compatible balance between human activities and the ability of natural systems to support and nurture life (2).
The EPA works with the states and local governments to develop and implement comprehensive environmental programs. Federal laws such as the Clean Air Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, etc., all mandate involvement by state and local government in the details of implementation.
This chapter provides an overview of the eight key environmental protection laws and subsequent regulations that affect the environment in the US. Each of these laws will receive more detailed discussion in the next eight chapters.
THE REGULATORY SYSTEM
Over the past four decades environmental regulation has become a system in which laws, regulations, and guidelines have become interrelated. The history and development of this regulatory system has led to laws that focus principally on only one environmental medium, i.e., air, water, or land. Some environmental managers feel that more needs to be done to manage all of the media simultaneously. Hopefully, the environmental regulatory system will evolve into a truly integrated, multimedia management framework in the future.
Federal laws are the product of Congress. Regulations written to implement the law are promulgated by the Executive Branch of government, but until judicial decisions are made regarding the interpretations of the regulations, there may be uncertainty about what regulations mean in real situations. Until recently, environmental protection groups were most frequently the plaintiffs in cases brought to court seeking interpretation of the law. Today, industry has become more active in this role.
Enforcement approaches for environmental regulations are environmental management oriented in that they seek to remedy environmental harm, not simply a specific infraction of a given regulation. All laws in a legal system may be used in enforcement to prevent damage or threats of damage to the environment or human health and safety. Tax laws (e.g., tax incentives) and business regulatory laws (e.g., product claims, liability disclosure) are examples of laws not directly focused on environmental protection, but that may also be used to encourage compliance and discourage non-compliance with environmental regulations.
Common law also plays an important role in environmental management. Common law is the set of rules and principles relating to the government and security of persons and property. Common law authority is derived from the usages and customs that are recognized and enforced by the courts. In general, no infraction of the law is necessary when establishing a common law court action. A common law "civil wrong" (e.g., environmental pollution) that is brought to court is called a tort. Environmental torts may arise because of nuisance, trespass, or negligence.