Environmental Law
Environmental protection and regulation
Overview
Environmental law is the body of law governing the protection of air, water, land, and natural resources. The modern environmental regulatory framework was largely established in the 1970s with the creation of the EPA and passage of the Clean Air Act, Clean Water Act, and National Environmental Policy Act (NEPA).
The Clean Air Act regulates emissions from stationary and mobile sources, sets National Ambient Air Quality Standards, and addresses acid rain, ozone depletion, and hazardous air pollutants. The Clean Water Act establishes the framework for regulating discharges into U.S. waters, including the Section 404 permit program for wetlands.
CERCLA (Superfund) addresses cleanup of contaminated sites, imposing strict, joint, and several liability on potentially responsible parties. RCRA governs hazardous waste management from generation to disposal. The Endangered Species Act protects threatened and endangered species and their critical habitats. Climate change regulation has become increasingly significant, with the EPA regulating greenhouse gas emissions under the Clean Air Act.
Key Federal Laws
- •Clean Air Act (42 U.S.C. § 7401 et seq.)
- •Clean Water Act (33 U.S.C. § 1251 et seq.)
- •NEPA (42 U.S.C. § 4321 et seq.)
- •CERCLA/Superfund (42 U.S.C. § 9601 et seq.)
- •Endangered Species Act (16 U.S.C. § 1531 et seq.)
Key Cases
- •Massachusetts v. EPA (2007) — CO2 as a pollutant
- •Sackett v. EPA (2023) — Clean Water Act wetlands jurisdiction
- •West Virginia v. EPA (2022) — Major questions doctrine and climate regulation
- •TVA v. Hill (1978) — ESA and the snail darter
- •Rapanos v. United States (2006) — Navigable waters definition
State Variations
States serve as the primary implementers of many federal environmental programs through delegated authority. California leads with stricter vehicle emission standards that other states may adopt. Some states have enacted their own climate legislation, renewable energy mandates, and environmental justice requirements. Water rights vary significantly between eastern riparian states and western prior appropriation states. Several states have stronger wetlands protections or chemical disclosure requirements than federal law.
Frequently Asked Questions
What is an Environmental Impact Statement?
An EIS is required under NEPA for major federal actions that significantly affect the environment. It analyzes the environmental impacts of a proposed action and alternatives, including a no-action alternative. The public comment process allows citizens to participate. An EIS does not require the agency to choose the least environmentally damaging option, only to make an informed decision.
Who is responsible for cleaning up a contaminated site?
Under CERCLA (Superfund), potentially responsible parties include current and past owners/operators of the facility, parties who arranged for disposal of hazardous substances, and transporters who selected the disposal site. Liability is strict, joint and several, and retroactive, meaning any single party can be held responsible for the entire cleanup cost regardless of their relative contribution.
Compare Environmental Law Across States
See how different states handle environmental law side by side.
Compare States