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119-579: The Clean Water Act was one of the United States' first and most influential modern environmental laws . Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers . Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100–140, 401–471, and 501–503). Technically,

238-429: A "significant nexus" with a navigable body of water. The minority opinion, by Justice John Paul Stevens and joined by Justices David Souter , Ruth Bader Ginsburg and Stephen G. Breyer , accused the plurality of threatening the environment, failure to defer to the executive branch, and judicial activism. Lower courts used both the plurality and the nexus definition in subsequent cases involving wetlands. The EPA and

357-469: A 9% increase . The association was stronger in those over 75 than in the population aged 65–74. This example is a small reflection of residents of the United States remain at risk of waterborne gastrointestinal illness under current water treatment practices. Reproductive problems refer to any illness of the reproductive system . New research by Brunel University and the University of Exeter strengthens

476-464: A budgetary procedure known as " earmarking ." Section 301 of the Act prohibits discharges to waters of the U.S. except with a permit. ( See Title IV for discussion of permit programs.) Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges. ( See Regulation of ship pollution in the United States .) Under

595-785: A complete inquiry of social and economic costs and benefits of achieving goals of the Act. Under section 309, EPA can issue administrative orders against violators, and seek civil or criminal penalties when necessary: States that are authorized by EPA to administer the NPDES program must have authority to enforce permit requirements under their respective state laws. Military bases, national parks and other federal facilities must comply with CWA provisions. Section 316 requires standards for thermal pollution discharges, as well as standards for cooling water intake structures (e.g., fish screens ). These standards are applicable to power plants and other industrial facilities. The 1987 amendments created

714-582: A core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012, or Rio+20). Defined by UNEP to include intergenerational equity – "the right of future generations to enjoy a fair level of the common patrimony" – and intragenerational equity – "the right of all people within

833-797: A country's legal system is completely divorced from its moral values, people may not abide by the laws and they will lose their significance and effectiveness. Despite environmental regulations, the water in India's River Ganges remains poor as an example. According to the International Network for Environmental Compliance and Enforcement (INECE), the major environmental issues in Africa are "drought and flooding , air pollution, deforestation , loss of biodiversity , freshwater availability, degradation of soil and vegetation, and widespread poverty." The U.S. Environmental Protection Agency (EPA)

952-432: A demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living – focused on social, environmental and spiritual wealth versus material wealth – gained popularity among citizens and was incorporated into the new constitution. The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated

1071-513: A demonstration grant program at the EPA to expand the research and development of non-point controls and management practices. Congress created a major public works financing program for municipal sewage treatment in the 1972 CWA. A system of grants for construction of municipal sewage treatment plants was authorized and funded in Title II . In the initial program, the federal portion of each grant

1190-791: A higher rate of Parkinson's. The risk was 90 percent higher for those who had private wells near fields sprayed with widely used insecticides. Unlike water supplies in large cities, private wells are mostly unregulated and are not monitored for contaminants. Many of them exist at shallow depths of less than 20 yards, and some of the crop chemicals used to kill pests and weeds can flow into ground water. Therefore, private wells are likely to contain pesticides, which can attack developing brains (womb or infancy), leading to neurological diseases later in life. A study led by UCLA epidemiology professor Beate Ritz suggests that "people with Parkinson's were more likely to have consumed private well water, and had consumed it on average 4.3 years longer than those who did not have

1309-491: A legal obligation of a clean environment, by establishing a principle of compensation and a foundation of criminal nature. By this phenomenon , Congolese environmental law is situated between non-regression and the search for efficiency." With the enactment of the 2008 Constitution , Ecuador became the first country in the world to codify the Rights of Nature . The Constitution, specifically Articles 10 and 71–74, recognizes

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1428-474: A legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice. Environmental law has developed in response to emerging awareness of—and concern over—issues impacting the world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as

1547-431: A means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses , prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching . Fish and game laws regulate

1666-402: A primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach an agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law

1785-399: A reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry , most famously the class-action litigation against Chevron , and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa , and sparked

1904-561: A reason for postponing cost-effective measures to prevent environmental degradation . The principle may play a role in any debate over the need for environmental regulation. The polluter pays principle is the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large." All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle. Environmental law

2023-446: A result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. Global and regional environmental issues are increasingly the subject of international law . Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations. Customary international law

2142-635: A surface area basis), and a little more than 70 percent of the nation's coastlines, and 90 percent of the surveyed ocean and near coastal areas were also impaired. The primary mode of informing the quality of water of rivers, lakes, streams, ponds, estuaries, coastal waters and wetlands of the U.S. is through the National Water Quality Inventory Report. Water quality assessments are conducted pursuant to water quality standards adopted by states and other jurisdictions (territories, interstate commissions and tribes). The report

2261-572: A system of construction grants. The 1972 CWA provided that federal funds would support 75% of project costs, with state and local funds providing the remaining 25%. In 1981 Congress reduced the federal funding proportion for most grants to 55%. The construction grant program was replaced by the Clean Water State Revolving Fund in the 1987 WQA ( see Title VI ), although some local utilities continued to receive "special purpose project grants" directly from Congress, through

2380-771: A three-tiered anti-degradation program. Anti-degradation procedures identify steps and questions that need to be addressed when specific activities affect water quality. "Tier 1" requirements are applicable to all surface waters. These requirements maintain and protect current uses and the water quality conditions to support existing uses. Current uses are identified by showing that fishing, swimming, and other water uses have occurred and are suitable since November 28, 1975. "Tier 2" requirements maintains and protects water bodies with existing conditions that are better to support "fishable/swimmable" uses pursuant to CWA section 101(a)(2). "Tier 3" requirements maintain and protect water quality in "outstanding national resource waters" (ONRWs), which are

2499-533: A whole. Some laws are seen as temporary or transitional where political realities prevent adoption of more ideal rules. Pope Francis in his 2015 encyclical letter Laudato si' acknowledged that "political realism may call for transitional measures and technologies, so long as these are accompanied by the gradual framing and acceptance of binding commitments". The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for

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2618-433: Is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations versus market solutions to achieve even agreed-upon ends. Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. In cases where

2737-403: Is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include

2856-448: Is conveyed to Congress as a means to inform Congress and the public of compliance with quality standards established by states, territories and tribes. The assessments identify water quality problems within the states and jurisdictions, list the impaired and threatened water bodies, and identify non-point sources that contribute to poor water quality. Every two years states must submit reports that describe water quality conditions to EPA with

2975-520: Is currently in the process of developing more stringent legal controls. The harmonization of Chinese society and the natural environment is billed as a rising policy priority. Environmental lawsuits have been available in China since the early 2000s. Public protest, however, plays a greater role in shaping China's environmental policy than litigation does. In the Republic of Congo , inspired by

3094-670: Is diluted by water. Methodology of mixing zone procedure determines the location, size, shape and quality of mixing zones. Variance policy temporarily relax water quality standard and are alternatives to removing a designated use. States and tribes may include variance as part of their water quality standard. Variance is subject to public review every three years and warrant development towards improvement of water quality. The "Low Flow" policy pertains to states and tribes water quality standards that identify procedures applied to determining critical low flow conditions. Most NPDES permittees are required to collect samples of their wastewater and analyze

3213-555: Is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislation specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations include : The Basic Environmental Law is the basic structure of Japan's environmental policies replacing the Basic Law for Environmental Pollution Control and

3332-547: Is focused on the "growing urban and industrial pollution, water quality, electronic waste and indoor air from cookstoves." They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to "protect human health, particularly vulnerable populations such as children and the poor." In order to accomplish these goals in Africa, EPA programs are focused on strengthening

3451-503: Is split between private and public management, with public forests being sovereign property of the State. Forestry laws are now considered an international affair. Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity , or as

3570-714: Is summed up by former Senator and founder of Earth Day Gaylord Nelson , "The economy is a wholly owned subsidiary of the environment, not the other way around." Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. Environmental law conferences – such as

3689-914: Is the Kyoto Protocol , which followed from the United Nations Framework Convention on Climate Change . While the bodies that proposed, argued, agreed upon, and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972's United Nations Conference on the Human Environment , 1983's World Commission on Environment and Development , 1992's United Nations Conference on Environment and Development , and 2002's World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing

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3808-449: Is the collection of laws, regulations , agreements and common law that governs how humans interact with their environment. This includes environmental regulations ; laws governing management of natural resources , such as forests , minerals , or fisheries; and related topics such as environmental impact assessments . Environmental law is seen as the body of laws concerned with the protection of living things (human beings inclusive) from

3927-541: Is water quality criteria which serves as a basis for limiting the toxicity of waste discharges to aquatic species. A biological criterion is based on the aquatic community which describes the number and types of species in a water body. A nutrient criterion solely protects against nutrient over enrichment, and a sediment criterion describes conditions of contaminated and uncontaminated sediments to avoid undesirable effects. The water quality regulations include an anti-degradation policy that requires states and tribes to establish

4046-718: The 2012 case ), was a United States Supreme Court case related to the scope of the Clean Water Act . Before 1972, the Federal Water Pollution Control Act (FWPCA) gave the Environmental Protection Agency (EPA) oversight of pollution into the navigable waters of the United States. The Clean Water Act was brought into law in 1972 to amend the FWPCA to expand oversight beyond navigable waters, but all "waters of

4165-519: The Nature Conservation Law . The updated law aims to address "global environmental problems, urban pollution by everyday life, loss of accessible natural environment in urban areas and degrading environmental protection capacity in forests and farmlands." Sackett v. Environmental Protection Agency (2023) Sackett v. Environmental Protection Agency , 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from

4284-513: The Nonpoint Source Management Program under CWA section 319. This program provides grants to states, territories and Indian tribes to support demonstration projects, technology transfer , education, training, technical assistance and related activities designed to reduce nonpoint source pollution. Grant funding for the program averaged $ 210 million annually for Fiscal Years 2004 through 2008. Congress amended

4403-796: The Safe Drinking Water Act , Resource Conservation and Recovery Act , and the Superfund act. Contamination of drinking water supplies can not only occur in the source water but also in the distribution system. Sources of water contamination include naturally occurring chemicals and minerals (arsenic, radon, uranium), local land use practices (fertilizers, pesticides, concentrated feeding operations), manufacturing processes, and sewer overflows or wastewater releases. Some examples of health implications of water contamination are gastrointestinal illness, reproductive problems, and neurological disorders. Infants, young children, pregnant women,

4522-585: The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to provide an expanded credit program for water and wastewater infrastructure projects, with broader eligibility criteria than the previously authorized revolving fund unter CWA Title VI. Pursuant to WIFIA, EPA established its Water Infrastructure and Resiliency Finance Center in 2015 to help local governments and municipal utilities design innovative financing mechanisms, including public–private partnerships . Congress amended

4641-610: The " Great Smog " of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956 . The basic regulatory structure was to set limits on emissions for households and businesses (particularly burning of coal ) while an inspectorate would enforce compliance. Chemical safety laws govern the use of chemicals in human activities, particularly human-made chemicals in modern industrial applications. As contrasted with media-oriented environmental laws (e.g., air or water quality laws), chemical control laws seek to manage

4760-757: The "Tasmanian Dam Case", was a highly significant case in Australian environmental law. The Environment Protection and Biodiversity Conservation Act 1999 is the centerpiece of environmental legislation in Australia. It sets up the "legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places" and focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park , and

4879-459: The "functional equivalent of a direct discharge" to navigable waters, such as in this case, the injection of wastewater into groundwater injection wells . As of the time of the case's decision, this was not an area the EPA has established regulations for, and the Court instructed the EPA to work with the courts to define such functional equivalents. The Court wrote that this would likely depend most on

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4998-696: The (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides . Water resources laws govern the ownership and use of water resources , including surface water and ground water . Regulatory areas may include water conservation , use restrictions, and ownership regimes. Forestry laws govern activities in designated forest lands , most commonly with respect to forest management and timber harvesting . Forestry laws generally adopt management policies for public forest resources, such as multiple use and sustained yield . Forest management

5117-436: The 1972 act EPA began to issue technology-based standards for municipal and industrial sources: As of 2023 the effluent guidelines and categorical pretreatment standards regulations have been published for 59 categories and apply to between 35,000 and 45,000 facilities that discharge directly to the nation's waters,129,000 facilities that discharge to POTWs, and construction sites. These regulations are responsible for preventing

5236-699: The APA, but the Supreme Court reversed in a 2012 decision , now known as Sackett I . The Sacketts argued to the United States District Court for the District of Idaho on remand from the Supreme Court that their land was not subject to the CWA. In 2019, the district court applied Kennedy's test from Rapanos , and held the lot was regulated by the CWA. The United States Court of Appeals for

5355-478: The African models of the 1990s, the phenomenon of constitutionalization of environmental law appeared in 1992, which completed an historical development of environmental law and policy dating back to the years of independence and even long before the colonization. It gives a constitutional basis to environmental protection, which traditionally was part of the legal framework. The two Constitutions of 15 March 1992 and 20 January 2002 concretize this paradigm, by stating

5474-485: The CWA in 1996 to require development of Uniform National Discharge Standards ("UNDS") for military vessels. EPA and the Department of Defense published standards in 2017 and 2020. States are required to certify that discharges authorized by federal permits will not violate the state's water quality standards. Environmental law Environmental laws are laws that protect the environment. Environmental law

5593-522: The Corps adopted a new definition of protected wetlands that incorporated both of the Rapanos definitions into new rules. Chantell and Michael Sackett purchased a 0.63-acre vacant lot near Priest Lake , Idaho , in 2004. They began constructing their home there in 2007, after obtaining building permits from local authorities. Shortly after, United States Environmental Protection Agency officials informed

5712-615: The EPA's and Corps' rule-making. The 2006 Supreme Court case Rapanos v. United States consolidated two cases that raised the question of whether wetlands that were hydrologically isolated or were not adjacent to other waters of the United States could be covered by the CWA or the EPA/Corps rule-making. The Court was split, 4–1–4. The plurality opinion was by Justice Antonin Scalia and joined by Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas . Scalia wrote that

5831-648: The EU (so called regulations) and many directives that must be implemented into national legislation from the 27 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the bird Directive (79/409/EEC/ changed to 2009/147/EC)and the habitats directive (92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation, linked to

5950-514: The Environment . Their duties include "the preservation and enhancement of the quality of the natural environment, including water, air and soil quality ; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology;" The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place March 31, 2000. The Act focuses on "respecting pollution prevention and

6069-623: The Ninth Circuit affirmed in August 2021, and rejected an attempt by the EPA to moot the litigation by withdrawing the compliance order. The Sacketts filed a petition for a writ of certiorari . The petitioners sought to determine whether the Rapanos decision should be revisited to instead adopt the plurality opinion's test to determine whether a wetland fell under the Clean Water Act's jurisdiction. Amici curiae in support of

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6188-645: The Pacific Regional Environmental Programme (SPREP) is an international organization between Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, US, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations. Commonwealth v Tasmania (1983), also known as

6307-704: The Sacketts that their lot might be subject to regulation under the Clean Water Act , as it contained "wetlands" that were "navigable waters". The EPA directed the Sacketts to halt construction until they received a permit from the United States Army Corps of Engineers . The Sacketts received an administrative compliance order from the EPA in the fall of 2007. In 2008, they sued under the Administrative Procedure Act . The lower courts held EPA compliance orders were not subject to

6426-752: The Sacketts were submitted by the Cato Institute , the US Chamber of Commerce , and Americans for Prosperity , while the Constitutional Accountability Center , Public Citizen , and major American scientific societies like the Association for the Sciences of Limnology and Oceanography , and Society of Wetland Scientists filed amici supporting the EPA. Certiorari was granted in the case on January 24, 2022, and

6545-671: The Supreme Court rejected the "significant nexus" test in Sackett v. EPA and established the current definition. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include: Point sources may not discharge pollutants to surface waters without an NPDES permit. The system is managed by EPA in partnership with state environmental agencies. EPA has authorized 47 states to issue permits directly to

6664-484: The TMDL determines load based on a Waste Load Allocation (WLA), Load Allocation (LA), and Margin of Safety (MOS) Once the TMDL assessment is completed and the maximum pollutant loading capacity defined, an implementation plan is developed that outlines the measures needed to reduce pollutant loading to the non-compliant water body, and bring it into compliance. Over 60,000 TMDLs are proposed or in development for U.S. waters in

6783-424: The U.S. Department of Agriculture to improve runoff management practices on farms. See Natural Resources Conservation Service . Stormwater runoff from industrial sources, municipal storm drains , and other sources were not specifically addressed in the 1972 law. EPA had declined to include urban runoff and industrial stormwater discharges in its initial implementation of the NPDES program, and subsequently

6902-497: The U.S. Environmental Protection Agency , "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system." Explosive economic and industrial growth in China has led to significant environmental degradation , and China

7021-1097: The Union should enter it to their national law, during 2 years. The Parliament also approved a nature restoration law which obligate members to restore 20% of degraded ecosystems (including 30% of drained peatland) by 2030 and 100% by 2050. Environmental law is rapidly growing in the Middle East. The U.S. Environmental Protection Agency is working with countries in the Middle East to improve "environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention." The main concerns about environmental issues in Oceania are "illegal releases of air and water pollutants , illegal logging /timber trade, illegal shipment of hazardous wastes , including e-waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity". The Secretariat of

7140-426: The United States". This phrase has since led to numerous debates about what water sources qualify, including many legal cases. By the late 1980s, the EPA and the United States Army Corps of Engineers developed a shared definition of what water sources qualify as "waters of the United States", incorporating the results of these cases. This definition of "waters" included "wetlands adjacent to waters" already protected by

7259-585: The United States." In 2006, in Rapanos v. United States , a plurality of the US Supreme Court authored by Justice Antonin Scalia held that the term "waters of the United States" "includes only those relatively permanent, standing or continuously flowing bodies of water 'forming geographic features' that are described in ordinary parlance as 'streams[,]... oceans, rivers, [and] lakes.'" The concurrent written opinion of Justice Anthony Kennedy defined

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7378-678: The WIFIA program in 2015, 2016 and 2018. This Act has six titles. Title I includes a Declaration of Goals and Policy and various grant authorizations for research programs and pollution control programs. Some of the programs authorized by the 1972 law are ongoing (e.g. section 104 research programs, section 106 pollution control programs, section 117 Chesapeake Bay Program ) while other programs no longer receive funds from Congress and have been discontinued. To assist municipalities in building or expanding sewage treatment plants, also known as publicly owned treatment works (POTW), Title II established

7497-683: The ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards. The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR. The European Union issues secondary legislation on environmental issues that are valid throughout

7616-562: The agency was sued by an environmental group . In 1977, the D.C. Circuit Court of Appeals ruled that stormwater discharges must be covered by the permit program. Research conducted starting in the late 1970s and 1980s indicated that stormwater runoff was a significant cause of water quality impairment in many parts of the US. In the early 1980s, the EPA conducted the Nationwide Urban Runoff Program (NURP) to document

7735-627: The agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN). International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on

7854-470: The annual Public Interest Environmental Law Conference in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues. An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as

7973-399: The court heard oral arguments on October 3, 2022. The decision was handed down on May 25, 2023. The court voted unanimously to reverse the Ninth Circuit, but split 5–4 on the rationale. The majority opinion, penned by Justice Samuel Alito and joined by Chief Justice John Roberts and Justices Clarence Thomas , Neil Gorsuch , and Amy Coney Barrett , concluded that the Rapanos plurality

8092-475: The current generation to fair access to the current generation's entitlement to the Earth's natural resources" – environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle. Defined in

8211-771: The development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages. The courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice , European Court of Human Rights and other regional treaty tribunals. Previous research found that economic development level and

8330-758: The discharge of almost 700 billion pounds of pollutants each year. EPA has updated some categories since their initial promulgation and has added new categories. The secondary treatment standards for POTWs and the effluent guidelines are implemented through NPDES permits. (See Title IV .) The categorical pretreatment standards are typically implemented by POTWs through permits that they issue to their industrial users. The CWA requires states to monitor their water bodies and establish Water Quality Standards for them. Water Quality Standards (WQS) are risk-based requirements which set site-specific allowable pollutant levels for individual water bodies, such as rivers, lakes, streams and wetlands. States set WQS by designating uses for

8449-520: The discharging facilities. The CWA also allows tribes to issue permits, but no tribes have been authorized by EPA. In the remaining states and territories , the permits are issued by an EPA regional office. (See Titles III and IV .) In legislation prior to 1972, Congress had authorized states to develop water quality standards, which would limit discharges from facilities based on the characteristics of individual water bodies. However, those standards were to be developed only for interstate waters, and

8568-542: The disease." Under the current Supreme Court rule issued in 2023, all waters (such as streams, oceans, rivers and lakes) with "a continuous surface connection" to "navigable waters" are covered under the CWA. The 1972 statute frequently uses the term "navigable waters" but also defines the term as "waters of the United States, including the territorial seas." Regulations interpreting the 1972 law have included water features such as intermittent streams , playa lakes , prairie potholes , sloughs and wetlands as "waters of

8687-596: The distance the pollutants traveled and time to reach navigable waters, with consideration for the material that the pollutants traveled through, any physical or chemical interaction of the pollutants with components in the ground, and how much of the pollutant makes it to the navigable water. In July 2021, following the Supreme Court decision, the Hawaii District Court determined that the Maui County sewage treatment plant's groundwater injection of sewage

8806-435: The distinction for protected wetlands should be established by a bright-line rule, covering only wetlands next to "relatively permanent, standing or continuously flowing bodies of water", or that were connected to other waters through surface waters. While Justice Anthony Kennedy joined in the Court's decision, he wrote a separate concurrence offering a looser interpretation, where protected wetlands were those that were part of

8925-559: The duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighborliness' or sic utere). Given that customary international law is not static but ever evolving and the continued increase of air pollution (carbon dioxide) causing climate changes, has led to discussions on whether basic customary principles of international law, such as

9044-410: The elderly are at highest risk for gastrointestinal disease. In a study investigating the association between drinking water quality and gastrointestinal illness in the elderly of Philadelphia, scientists found water quality 9 to 11 days before the visit was negatively associated with hospital admissions for gastrointestinal illness, with an interquartile range increase in turbidity being associated with

9163-447: The elderly, and people whose immune systems are compromised because of AIDS, chemotherapy, or transplant medications, may be especially susceptible to illness from some contaminants. Gastrointestinal disorders include such conditions as constipation, irritable bowel syndrome, hemorrhoids, anal fissures, perianal abscesses, anal fistulas, perianal infections, diverticular diseases, colitis, colon polyps and cancer. In general, children and

9282-467: The environment surrounding nuclear activities. However, it has been subject to numerous reviews examining its shortcomings, the latest taking place in mid-2020. The interim report of this review concluded that the laws created to protect unique species and habitats are ineffective. The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies for protecting

9401-587: The environment, using natural resources sustainably, and enforcing public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of

9520-782: The extent of the urban stormwater problem. The agency began to develop regulations for stormwater permit coverage but encountered resistance from industry and municipalities, and there were additional rounds of litigation. The litigation was pending when Congress considered further amendments to the CWA in 1986. In the Water Quality Act of 1987, Congress responded to the stormwater problem by defining industrial stormwater dischargers and municipal separate storm sewer systems (often called "MS4") as point sources, and requiring them to obtain NPDES permits, by specific deadlines. The permit exemption for agricultural discharges continued, but Congress created several programs and grants, including

9639-710: The habitats directive) & SPAs (Special Protected Areas, linked to the bird directive), throughout Europe. EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union (TFEU). Topics for common EU legislation are: In February 2024, the European Parliament adopted a law making a big, intentionally caused, environmental damage “comparable to ecocide ” a crime that can be punished by up to 10 years in prison. The members of

9758-444: The harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend. Examples of laws designed to preserve the environment for its own sake or for human enjoyment are found throughout history. In the common law , the primary protection was found in the law of nuisance , but this only allowed for private actions for damages or injunctions if there

9877-404: The highest quality waters in the US with ecological significance. States and Native American tribes also adopt general policies pertaining to water quality standards that are subject to review and approval by the EPA. Those provisions on water quality standards include mixing zones, variance, and low flow policies. Mixing zone policy is defined area surrounding a point source discharge where sewage

9996-692: The human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality," and "effective judicial and administrative proceedings". These principles are present in environmental impact assessment , laws requiring publication and access to relevant environmental data, and administrative procedure . One of

10115-519: The inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it. The Rights of Nature articles in Ecuador's constitution are part of

10234-543: The incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir." The Environmental Protection Law outlines the responsibilities of the Egyptian government to "preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on

10353-614: The international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state . Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle. Identified as essential conditions for "accountable governments,... industrial concerns", and organizations generally, public participation and transparency are presented by UNEP as requiring "effective protection of

10472-525: The jus cogens (peremptory norms) and erga omnes principles could be applicable for enforcing international environmental law. Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral ) treaties (a.k.a. convention, agreement, protocol, etc.). Protocols are subsidiary agreements built from

10591-463: The most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as

10710-450: The movement of water between adjacent wetlands and other waters, pollutants in wetlands often end up in adjacent rivers, lakes, and other waters. Natural barriers such as berms and dunes do not block all water flow and are in fact evidence of a regular connection between a water and a wetland. Similarly, artificial barriers such as dikes and levees typically do not block all water flow, and those artificial structures were often built to control

10829-798: The name of the law is the Federal Water Pollution Control Act . The first FWPCA was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972 . Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987. The Clean Water Act does not directly address groundwater contamination . Groundwater protection provisions are included in

10948-425: The nations' moral value affected environmental regulation compliance. Developed countries like the US, EU, and Australia are urging for better laws targeting the reduction of harmful environmental impacts. It is worth noting that there is a direct correlation between economic development and the distance between law and ethics. Developed countries have a closer relationship between environmental laws and moral values. If

11067-647: The next decade and a half. Following the issuance of a TMDL for a water body, implementation of the requirements involves modification to NPDES permits for facilities discharging to the water body to meet the WLA allocated to the water body (see Title IV ). The development of WQS and TMDL is a complex process, both scientifically and legally, and it is a resource-intensive process for state agencies. More than half of U.S. stream and river miles continue to violate water quality standards. Surveys of lakes, ponds and reservoirs indicated that about 70 percent were impaired (measured on

11186-410: The permit. The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency may add water quality-based limitations to that permit. The additional limitations are to be more stringent than

11305-422: The point source definition in the 1972 CWA and was unclear on the status of some other sources. Such sources were therefore considered to be nonpoint sources that were not subject to the permit program. Agricultural stormwater discharges and irrigation return flows were specifically exempted from permit requirements. Congress, however, provided support for research, technical and financial assistance programs at

11424-619: The protection of the environment and human health in order to contribute to sustainable development." Other principle federal statutes include the Canadian Environmental Assessment Act , and the Species at Risk Act . When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights , and Clean Water Act . According to

11543-543: The relationship between water pollution and rising male fertility problems. Study identified a group of chemicals that act as anti-androgens in polluted water, which inhibits the function of the male hormone, testosterone, reducing male fertility. Neurological disorders are diseases of the brain, spine and the nerves that connect them. The new study of more than 700 people in California's Central Valley found that those who likely consumed contaminated private well water had

11662-410: The right to pursue and take or kill certain kinds of fish and wild animal ( game ). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide

11781-616: The samples using test methods specified in their permits. EPA publishes analytical methods that are used by the permittees. The procedures identify chemical compounds and microbiological components of wastewater, as required by the act. Some of the chemical compound test procedures include the chemical detection of trace elements such as cancer-causing metals. Some microbiological test procedures use microbial source tracking (MST) techniques to calculate and identify biological and chemical trends that may support new regulatory limits on pollutants. Congress exempted some water pollution sources from

11900-515: The science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion. It is very common for regulated industry to argue against environmental regulation on the basis of cost. Difficulties arise in performing cost–benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology

12019-468: The science to support that process (i.e. data, methodology) was in the early stages of development. That system was not effective, and there was no permit system in place to enforce the requirements. In the 1972 CWA, Congress added the permit system and a requirement for technology-based effluent limitations. In the 2020 Supreme Court case County of Maui v. Hawaii Wildlife Fund , the Court also validated that some discharges may not be point sources, but are

12138-428: The section 303(d) list of water bodies not meeting standards. Water bodies on the 303(d) list require development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet WQS. The TMDL is determined after study of the specific properties of the water body and the pollutant sources that contribute to the non-compliant status. Generally,

12257-549: The state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President." In India , Environmental law is governed by the Environment Protection Act, 1986. This act

12376-640: The summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system . London also suffered from terrible air pollution , and this culminated in

12495-465: The surface water connection between the wetland and the water. The scientific evidence overwhelmingly demonstrates that wetlands separated from covered waters by those kinds of berms or barriers, for example, still play an important role in protecting neighboring and downstream waters, including by filtering pollutants, storing water, and providing flood control. In short, those adjacent wetlands may affect downstream water quality and flood control in many of

12614-481: The technology-based limitations and would require the permittee to install additional controls. Water quality standards consist of four basic elements: 1) Designated uses; 2) Water quality criteria; 3) Antidegradation policy and 4) General policies. The water quality standards regulations require states and federally recognized tribes/nations to specify appropriate uses for water bodies in their jurisdiction. Identification of appropriate water uses takes into consideration

12733-496: The term more broadly, including wetlands with a "significant nexus" to traditionally-defined navigable waters. Since Rapanos , the EPA and the U.S. Army Corps of Engineers have attempted to define protected waters in the context of Rapanos through the 2015 Clean Water Rule , but this has been highly controversial. The agencies considered the CWA to cover bodies of water with a "significant nexus" with traditional navigable waters, according with Justice Kennedy's definition. In 2023,

12852-820: The understanding of environmental law around the world. Defined by the United Nations Environment Programme (UNEP) as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" (development cannot be considered in isolation from sustainability) and "interdependence" (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development

12971-597: The usage and value of public water supply, protection of fish, wildlife, recreational waters, agricultural, industrial and navigational water ways. Suitability of a water body is examined by states and tribes/nations usages based on physical, chemical, and biological characteristics. States and tribes/nations also examine geographical settings, scenic qualities and economic considerations to determine fitness of designated uses for water bodies. If those standards indicate designated uses to be less than those currently attained, states or tribes are required to revise standards to reflect

13090-462: The use must be designated. States and federally recognized Indigenous Nations protect their designated areas by adopting water quality criteria that the EPA publishes under CWA section 304(a), modifying the criteria to reflect site-specific conditions or adopting criteria based on other scientifically defensible methods. Water quality criteria can be numeric criteria that toxicity causes are known for protection against pollutants. A narrative criterion

13209-465: The uses that are actually being attained. For any body of water with designated uses that do not include "fishable/swimmable" target use that is identified in section 101(a)(2) of CWA, a "Use Attainability Analysis" must be conducted. Every three years, such bodies of water must be re-examined to verify if new information is available that demand a revision of the standard. If new information is available that specify "fishable/swimmable" uses can be attained,

13328-524: The water body (e.g., recreation, water supply, aquatic life, agriculture) and applying water quality criteria (numeric pollutant concentrations and narrative requirements) to protect the designated uses. An antidegradation policy is also issued by each state to maintain and protect existing uses and high quality waters. If a state fails to issue WQS, EPA is required to issue standards for that state. Water bodies that do not meet applicable water quality standards with technology-based controls alone are placed on

13447-464: The waters that are separated from the lakes/rivers by man-made barriers are no longer protected by the Clean Water Act. Justice Brett Kavanaugh , joined by Justices Sonia Sotomayor , Elena Kagan , and Ketanji Brown Jackson , agreed with the majority opinion that the CWA did not apply to the Sacketts' property, but argued that the majority's new definition was incorrect and will have significant effects on regulated waters. Kavanaugh wrote: "Because of

13566-510: Was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference), and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration , Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." Sustainable development has been

13685-553: Was correct, and that within the scope of the CWA, "the CWA's use of 'waters' encompasses 'only those relatively permanent, standing or continuously flowing bodies of water 'forming geographical features' that are described in ordinary parlance as 'streams, oceans, rivers, and lakes'." The Court held that waters are not protected by the Clean Water Act unless they have a "continuous surface connection" to key lakes and rivers that affect interstate commerce. This means that waters that have an underground connection to those lakes/rivers and even

13804-472: Was harm to land. Thus, smells emanating from pigsties , strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats , particularly threats to common resources. During the " Great Stink " of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in

13923-421: Was the "functional equivalent of a direct discharge" and required the plant to obtain an NPDES permit. The 1972 CWA created a new requirement for technology-based standards for point source discharges. EPA develops those standards for categories of dischargers, based on the performance of pollution control technologies without regard to the conditions of a particular receiving water body . The intent of Congress

14042-460: Was to create a "level playing field" by establishing a basic national discharge standard for all facilities within a category, using a " Best Available Technology ." The standard becomes the minimum regulatory requirement in a permit. If the national standard is not sufficiently protective at a particular location, then water quality standards may be employed, and the permit authority (state or EPA) will include water quality-based effluent limitations in

14161-459: Was up to 75 percent of a facility's capital cost , with the remainder financed by the state. In subsequent amendments Congress reduced the federal proportion of the grants and in the 1987 WQA transitioned to a revolving loan program in Title VI . Industrial and other private facilities are required to finance their own treatment improvements based on the polluter pays principle . Congress passed

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