The Environmental Policy of the United States

Recently the news outlet Express reported that global warming is on hiatus. The scientist Dr. Benny Peiser believes that this week marks the 18th anniversary of the last time that the Earth’s temperature actually rose. He adds that the public is becoming skeptical of the notion that the Earth is heating up as well as global warming theories altogether. According to Dr. Peiser, the Earth’s temperature has not risen at all in two decades, a phenomenon scientist are having a difficult time explaining.

Global warming, greenhouse gas emissions, and pollution are international concerns and hotly debated political topics here at home. The United States has been a global leader when it comes to issues that affect the international environment. But what are the environmental laws governing our own country?

environmental policy of the USA

What is Environmental Law?

Generally, environmental law is a complicated assortment of laws at the state, federal and international level that deal with issues associated with the environment and protecting the worlds natural resources. Most environmental laws pertain to concerns such as global warming, the pollution of air, water, or soil and the exhaustion of the worlds supplies of oil, coal, and clean water.

What is the Environmental Protection Agency?

The Environmental Protection Agency, or the EPA, is the federal agency tasked with administering the federal environmental regulations of the United States. This agency was created in late 1970 as a federal response to the growing public concern surrounding pollutions effects on the environment. The agency has the ability to pass and enforce regulations designed to protect both human health and the natural environment. The EPA enforces such regulations by the filing of legal action at both the civil and criminal levels, and imposing fines. Further, most states have their own version of the EPA in order to enforce state level regulations concerning the environment as well.

Major Federal Environmental Laws and the Common Law

There are several major environmental laws that have shaped the environmental policy of the United States over the last 40 years.

  • The Endangered Species Act: Passed in 1973, the Acts goals are to prevent the extinction of endangered plants and animals as well as to work to recover the numbers of these species in the wild.
  • The Resource Conservation and Recovery Act: Passed in 1976, the Act governs the disposal of solid and hazardous waste. Its goal is to reduce waste and encourage the public to recycle.
  • The Comprehensive Environmental Response Compensation and Liability Act: Passed in 1980, the Acts goal is to clean up previously polluted areas of the country. The Act also holds liable anyone who engages in the improper disposal of hazardous waste.
  • The Clean Air Act: Passed in 1970, the Acts goal is to protect the nations air quality by regulating both stationary and mobile sources of pollution.
  • Further, there are several common law legal theories available to a landowner whose land is being polluted. The landowner may sue the polluter under one of the following tort theories and may collect damages or obtain an injunction:
    •   Trespass to land  The polluter is causing a physical invasion upon the landowners property. For example, intentionally dumping waste upon anothers land and causing damages.
    •   Public Nuisance  The polluter is doing something that has or could damage the public health at large. For example, intentionally releasing toxins into a public source of drinking water and causing damages.
    •  Private Nuisance The polluter is interfering with the landowners use and enjoyment of his own land. For example, intentionally allowing a large amount of dust to spread into the air over directly above anothers land and causing damages.

The federal and state regulations regarding the environment are complex and oftentimes overlapping. Our appellate attorneys concentrate on federal laws and regulations. Please contact us if you have a question regarding federal law or an appeal.

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