The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage; requires specific operating procedures; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries.
The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Such a navigable water is called a waterway, and is preferably with few obstructions against direct traverse that needed avoiding, such as rocks, reefs or trees. Bridges built over waterways must have sufficient clearance. High flow speed may make a channel unnavigable due to risk of ship collisions. Waters may be unnavigable because of ice, particularly in winter or high-latitude regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a motorboat or a kayak, but unnavigable by a larger freighter or cruise ship. Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level, or by dredging that deepens parts of the stream bed.
The Refuse Act is a United States federal statute governing use of waterways. The Act, a section of the Rivers and Harbors Act of 1899, prohibited "dumping of refuse" into navigable waters, except by permit.
The Rivers and Harbors Appropriation Act of 1899 is the oldest federal environmental law in the United States. The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United States without a permit; this specific provision is known as the Refuse Act. The Act also makes it a misdemeanor to excavate, fill, or alter the course, condition, or capacity of any port, harbor, channel, or other areas within the reach of the Act without a permit. The Act also made it illegal to dam navigable streams without a license from Congress. This provision was included for the purposes of hydroelectric generation, at a time when the electric utility industry was expanding rapidly.
Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA) or Ocean Dumping Act is one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research. While the MPRSA regulates the ocean dumping of waste and provides for a research program on ocean dumping, it also provides for the designation and regulation of marine sanctuaries. The act regulates the ocean dumping of all material beyond the territorial limit and prevents or strictly limits dumping material that "would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities". The MPRSA authorized the Environmental Protection Agency (EPA) to regulate ocean dumping of materials including, but not limited to, industrial waste, sewage sludge, biological agents, radioactive agents, NBC, garbage, chemicals, and biological and laboratory, as well as other wastes, into the territorial waters of the United States through a permit program. The EPA can issue permits for dumping of materials other than dredge spoils if the agency determines, through a full public notice and process, that the discharge will not unreasonably degrade or endanger human health or welfare or the marine environment. The law also has provisions related to creating marine sanctuaries, conducting ocean disposal research and monitoring coastal water quality.
S. D. Warren Co. v. Maine Board of Environmental Protection, 547 U.S. 370 (2006), was a case decided by the Supreme Court of the United States involving licensing requirements under the Clean Water Act. The Court ruled unanimously that hydroelectric dams were subject to section 401 of the Act, which conditioned federal licensing for a licensed activity that could result in "any discharge" into navigable waters upon the receipt of a state certification that water protection laws would not be violated. The Court believed that since the Act did not define the word "discharge" it should be given its ordinary meaning, such that the simple flowing forth of water from a dam qualified.
The Act to Prevent Pollution from Ships is a United States law that implements the provisions of MARPOL and the annexes to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in April 2006, when the U.S. Senate approved Annex VI, which regulates air pollution. Following that approval, in March 2007, the House of Representatives approved legislation to implement the standards in Annex VI, through regulations to be promulgated by Environmental Protection Agency in consultation with the U.S. Coast Guard.
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.
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.
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as "waters of the United States." That provision was the basis for the federal wetlands-permitting program.
Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.
Water pollution in the United States is a growing problem that became critical in the 19th century with the development of mechanized agriculture, mining, and industry, although laws and regulations introduced in the late 20th century have improved water quality in many water bodies. Extensive industrialization and rapid urban growth exacerbated water pollution as a lack of regulation allowed for discharges of sewage, toxic chemicals, nutrients and other pollutants into surface water.
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.
Oil spill governance in the United States is governed by federal law.
The Oil Pollution Act of 1973 or Oil Pollution Act Amendments of 1973, 33 U.S.C. Chapter 20 §§ 1001-1011, was a United States federal law which amended the United States Statute 75 Stat. 402. The Act of Congress sustained the United States commitment to control the discharge of fossil fuel pollutants from nautical vessels and to acknowledge the embargo of coastal zones in trans-boundary waters.
On November 3, 1966, President Lyndon Johnson signed the Clean Waters Restoration Act. The previous year's Water Quality Act required the states to establish and enforce water quality standards for all interstate waters that flowed through their boundaries. To make that possible, the Clean Waters Restoration Act provided federal funds for the construction of sewage treatment plants. This act and others that followed over the next decade had a significant impact in reducing pollution and restoring rivers.
County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020), was a United States Supreme Court case involving pollution discharges under the Clean Water Act (CWA). The case asked whether the Clean Water Act requires a permit when pollutants that originate from a non-point source can be traced to reach navigable waters through mechanisms such as groundwater transport. In a 6–3 decision, the Court ruled that such non-point discharges require a permit when they are the "functional equivalent of a direct discharge", a new test defined by the ruling. The decision vacated the ruling of the United States Court of Appeals for the Ninth Circuit, and remanded the case with instructions to apply the new standard to the lower courts with cooperation of the Environmental Protection Agency (EPA).
New Jersey Water Pollution Control Law consists of legislative and regulatory measures intended to limit the amount of harmful substances found in the state's lakes, rivers, and groundwater. In New Jersey, the federal Clean Water Act and the state Water Pollution Control Act are the most significant pieces of water pollution control legislation. These laws are implemented and enforced by the New Jersey Department of Environmental Protection (NJDEP).
