There are numerous different federal and state environmental laws and environmental regulations that have been enacted through legislative action in addition to governmental agency actions. There are federal agencies, such as the United States Environmental Protection Agency (EPA), that are authorized by Congress to inspect and enforce environmental laws and regulations.
Specifically, environmental law includes the laws and regulations that govern:
- Pollution;
- Natural resources;
- Animal rights; and
- Environmental conservation.
In years past, environmental laws were based largely on nuisance principles. One good example of this would be regulations addressing obnoxious smells that come from contaminated land or water.
Environmental laws and regulations are intended to protect the environment and preserve it for the future without interfering with business and commerce. Inducements and regulations are used to carry out these policies under United States laws.
Inducements are positive or negative motivations that are intended to influence individuals and groups of individuals when carrying out environmental policies.
What Are the Most Significant Environmental Regulations?
Government regulations are sets of rules that govern how environmental policies are addressed. The most well-known environmental regulations are those of the Environmental Protection Agency (EPA).
Congress authorizes the EPA to produce regulations that outline the details and procedures that may not be included in the laws. There are other agencies that regulate specific activities.
One example of this is how the United States Forest Services manages national forests. Environmental laws regulate both public use and business use.
The major concerns of environmental law include:
- Air quality;
- Water quality;
- Waste management;
- Contaminant cleanup;
- Chemical safety; and
- Hunting and fishing.
Although many of the issues listed above concern businesses, hunting and fishing issues involve consumers. Dams may also affect businesses if they want to build on conservation or hunting lands or dam a body of water that may impact migration of fish.
What Is Environmental Justice?
Environmental justice is a movement that attempts to prevent discrimination of certain communities in the development, implementation, and enforcement of environmental laws and regulations. Every individual benefits from a cleaner environment.
Certain communities, however, shoulder the burden of the costs more than other groups of individuals. The environmental justice movement seeks to empower communities to publicly participate in the administration process of environmental laws.
Why Is Environmental Justice Important in Development?
Environmental justice is a human rights issue as well as a public health issue. Communities that are marginalized may be at a disproportionate risk of exposure to:
- Lead;
- Air pollution;
- Hazardous waste; and
- Extreme heat.
Environmental justice is the fair treatment and meaningful involvement of all individuals, regardless of their national origin, color, race, or income, with respect to the development, implementation, and enforcement of environmental policies, regulations, and laws.
What Are the Major Environmental Laws?
There are an extensive number of environmental laws in the United States. In addition to the laws that specifically pertain to the environment, there are also other laws that, although they are not specifically about the environment, they will impact the environment.
The major laws that pertain to the environment specifically include:
- Clean Air Act;
- Clean Water Act;
- CERCLA, or Superfund cleanup of contaminated sites;
- Endangered Species Act;
- Energy Policy Act of 2005;
- Federal Land Policy and Management Act;
- Food Quality Protection Act;
- National Environmental Policy Act;
- National Forest Management Act;
- Nuclear Waste Policy Act;
- Ocean Dumping Act;
- Oil Pollution Act; and
- Safe Drinking Water Act.
Although there are many other laws that affect the environment, those listed above provide what issues environmental laws are intended to protect, such as:
- Land;
- Water;
- Animals;
- Forests;
- Things that individuals consume; and
- Other issues of environmental and human health.
In addition to federal laws, environmental laws can also be enacted at the state level as well as at the local level. Most states have their own environmental regulatory agencies in addition to agencies that regulate natural resources.
Both federal courts and state courts have also played a role in the development of environmental laws in the United States.
What Are Real World Examples of Environmental Justice Actions?
Environmental justice is commonly portrayed as an environmental civil rights movement. The environmental justice movement includes numerous different issues, including:
- Toxic plants and landfills: These types of heavy polluters are often located near minority and poor communities. The land around these sites is cheap. Usually, many minority communities are located in such areas because of the low rent;
- These communities are heavily burdened with environmental costs, for example, smell and health problems;
- Other communities reap the benefits while being free from the pollution;
- Zoning laws: Local governments often zone lands in such a way that heavy polluters can only build their plants next to certain communities. This is an example of the type of discrimination that environmental justice seeks to prevent; and
- Transportation: Some laws require trucks and heavy vehicles to drive along specific routes. This causes high levels of pollution to be found in certain communities.
What Are the Claims of Environmental Justice?
The claims that fall under the environmental justice umbrella include air pollution, zoning, and water contamination that places housing near industrial areas or dumps.
What Are Environmental Violations?
An environmental violation is a condition of activity that fails to comply with environmental regulations or laws. Examples of environmental violations may include, but may not be limited to:
- Illegal hazardous waste dumping;
- Illegal pesticide use;
- Burning garbage;
- Improperly disposing of and removing asbestos;
- Destruction of wetlands;
- Unpermitted industrial activity;
- Releasing particulates into the air; and
- Illegal automobile emissions.
There are certain activities that rise beyond the level of environmental violations and constitute an environmental emergency, such as oil or chemical spills. These types of violations may lead to environmental litigation.
What Is Environmental Contamination?
Environmental contamination is the introduction of a toxic substance into an environment. It may also arise when a waste or a chemical is introduced in a quantity that damages the environment and renders it unsuitable for its next intended purpose.
Environmental contamination may also include contamination that is not usually toxic, for example, sale. There have been cases of salt being poured onto an individual’s property and rendering that property useless for farming.
Sale in the soil cannot be removed and can last for hundreds of years. In these types of cases, the salt itself is not necessarily toxic but the contamination of the sale is so great that it cannot be reversed, thereby rendering the property unusable.
What Is Contaminated Property?
Contaminated property, or a contaminated site, is land that has been contaminated by an environmental violation. Things that may cause a site to become contaminated include:
- Mineral extractions;
- Accidental spills;
- Illegal dumping;
- Waste disposal;
- Pesticide use;
- Fertilizer applications;
- National defense activities; and
- Acts of nature, for example, hurricanes.
The EPA tries to track sites that are contaminated across the United States. The EPA also oversees the cleanup of these contaminated sites.
What Should I Do if I Am a Victim of Environmental Injustice?
If you believe that your community may be suffering from environmental injustice, it is important to consult with a government lawyer to learn more about the possible remedies that may be available. In many cases, environmental justice lawyers will fight good causes at no charge.
Even if an individual does not wish to initiate a lawsuit, an environmental justice lawyer can inform them of other options.
