The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject.(October 2021) |
There are benefits to leaving environmental regulation both to the federal government to the states. For example, wildlife conservation is much more of a concern for Alaska than for New York. New York, however, has much bigger air and light pollution issues than Alaska.
Because of all of these factors, it almost never ends up being an either/or situation in terms of environmental regulation. One of the few areas that is under complete federal control is the storage and disposal of commercial-level nuclear waste, most likely because the consequences of not properly dealing with it are more dire than for most environmental concerns. States have greater regulatory freedom for areas like air and water pollution, presumably because they are not considered to be as high-stakes as nuclear waste. [1]
Federal air regulation | Federal water regulation | Federal solid waste regulation | Other federal environmental regulation |
---|---|---|---|
Clean Air Act (CAA) | Clean Water Act (CWA) | Resource Conservation and Recovery Act (RCRA) | Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) |
Corporate Average Fuel Economy (CAFE) | Coastal Zone Management Act (CZMA) | Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) | Emergency Planning and Community Right-to-Know Act |
Safe Drinking Water Act (SDWA) | Endangered Species Act |
Prior to the late 1970s, nearly all environmental policy was at the state and local level. [2] Federal environmental regulation addressed the federal government itself, rather than states, consumers, or industry. [2] This all changed with a flurry of environmental legislation in the early 1970s. Currently, most federal environmental laws grant both expansive regulatory authority to federal agencies, as well as authorize states to implement plans outlined in federal laws. This model is often called "cooperative federalism". [3]
Relationships between state and federal parties often shape environmental laws and policy. States can directly shape federal policy in the way states choose to enforce, or not enforce, environmental regulation. Federal regulation of nonpoint source water pollution is often cited as weak, in part because localities often lack the incentive to enforce federal regulations, and federal enforcers do not have the authority to countermand state decisions. [4] In areas where the federal government cannot directly intervene, state and local governments have a very strong hand in shaping the practical effect of federal regulation.
States often serve as testing grounds for policies which may be adopted as federal law or policy later. This idea, often called "laboratories of democracy", was articulated by Louis Brandeis in dissent to a 1932 supreme court ruling. [5] If states are left a free hand to try different forms of regulation, the relative merits of each approach will be easier to identify. States often adopt successful regulations from other states as well. [6] One example is treatment of electronic waste. Currently, 18 states and New York City have enacted laws requiring the recycling of electronics at the end of their useful lives., [7] whereas the Federal programs do not treat electronic waste different from other solid waste. Some states have adopted legislation similar to existing legislation in other states, and Congress has recently considered several bills to regulate e-waste, perhaps as a result of pioneering state regulation.
States have also used litigation to force federal regulation. A "deluge" of litigation has forced federal agencies, and the EPA in particular, to adopt more aggressive policies. [8] Nowhere is this trend more clear than with greenhouse gas emissions. In the absence of federal climate change regulation, states have brought public nuisance suits against carbon emitters and the EPA. In Massachusetts v. EPA, a group of states succeeded in compelling EPA to promulgate rules to regulate CO2 emissions under the clean air act [9] States have spurred federal action by bringing suit against emitters directly, such as when California sued General Motors [10] and a number of states sued power companies, both over carbon emissions. [11]
Federal regulation often acts as a signal to states. States may perceive this signal to mean more stringent regulation is necessary. [12] Alternately, states may understand federal regulation to be a maximum standard or states may believe federal legislation crowds out state action. In some cases, states have reacted to federal environmental policy by enacting legislation to limit state agencies from enforcing standards more stringent than federal standards. [13] [14] States may also adopt radically different policies as a result of perceived weakness in federal legislation. [15]
Lastly, limits on state and federal power have often shaped environmental regulation. Federal law may preempt state legislation in issues of interstate commerce or navigable waters. Federalism doctrine limits federal power as well. For example, federal policy regarding non-point water pollution is typically subsidies to states with plans to regulate these emissions, in part because of the serious question as to whether the federal government can regulate interstate land use, as it applies to pollution.
Since environmental issues are so complex, it is often lawmakers' opinion that the regulations covering these issues should be broad, all-encompassing and adjustable as new information is made available. Environmental issues are often regional or nationwide and this is reflected in regulation. Some problems are addressed at the federal level or the state level, while others are regulated by both.
Under the 10th amendment, any area over which the federal government does not have authority is under state authority. Federal regulation preempts state and local legislation under the supremacy clause when the two conflict, and under the Dormant Commerce Clause when federal legislation is silent and states seek local protectionism. In many situations of environmental regulations, state and federal governments have Concurrent powers, where each government is permitted to have its own regulation.
When the federal government would like state governments to take certain actions, the federal government may use conditional spending provisions, offering money if states take the desired actions. While some link must exist between the federal money and the desired action, the links may be tenuous. The federal government may not coerce state action or commandeer state resources to take certain actions. However, when the federal government has authority to take the desired actions directly, it may use conditional preemption. Conditional preemption is where the federal government allows states to take the desired actions, and if states do not satisfy federal demands, the federal government steps in and takes over enforcement. Both the Clean Air Act and the Clean Water Act contain conditional spending provisions.
Many environmental laws establish federal standards as the minimum criteria needed to be met in order to ensure state compliance. These include the SDWA, RCRA, CAA, and CWA. The notion is that as long as states meet the federal standards, the EPA will not step in. However, there are fundamental differences regarding how this is enforced.
The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.
Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste.
United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States.
Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity, and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought suit against the Environmental Protection Agency (EPA) represented by Gregory G. Garre to force the federal agency to regulate the emissions of carbon dioxide and other greenhouse gases (GHGs) that pollute the environment and contribute to climate change.
Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.
Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” and the volume of wastes that they produce is comparably large, consisting of sewage; wastewater from sinks, showers, and galleys (graywater); hazardous wastes; solid waste; oily bilge water; ballast water; and air pollution. The waste streams generated by cruise ships are governed by a number of international protocols and U.S. domestic laws, regulations, and standards, but there is no single law or rule. Some cruise ship waste streams appear to be well regulated, such as solid wastes and bilge water. But there is overlap of some areas, and there are gaps in others.
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws.
To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.
The Office of Enforcement and Compliance Assurance (OECA) is the law enforcement arm of the United States Environmental Protection Agency (EPA). It is made up of attorneys, special agents, scientists and other employees.
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
The Guam Environmental Protection Agency is a government agency of the United States territory of Guam.
Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.
Brownfields are defined by the Environmental Protection Agency (EPA) as properties that are complicated by the potential presence of pollutants or otherwise hazardous substances. The pollutants such as heavy metals, polychlorinated biphenyls (PCB), poly- and per-fluoroalkyl substances (PFAS), and volatile organic compounds (VOCs) contaminating these sites are typically due to commercial or industrial work that was previously done on the land. This includes locations such as abandoned gas stations, laundromats, factories, and mills. By a process called land revitalization, these once polluted sites can be remediated into locations that can be utilized by the public.
Point source water pollution comes from discrete conveyances and alters the chemical, biological, and physical characteristics of water. In the United States, it is largely regulated by the Clean Water Act (CWA). Among other things, the Act requires dischargers to obtain a National Pollutant Discharge Elimination System (NPDES) permit to legally discharge pollutants into a water body. However, point source pollution remains an issue in some water bodies, due to some limitations of the Act. Consequently, other regulatory approaches have emerged, such as water quality trading and voluntary community-level efforts.
There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.
Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.
Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.