, as the state agency is best positioned to do so. In this manner, the agencies do not duplicate each other's efforts and the federal EPA can conserve its resources and apply them to other environmental protection initiatives.
Major U.S. environmental legislation includes the following:
1918
Migratory Bird Treaty Act, 16 U.S.C. §703
1970
National Environmental Policy Act (NEPA), Pub. L. 91-190, 42 U.S.C. §§ 4321 - 4370m-12* requires all branches of government to give proper consideration to the environment prior to undertaking any major federal action that significantly affects the environment, such as construction of airports, buildings, military complexes, highways or parkland purchases. Environmental Assessments (EAs) and Environmental Impact Statements (EISs) are required of all federal agencies before undertaking such actions. See EPA summary
Clean Air Act (CAA), Pub. L. 42 U.S.C. §§ 7401 - 7671q* is a comprehensive federal law that regulates air emissions from stationary and mobile sources. This law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS). The CAA utilizes a two-prong approach: regulating the air quality levels and sources of pollution. The CAA requires EPA to establish a set of “criteria” pollutants and to regularly consider adding pollutants to the criteria list. Regulation under the CAA depends on whether the source emitting the pollution is stationary or mobile. Areas that successfully comply with all NAAQS criteria pollutant standards are known as Attainment Areas. Places that fail to comply with at least one criteria pollutant standard are known as Non-Attainment Areas. The CAA requires all states to create a State Implementation Plan (SIPs) detailing how they intend to force their Non-Attainment areas to achieve the NAAQS standards. States may have stronger air pollution laws, but they may not have weaker pollution limits than those set by EPA. There have been many amendments to the Clean Air Act over the years as well as earlier related acts. See i.e. Pub. L. 88-206 (1963); Pub. L. 89-272 (1965); Pub. L. 89-675 (1966); Air Quality Act Pub. L. 90-148 (1967); Pub. L. 91-137 (1969); Pub. L. 91-604 (1970); Pub. L. 95-95 (1977); Pub.L. 101-549 (1990) See EPA overview & text and Wex
1972
Clean Water Act, 33 U.S.C. §§ 1251 - 1388* establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. See Pub. L. 92-500. Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. EPA has also developed national water quality criteria recommendations for pollutants in surface waters. CWA uses two methods to protect the quality of water: monitoring water quality standards, and controlling discharge from point sources. Water quality standards are jointly regulated by the EPA and by the states. States are required to classify bodies of water by their designated use (swimming, fishing, water supply, navigation, industrial waste disposal, etc.), and must adopt a plan to ensure the water meets the standards for that given use. If a state fails to create standards that satisfy EPA requirements, the EPA may develop a plan itself and require the state to comply. In addition to monitoring water quality standards, the CWA requires the regulation of point sources, or stationary locations that discharge pollution into water. Discharge of a pollutant from a point source into waters of the United States is illegal without a National Pollution Discharge Elimination System (NPDES) Permit. Notice is provided to the public before any NPDES permit is issued. The public can then comment and raise concerns as to whether the permit should be issued. The scope of the CWA is limited to the "navigable waters" of the United States, but this has been broadly defined to include wetlands, or areas that are sometimes dry, sometimes wet as well as areas directly adjacent to navigable waters. See EPA summary and Wex
1973
Endangered Species Act, Pub. L. 93-205, 16 U.S.C. §§1531 - 1544 prohibits the "taking" i.e. harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting) of species designated as endangered or threatened; requires that agency action not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of their critical habitat; requires federal agencies to consult with the U.S. Fish and Wildlife Service National Marine Fisheries Service, before undertaking any action that might jeopardize the continued existence of any endangered species or threatened species. See EPA summary
1974
Safe Drinking Water Act, 42 U.S.C. §§ 300f - 300j-27* relates to public drinking water supplies and groundwater protection. See EPA summary
1975
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 135 - 136y* requires registration with EPA of any pesticides sold in the U.S. Before the EPA may register a pesticide under FIFRA, the applicant must show that the pesticide "will not generally cause unreasonable adverse effects on the environment." In its consideration of such adverse effects, EPA will take into account the economic, social, and environmental costs and benefits of the pesticide or any dietary risk to humans from pesticide residues in food which would be inconsistent with Federal Food, Drug, and Cosmetic Act standards. In addition, EPA decisions must be consistent with other applicable statutes, such as the Endangered Species Act (ESA). See EPA summary
1976
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 - 6992k* (aka the Solid Waste Disposal Act) relates to solid and hazardous waste management. See EPA summary
Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601 - 2697* relates to the manufacturing and use of toxic substances. See EPA summary
1977
Clean Air Act Amendments of 1977
1980
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Pub. L. 96-510, 42 U.S.C. §§ 9601 - 9675* created the Hazardous Substance Superfund to give the EPA funds to clean up contaminated sites. As a result, CERCLA is commonly called “Superfund". Through CERCLA, EPA has power to find potentially responsible parties (PRP) for environmental contamination and compel them to perform adequate cleanup or pay damages for the cleanup of contaminated sites. See EPA summary and Wex
1984
Hazardous and Solid Waste Amendments of 1984
1986
Superfund Amendment and Reauthorization Act (SARA) (amending CERCLA)
1987
Water Quality Act of 1987
1988
Marine Protection, Research, and Sanctuaries Act ("Ocean Dumping Act"), 16 U.S.C. §§ 1401 - 1445* prohibits transportation of material from the United States for the purpose of ocean dumping and dumping of material transported from outside the United States into the U.S. territorial sea. A permit is required to deviate from these prohibitions. Under MPRSA, the standard for permit issuance is whether the dumping will "unreasonably degrade or endanger" human health, welfare, or the marine environment. EPA is charged with developing ocean dumping criteria to be used in evaluating permit applications. The MPRSA provisions administered by EPA are published in Title 33 of the U.S. Code. The MPRSA provisions that address marine sanctuaries are administered by the National Oceanic and Atmospheric Administration and are published in Title 16 of the U.S. Code. See EPA summary
1990
Clean Air Act Amendments of 1990, Pub. L. 101-549, Pub. L. No. 101-549 (codified as amended at 42 U.S.C. §§7401-7671q) established cap and trade program for reducing acid rain, S02)
Pollution Prevention Act, 42 U.S.C. §§ 13101 - 13109* (focuses on source reduction, through cost-effective changes in production, operation, and raw materials use to lessen the release of hazardous substances into the environment as opposed to treatment after such release; see EPA summary)
Oil Pollution Act of 1990, Pub.L. 101-380, 33 U.S.C. 33 U.S.C. §§ 2701 to 2762*
2022
Inflation Reduction Act, Pub. L. 117-169
*starred items are the 10 principal statutes primarily administered by the EPA. See 1 L. of Envtl. Prot. § 1:4
The Environmental Protection Agency (EPA) was created in 1970. It is the federal agency charged with implementation and enforcement of many of the U.S. environmental laws mentioned above. The U.S. Fish & Wildlife Service is the only federal agency whose primary responsibility is conservation and management of fish, wildlife, plants and habitat.
EPA regulations are codified in Title 40 Protection of Environment of the Code of Federal Regulations (CFR). Please consult the Administrative Law Research Guide to learn more about agency regulations.
Because agency regulations change rapidly and publication in the CFR is sometimes as much as a year behind, use a specialty environmental law database to research environmental regulations. Unfortunately, most such databases are subscription only. Westlaw and Lexis both have environmental law practice areas, which include up to date regulations.