Environmental Law
Environmental law is the field of law concerned with protecting the United States’ land, air, and water resources. Environmental laws have many goals and rationales.
These laws regulate human and business activities that affect the environment. Environmental laws balance societal needs with the planet’s sustainability. This article provides an overview of environmental law, its history, examples, and legal framework.
An experienced environmental law attorney will be in the best position to identify local laws and ordinances to advise you on. If you have questions about environmental justice issues, contact an environmental law lawyer.
Environmental Law History
Environmental law is a relatively recent field developed in the 20th century. These laws address:
- Environmental pollution
- The use of natural resources
- Preserving endangered species
- Agriculture concerns
- Scientific and technological advancements
- New ecosystem awareness
Unregulated industrialization and population growth pose severe threats to the natural world. Historical events like the Industrial Revolution introduced pollution at unseen levels. New research revealed that pesticides are harmful to human health.
Industrialization and a lack of environmental regulations led to visible crises, including smog, water contamination, and habitat destruction. These events were factors that drove society to need laws to protect the environment. Because reducing environmental harm is in the public interest, environmental issues became human rights issues.
Environmental laws serve multiple purposes:
- Protect natural resources
- Ensure sustainable development
- Safeguard public health
- Pollution control
- Reduce hazardous waste
- Remediate existing damage
- Preserve biodiversity (biological diversity)
These laws operate at various levels. This includes laws at the local, state, national, and international levels. Environmental laws reflect the global nature of environmental challenges. Through regulations, standards, and policies, environmental law addresses environmental problems. They also prevent future harm, ensuring a healthier planet for future generations.
Examples of Environmental Laws
Environmental laws are generally the result of congressional action. Some laws originate from environmental disasters. One of the best examples is the 1989 Exxon Valdez oil spill. The Exxon Valdez oil spill resulted in millions of gallons of oil spilling into Prince William Sound off the coast of Alaska. One of the immediate effects of the incident was the severe loss of animal life, such as seabirds, sea otters, and bald eagles. The spill caused a significant change to the ecosystem of Prince William Sound.
The Oil Pollution Act of 1990 responded to this oil spill and put greater responsibility on oil companies. It required companies to create plans to prevent and contain spills before new drilling. The OPA funds the Oil Spill Liability Trust Fund and requires ships to have double hulls instead of single hulls.
Other environmental laws include the Clean Air Act, which regulates air quality. The Clean Water Act regulates water pollution. The Endangered Species Act protects endangered plant and animal species and their habitats. The Emergency Planning and Community Right-to-Know Act requires companies to report the use and release of hazardous chemicals. It helps communities to plan for emergencies involving hazardous substances.
Environmental Government Agencies
There are several federal agencies tasked with environmental management. The executive agency responsible for protecting the environment is the Environmental Protection Agency. The EPA began in 1970. The role of the EPA is to ensure compliance through environmental assessments, prevention programs, and enforcement measures. Enforcement includes sanctions and fines.
For example, the EPA helps ensure that car manufacturers are honest about fuel-efficiency levels. Vehicle manufacturers who fail to meet these standards face fines and penalties.
Environmental Impact Laws
One of the drawbacks of the EPA is that it typically only handles public violations. Generally, the EPA will not prosecute those who commit acts that pollute someone’s personal property. However, private land use does not give anyone the right to do whatever they wish. For example, you can sue over pollution on private property. One example could be a company disposing of toxic garbage onto private property.
Groups of people can bring class-action suits against corporations that negatively affect their environment. One well-known example is the case of Anderson et al. v. Pacific Gas and Electric, made famous in the film “Erin Brockovich.” In this case, the citizens of Hinkley, California, filed a class-action suit against Pacific Gas and Electric for alleged groundwater contamination. These lawsuits are complicated and labor-intensive. To be successful, you must prove a direct relationship between the violation and the environmental damages.
The Inflation Reduction Act of 2022 created new incentives for solar panels, more stringent regulations for lead in drinking water, and automobile emissions goals. Other issues like climate change have become political hot topics.
If you have questions about environmental and natural resource laws, contact a local environmental law lawyer for legal advice.
Additional Environmental Law Articles
- 3 Infamous Environmental Lawsuits
- Environmental Laws and Oil Spills
- Common Environmental Law Violations
- Is There A Web Site Where Can I Find The Epa Air Emission Standards Or Operational Legal Limits For My Small Business?
- The Epa Will Prosecute Polluters On Behalf Of The General Public, But What If Someone Pollutes Your Land? Who Will Stop Them?