Environmental Law

With limited exceptions, environmental law comprises a body of federal statutes designed to preserve the existence and esthetic of the biosphere and to protect the health of its inhabitants. The Environmental Protection Agency (EPA) promulgates regulations designed to enforce most environmental laws and initiates compliance actions to penalize and enjoin violations. Environmental laws generally promote pollution control or conservation. These environmental laws regulate both governmental and private activity.

There are quite a few major environmental laws. The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.S. §§ 4321-4347, requires every governmental agency to complete an environmental impact statement prior to initiating a project with a potentially significant impact on the human environment. The Clean Water Act (CWA), 33 U.S.C.S. §1251 et seq. (1972), regulates the discharge of water pollutants surface water quality standards. Pursuant to the CWA, the EPA has enacted the National Pollution Discharge Elimination System, which regulates point sources that discharge pollutants into waters. The Clean Air Act, 42 U.S.C.S. §7401 et seq. (1970), regulates air emissions and directs the EPA to establish National Ambient Air Quality Standards (NAAQS). The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.S. §9601 et seq. (1980), creates a federal "Superfund" to eliminate hazardous-waste sites and to clean up accidental releases of pollutants into the environment. Pursuant to CERCLA, the EPA locates the parties responsible for a release and tasks them with the cost of the cleanup. When no responsible parties can be found, the site is labeled an orphan site, and the EPA assumes responsibility for its cleanup. The Resource Conservation and Recovery Act (RCRA), 42 U.S.C.S. §6901 et seq. (1976), tasks the EPA with controlling hazardous waste from cradle to grave. Federal Hazardous and Solid Waste Amendments to RCRA-passed in 1984-prohibit land disposal of untreated hazardous wastes, set deadlines for closing non-compliant facilities, and establish corrective action programs.