Environmental Law and Policy

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CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act- passed in 1980 provides a federal "Superfund" to clean up uncontrolled or abandoned hazardous waste sites as well as accidents, spills, or other emergency releases of pollutants and contaminants into the environment. The EPA was given power to seek out those parties responsible and assure their cooperation in the cleanup.

CITES

Convention of the International Trade of Endangered Species- passed in 1975- also known as the Washington Convention- its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild, and it accords varying degrees of protection to more than 35,000 species

ESA

Endangered Species Act- passed in 1973- provides a program for the conservation of threatened and endangered plants and animals and the habitats where they are found. Mostly led by U.S. Fish and Wildlife Services (FWS) and U.S. National Oceanic and Atmospheric Administration Fisheries Service (NOAA). The FWS maintains a list of endangered species worldwide. The law requires federal agencies to ensure that actions they authorize, fund, or carry out are not likely to jeopardize endangered species or their habitats or the import, export, interstate, and foreign commerce of listed species is prohibited.

FIFRA

Federal Insecticide, Fungicide, and Rodenticide Act- passed in 1996- provides for the federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the US must be registered by the EPA. Before the EPA can register a pesticide they it must follow this rule "will not generally cause unreasonable adverse effects on the environment". FIFRA defines the term ''unreasonable adverse effects on the environment'' to mean: (1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act.''

NEPA

National Environmental Policy Act- passed in 1969- one of the first laws ever written that establishes a national framework for protecting our environment. Its basic policy is to assure that all branches of government give proper consideration to the environment before undertaking major federal actions. NEPA requirements are invoked when airports, buildings, military complexes, highways, parkland purchases, and other federal activities are proposes. Assessments of the potential impacts are required from all federal agencies.

NWPA

Nuclear Waste Policy Act- passed in 1982- supports the use of deep geologic repositories for the safe storage and/or disposal of radioactive waste. It establishes procedures to evaluate and select sites for geologic repositories and for the interaction of state and federal governments. It also provides a timetable of key milestones federal agencies must meet in carrying out the program. It assigns the Department of Energy the responsibility to site, build, and operate a deep geologic repository for disposals of high level waste and spent nuclear fuel. It directs the EPA to develop standards for protection of general environment from offsite releases of radioactive material in repositories.

CWA

Originally Federal Water Pollution Control Amendments of 1972- passed in 1972 establishes basic structure for regulating discharges of pollutants into the waters of the U.S. and regulates quality standards of surface waters. Under this, the EPA has implemented pollution control programs such as setting wastewater standards for industry. Made it unlawful to discharge any pollutant from a point source into navigable waters unless a permit is obtained.

CAA

Passed in 1970- regulates air emissions from stationary and mobile sources Authorizes the EPA to establish National Ambient Air Quality Standards to protect public health and monitor hazardous air pollutants.

RCRA

Resource Conservation and Recovery Act- passed in 1976- gives the EPA the authority to control hazardous waste from the "cradle-to-grave". This includes the generation, transportation, treatment, storage, and disposal of hazardous wastes. Also set forth a framework for the management of non- hazardous solid wastes. It also enables the EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances.

SDWA

Safe Drinking Water Act- passed in 1974- mandate was to focus on the safety and quality of drinking water in the U.S. or potentially designed for drinking use whether from above ground or below ground. This act authorized the EPA to establish minimum standards to protect tap water and require all owners/operators of public water systems to comply with health related standards. State governments can be approved to implement these rules for the EPA.

SARA

Superfund Amendments and Reauthorization Act passed in 1986- reauthorized CERCLA to continue clean up activities around the country. Several site-specific amendments, definitions clarifications, and technical requirements were added to the legislation, including enforcement authorities. It also authorized the Emergency Planning and Community Right-to-Know Act.

TSCA

Toxic Substances Control Act- passed in 1976- provides the EPA with the authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA including food, drugs, cosmetics, and pesticides.

Kyoto Protocol

an international agreement struck by 159 nations attending the Third Conference of Parties to the UN Framework Convention on Climate Change held in December of 1997 in Kyoto, Japan. The goal was to reduce worldwide emissions of greenhouse gases. If ratified and put into force, individual countries have committed to reduce greenhouse gas emissions by a specified amount.

Montreal Protocol

passed in 1987- this is the international treaty governing the protection of stratospheric ozone. Under this, several international organization report on the science of ozone depletion. Due to its widespread implementation, it has been hailed as one of the most successful international agreements to date and has helped to lessen the ozone hole above Antarctica.


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