Federal Environmental Law: Compliance, Enforcement, and Litigation
Quick Overview
A guide to major federal environmental statutes, EPA enforcement actions, citizen suits, and compliance strategies. Covers the Clean Air Act, Clean Water Act, CERCLA (Superfund), RCRA, and NEPA, with practical guidance for businesses and individuals facing environmental liability.
Table of Contents
Major Federal Environmental Statutes
The Framework of Federal Environmental Law
The Clean Air Act (CAA), 42 U.S.C. § 7401 et seq., regulates air emissions from stationary and mobile sources. The EPA sets National Ambient Air Quality Standards (NAAQS) for six criteria pollutants. The CAA also regulates hazardous air pollutants, establishes the New Source Review permitting program, and addresses acid rain and ozone depletion.
The Clean Water Act (CWA), 33 U.S.C. § 1251 et seq., regulates discharges of pollutants into waters of the United States through the National Pollutant Discharge Elimination System (NPDES) permit program. The CWA also regulates dredge and fill activities in wetlands under Section 404, administered jointly by the Army Corps of Engineers and the EPA.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), 42 U.S.C. § 9601 et seq., establishes liability for cleanup of contaminated sites. CERCLA imposes strict, joint and several, and retroactive liability on four categories of potentially responsible parties: current owners/operators, past owners/operators, generators, and transporters.
The National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., requires federal agencies to prepare environmental impact statements (EIS) for major federal actions significantly affecting the quality of the human environment. NEPA is primarily a procedural statute that ensures informed decision-making rather than mandating specific environmental outcomes.
Environmental Compliance and Defense Strategies
Navigating Environmental Regulations
Environmental auditing programs can identify compliance issues before they result in enforcement actions. The EPA's Audit Policy provides incentives for self-disclosure, including elimination or reduction of gravity-based penalties for violations discovered through systematic auditing.
Citizen suit provisions in most federal environmental statutes allow private parties to enforce environmental laws when the government fails to act. These provisions can be both a tool for environmental advocacy and a source of liability for regulated entities.
CERCLA contribution and cost recovery actions allow parties who have incurred cleanup costs to seek reimbursement from other responsible parties. Allocation of liability among multiple responsible parties is often the most contentious aspect of Superfund litigation.
Permit compliance is the cornerstone of environmental regulatory defense. Maintaining detailed records of compliance activities, monitoring results, and communications with regulatory agencies can provide a strong defense against enforcement actions.
External Resources & References
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