Environmental Regulations in the USA - Essay Example

Environmental Regulations Introduction Environmental law is an interlocking and complex body of regulations, treaties, common law, statutes and conventions that aims at regulating human interactions with the natural environment so as to reduce the adverse effects of human activity (Agarwal 03). Environmental regulations are divided into two main categories; control and remediation of pollution and conservation and management of resources. Pollution laws are concerned with specific environmental medium like water, air, and soil among others. This law controls pollutants’ emissions into the medium and bear the liability of emitting pollutants beyond the above the permitted levels and clean up responsibility. Conservation and management of resource laws deals with a single resource like natural resources for example forests, animal species and intangible resources like archeological sites. Environmental regulations are influenced by principles of environmentalism including sustainability, conservation, ecology, stewardship, and responsibility. Environmental regulations are mainly aimed at protecting and preserving human health and natural environment (Pizer 123). Resource conservation and management laws try to balance the benefits of exploitation of economic resources as well as their preservation. The law aims at preventing externalities, in the present and in future, and conservation of public resources from individual exploitation. The expenses and limitations of such laws on commerce and non-money benefits of protecting the environment have generated and is still attracting a lot of controversy. This has led to the inception of the following acts: Environmental Policy and Planning: National Environmental Policy Act (NEPA) of 1969; Environmental Quality Improvement Act (EQIA) of April 3rd, 1970; Federal Facility Compliance Act of 1992 (FFCA). Environmental Policy and Planning: National Environmental Policy Act (NEPA) of 1969 Environmental Policy and Planning: National Environmental Policy Act of 1969 is an environmental law in United States that promotes environmental enhancement. The law led to the formation of the environmental quality presidents’ council. The most significant function of NEPA of 1969 was to set up procedures that had to be a requirement for all agencies of federal government, preparation of environmental assessments and statements of environmental impact. These requirements are applied by all federal agencies in the executive branch og government. However, it does not apply to the congress, president or federal courts. This law came into existence due to increased environmental appreciation and concerns about the wellbeing of wildlife and ecology (Sullivan, 43). It was also initiated by the 1969 public outcry after the oil spills of Santa Barbara. Outdoor recreation reports by Eisenhower, the Wilderness Act, Clean Water and Clean Air Acts, together with the book, Silent Spring, by Rachel Carson’s. All these contributed to the growing concern among interest groups and legislative discussions. Another key driver of NEPA of 1969 was the ecosystem and community bulldozing of freeway revolts in the country during the construction of the interstate highway system. Some of the programs that have been undertaken by NEPA are categorical exclusion, environmental assessment, Finding of No Significant Impact (FONSI), environmental impact statement and Council on environmental quality. The law has successfully been applied in all projects, state or local and federal works of federal government including funding and all federal government work. It is also applied in all permits given by federal agencies. The law did not experience much opposition during its inception but the formation of the Federal Facility Compliance Act of 1992 (FFCA), Oct. 6, 1992 drew a lot of controversy and opposition. The law has had significant impacts on the federal budget since it is an additional expense to the federal government. The table below shows the effects of inception of NEPA (1969), to the federal budget, from 1955 to 1990 Table 1: The effects of inception of NEPA (1969), to the federal budget, from 1955 to 1990 year 1955 1960 1965 1970 1975 1980 1985 1990 Federal budget before and after inception of the law ($) 132.6 million 132.1 million 130.3 million 127 million 126.3 million 126.1 million 124.6 million 125.8 million    (NEPA), Jan. 1, 1970; NEPA, Jan. 1, 1970 marked the enactment of NEPA 1969 into law. It therefore has the same information and results as that of 1969. Its enactment has seen the efforts and aims of NEPA 1969 achieved. The aim of the law is to create a harmonious environment between man and his environment through protection of human health and natural resources. Human activities that are environmentally harmful were the major triggers of the enactment of this act. The law has been applied in all projects, state or local and federal works of federal government including funding and all federal government work. It is also applied in all permits given by federal agencies. It runs the programs similar to those formulated in the 1969 Act. The timeline between its initiation and amendment is approximately one year since, from 1969 to1970. Environmental Quality Improvement Act, April 3rd, 1970 The Act was created in order to support agencies in the federal department with programs that helped improve the quality of environment (Menell 207). This was possible by ensuring that all such agencies dealt with programs of improving the environment and that such policies were appropriately implemented. The Act has been successful in creating environmental quality office that works with environmental quality council. It has not faced much opposition apart from the businessmen and industries that could be affected, business wise, by enactment of the act. The timeline of its amendment is eleven years, from 1973-1984. However, the timeline between its initiation and amendment is approximately three years, from 1970 to its amendment in 1973. The law runs programs like prevention, control and abatement of environmental pollution land and water resources, transportation, and regional and economic development. The Act ensures that federal agencies are involved in implementing policies aimed at improving the environment as established by the existing laws. Jobs in government, research/education and commerce could you get dealing with these laws are fishing, mining, environmental officers and waste disposal management. The effects of the law on federal budget are positive. This is because it is also funded by external agencies, besides the federal government. Tables 2 below shows that the costs incurred after IQIA inception were a bit lower than before its inception in 1970. Table 2: The effects of the inception of the law on the costs of Federal budget year 1955 1960 1965 1970 1975 1980 1985 1990 Federal budget cost sbefore and after inception of IQIA Act. 132.6 million 132.1 million 130.3 million 127 million 126.3 million 126.1 million 124.6 million 125.8 million Federal Facility Compliance Act (FFCA), October 6th, 1992 Federal facilities strongly disregard environmental laws, through amendment of Resource Conservation and Recovery Act (RCRA). U.S. Council on Environmental Quality (CEQ 4) assess that in this response, congress passed Federal Facilities Compliance Act (FFCA) of 1992 overwhelmingly. The FFCA imposes civil fines, by authorizing the state, on federal facilities for RCRA violations by waiving the sovereign immunity of federal facilities. This shows partial abdication of federal responsibilities, by the congress, to the environmental standards that have federally been mandated the enactment of this law has resulted into abuse of fines by state, increased litigation incentives by federal agencies and focus change of federal agencies. Programs that are being run as a result of FFCA are like solid waste disposal, sewage treatment. The law has been successful in amending RCRA and has expanded facilities, where by yearly inspections are carried out at all facilities operated or run by a US agency, instrumentality, or department. It also gives authority to authorized states to carry out inspections of such facilities as part of the work of state of programs on hazardous wastes. There was opposing of this law, generally from environmental laws, since it has interfered with its functions besides waiving its sovereign immunity. Jobs in government, research/education and commerce you could get dealing with these laws are municipal councils, environmental officers and other waste disposal managing bodies. Since its inception, it has cost the federal budget a lot of cash investment through funding of its projects. The table below shows that its inception has increased the cost of federal budget since its inception in 1992. Table 3: Federal budget Year 1980 1985 1990 1995 2000 2005 2010 Federal budget before and after its inception in 1992 ($) 142.2 million 139.5 million 139.7 million 158.5 million 154 million 160.2 million 157 million Works Cited Agarwal, Walter. “Green Police", Green Management, APH Publishing. 2005. Menell, Peter. Environmental Law. Burlington, Ash gate Publishing. 2003. Pizer, Kopp. Calculating the Costs of Environmental Regulation; Wests Encyclopedia of American Law, Environmental Law. Princeton NJ, Princeton University Press. 2003. Sullivan, Thomas. Environmental Law Handbook. Blue Ridge Summit, PA: Government Institutes/Scarecrow Press. 2007. U.S. Council on Environmental Quality (CEQ). A Citizens Guide to the NEPA: Having your Voice Heard. Washington, D.C. Harvard University Press. December 2007. pp. 2–7. Observed on April 1st, 2011 from http://www.nepa.gov/nepa/Citizens_Guide_Dec07.pdf. Read More