Environmental Law Overview
Environmental law involves statutes, common law, treaties, conventions, regulations and policies relating to the protection of the natural environment and regulation of human activities that impact the environment. These laws and policies relate to almost every aspect of life in the United States, such as quality standards for clean air and drinking water, as well as regulation of car emissions and hazardous chemicals found in household products.
Aspects of Environmental Law
- Nuisance
A nuisance occurs when an owner or occupier of land uses the land in an unreasonable way that substantially interferes with the rights of others in the area. Nuisances can be public or private. A public nuisance interferes with a right or interest common to the general public, such as the public's interest clean air. A private nuisance interferes with a right or interest of a private individual, such as a homeowner's right to the quiet enjoyment of her land. Government agencies traditionally bring suits when public nuisances occur, but may also do so when private nuisances interfere with the public.
- Air Pollution
Air pollutants such as carbon monoxide, sulfur oxide, nitrogen oxide and hydrocarbons are produced by a variety of sources, including car emissions, industrial processes and combustion plants. These air pollutants can create acid rain, global climate changes, ozone depletion and can threaten human health. The Clean Air Act (CAA) and its amendments form the basis for the primary federal regulation of air pollution. Each state must design a plan to develop and maintain the air quality standards within its jurisdiction and is also required to comply with the minimum national thresholds created by the CAA. This allows states to enact more strict regulations than those required by the federal government.
- Water Pollution
Discharges of organic wastes, heated water, nutrients, sediments, toxic chemicals, detergents and other hazardous substances can all make water unfit for human use and can harm aquatic life. The three major sources of these types of water pollution are industry, municipal activity and agriculture.Federal regulation of water pollution begins with the Federal Water Pollution Control Act (FWPCA) and the Clean Water Act (CWA). The Acts are designed to make waters clean and measure pollutants in the water. The CWA also create cleanup provisions and liability for harmful discharges like oil spills in the water. The Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA) regulates ocean dumping and international water pollution problems.
- Toxic and Hazardous Substances
The federal government uses various forms of legislation to regulate the manufacture, storage, disposal, sale and discharge of hazardous substances, which include toxic substances like pesticides and chemicals. Some of the acts governing these substances include the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
- Preservation of Wilderness and Wildlife
The federal government is required to protect important aspects of the national heritage and ensure safe and pleasing surroundings. The government has three land preservation categories: the National Park System to save forested and recreational areas, the National Wilderness Preservation System to protect areas like the Florida Keys and the National Wildlife Refuge to provide sanctuaries for fish and game). Congress has also passed the Endangered Species Act to protect animals in danger of extinction.
Contacting an Environmental Lawyer
Environmental law is a complicated field with many regulations. If you have environmental concerns or questions, an environmental lawyer can help you to understand your rights and resolve your legal concerns.
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