Statutes
Select a statute from the list below to view a summary of its contents and the federal agencies it applies to.
Magnuson-Stevens Fishery Conservation and Management Act
National Environmental Policy Act
Occupational Health and Safety Act
administrative procedures act
SUMMARY
Congress passed the Administrative Procedures Act (APA) in 1946 when new agencies were being created and more power was developing within the executive branch. The general purpose is to ensure that the power of the executive branch is not abused. The objectives of the APA include keeping the public informed on agency procedures, making standards for rule-making, and providing for public participation in rule-making. In addition, it defined the grounds for suing an agency that overstepped its bounds. The courts can set aside an agency’s action if they find it “arbitrary and capricious,” meaning the evidence in the administrative record does not support the action. For example, if an agency makes a decision against substantive scientific information provided by public comment without rationalizing that choice, this could provide a legal hook for litigation under the APA. It should be noted, however, that agencies are given a substantial degree of administrative deference, meaning the benefit of the doubt in terms of how to interpret a statute rests with the agency. Nonetheless, the APA is a central foundation to evidence-based policy, and the law that requires public comment, the very focus of this website.
Clean Air Act
AGENCIES
Environmental Protection Agency (EPA)
SUMMARY
The Clean Air Act (CAA) of 1963 regulates air emissions from stationary and mobile sources. It authorizes the Environmental Protection Agency to regulation emissions of air pollutants, to establish National Ambient Air Quality Standards for public health and welfare, to require permits for major sources of air pollution, to support state and local air pollution control programs, and to conduct related research.
clean water act
AGENCIES
Environmental Protection Agency (EPA)
SUMMARY
The Clean Water Act (CWA) of 1972 is administered by the Environmental Protection Agency. Its purpose is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The CWA does so by making it unlawful to discharge into the nation's waters where not permitted. The bulk of CWA implementation is permitting, of which there are two major kinds: a National Pollutant Discharge Elimination System (NPDES) permit for point-source pollutants and a Dredge and Fill permit. The stipulations and exemptions vary by permit type. For example, NPDES permits apply to vessel discharges up to three miles from the coast and non-vessel discharges up to two hundred miles from the shore. And, regular farming, ranching, and silviculture activities are generally exempt from Dredge and Fill permits. Although not regulations, new NPDES and Dredge and Fill permits do trigger public comment in the Federal Register. New NPDES permits also trigger the NEPA process. Lastly, the CWA has a citizen suit provision, which means any individual can bring suit against any person in violation of effluent standards or limitations.
endangered species act
AGENCIES
National Oceanic and Atmospheric Association (NOAA)
US Fish and Wildlife Service (USFWS)
SUMMARY
The purpose of the Endangered Species Act (ESA) of 1973 is to protect and recover imperiled species and the ecosystems on which they depend. The US Fish and Wildlife Service (FWS) and NOAA Fisheries (NOAA) share implementation of the Act; FWS manages terrestrial and freshwater species and NOAA manages marine species. These agencies follow the same regulatory framework for implementing the Act. The major regulations under the ESA are listing, critical habitat designation, and 4(d) protection to extend no "take."
Listing
For a species to receive protections under the ESA, it must first be listed as threatened or endangered. The agencies can internally initiate status reviews or be petitioned to initiate status reviews to determine whether listing a species is warranted. The agencies respond to petitions through 90-day findings. If the agency publishes a positive finding, it embarks on a full status review and publishes the proposed listing rule as a 12-month finding. After public comment has been incorporated, the agency publishes a final rule.
Critical Habitat
The agency may designate critical habitat for listed species, usually about a year after publishing the final rule. Unlike listing, economic concerns play a central role in critical habitat designation.
4(D) Protection
Species listed as endangered are automatically protected under "take" prohibitions. To "take" is defined in the Act as to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." Species listed as threatened are not included under the "take" prohibition; the agency must issue protective regulations under section 4(d) of the Act to extend "take" prohibitions to threatened species. The agencies solicit public comment for 4(d) regulations.
Delisting and Downlisting
Species can be removed (delisted) or reclassified from Endangered to Threatened (downlisting) as a result of successful recovery efforts. In order for a species to be delisted, it must be determined non-threatened based on a wide range of factors, including population size, recruitment, stability of habitat quality and quantity, and control or elimination of the threats. The delisting or downlisting process is similar to the listing process. Once the species has reached recovery plan goals, FWS or NOAA must use a 5-factor analysis to determine if the species still needs protection under the ESA. These factors are: (1) is there a present or threatened destruction, modification, or curtailment of species' habitat or range? (2) Is species subject to overutilization for commercial, recreational, scientific, or educational purposes? (3) Is disease or predation a factor? (4) Are there inadequate existing regulatory mechanisms in place outside the ESA (taking into account the efforts by the States and other organizations to protect the species or habitat)? (5) Are other natural or manmade factors affecting its continued existence? The agency then solicits opinions from the public (by publication of the proposed rule in the Federal Register), 3 independent species specialists, the scientific community, and other Federal and State agencies. Based on this consultation, the agency can make the decision to not delist or downlist the species, or finalize the rule for removal or reclassification.
magnuson-stevens fishery and conservation management act
AGENCIES
National Oceanic and Atmospheric Association (NOAA)
SUMMARY
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) of 1976 is administered by NOAA Fisheries. Its purpose is to promote the nation’s fishing industry and its sustainability. The Act applies to federal fisheries in the exclusive economic zone.
Regional Councils
MSA implementation is unique in that the bulk of implementation is overseen by regional councils, with voting and non-voting members. Voting members include representatives from state and federal agencies of that region and citizens nominated by the Council and appointed by the Secretary of Commerce, generally industry representatives. Non-voting members of the Council include representatives of the Coast Guard, State Department, and US Fish and Wildlife Service. Councils determine which fisheries in the region require “conservation and management,” which means those that receive federal regulation under the Act.
Fishery Management Plans
For fisheries managed under the MSA, the Council produces a Fishery Management Plan (FMP) through a complex system of fielding public comment and including expert advice from both a scientific and statistical committee and a fishing industry advisory committee. FMPs must be consistent with the MSA’s National Standards, which include but are not limited to preventing overfishing, using the best available science, equity of allocation across states, ensuring safety at sea, and minimizing bycatch. Any changes to existing fishery management plans take the form of amendments. NOAA Fisheries then reviews a FMP or amendment and solicits public comment before a final regulation is issued.
marine mammal protection act
AGENCIES
National Oceanic and Atmospheric Association (NOAA)
US Fish and Wildlife Service (USFWS)
SUMMARY
The Marine Mammal Protection Act (MMPA) of 1972 is administered by NOAA Fisheries and the US Fish and Wildlife Service (FWS), and its purpose is to conserve marine mammals. It was passed during a time of growing public concern over the health of marine mammal populations and the marine environment generally. The bulk of implementation functions through prohibition of “take” of marine mammals without permits, assessment of population status, and development of conservation plans..
Incidental Take Permits
Similar to the Endangered Species Act, “take” includes to hunt, harass, capture, or kill. Incidental Take Permits are required for actions that may cause incidental but not unexpected take, such as sonar activities from military or oil and gas exploration. Commercial fisheries are not required to seek these permits, as it is managed separately under the Marine Mammal Authorization Program. Incidental Take Permits require public comment in the Federal Register and additionally trigger the NEPA process.
Levels A and B Harassment
The Marine Mammal Protection Act distinguishes between different types of take as either Level A or Level B harassment. Harassment is defined as any act of pursuit, torment, or annoyance which...
(Level A) "has the potential to injure a marine mammal or marine mammal stock in the wild."
(Level B) "has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering but which does not have the potential to injure a marine mammal or marine mammal stock in the wild."
Stock Assessment Reports
The MMPA also requires NOAA Fisheries and the FWS to produce stock assessment reports of marine mammals in federal waters, by using the “best available science.” These reports are used to assess population status and effects of anthropogenic activities, authorize “take,” design appropriate conservation measures, and evaluate fishery management actions to reduce incidental take of marine mammals. The agencies are required to solicit public comment in the development of these reports. If a stock assessment report finds a population to be “depleted,” based solely on the “best available science,” then the agency must make this decision through a regulation with public comment.
Conservation Plans
When a stock is declared depleted, the agency must produce a Conservation Plan so long as the plan could promote the conservation of the stock. The goal of Conservation Plans is to restore the stock to the optimum sustainable population, modeled after recovery plans under the Endangered Species Act.
national environmental protection act
AGENCIES
Applies to All Federal Agencies
SUMMARY
The National Environmental Policy Act (NEPA) of 1969 requires federal agencies to consider the environmental impacts of major federal actions and to develop alternatives before taking the action. In addition, it requires disclosure of the environmental impacts to the public and solicitation for public comment on proposed actions. NEPA is a procedural statute, meaning it does not prescribe a particular result. Instead, it prescribes the process for incorporating and considering information pertaining to environmental impacts in decision-making.
Overview of NEPA process
Environmental Assessment
Any major federal action that could have an effect on the quality of the human environment triggers the NEPA process and agencies must complete the process prior to committing themselves to a course of action. The process begins with the production of the Environmental Assessment (EA) and public involvement, although the agency has deference in terms of defining how this involvement takes shape.
Environmental Impact Statement
The EA will trigger a full Environmental Impact Statement (EIS) if there is a chance of the action causing significant harm to the environment, otherwise the EA ends in a Finding of No Significant Impact (FONSI). The EIS must include the environmental impacts of the action, a list of alternative actions, and the impacts of those alternatives. Impacts include direct, indirect, and cumulative. There are four stages to producing an EIS. First, the agency must define the scope of the EIS and solicit public comment through the Federal Register. Second, the agency must publish a draft EIS and solicit a second round of public comment through the Federal Register. Third, an agency must prepare and publish the final EIS and incorporate public comment. The agency then waits for a minimum of 30 days prior to a final decision. Lastly, the agency must issue a Record of Decision describing the alternative action chosen, the alternative with the minimal environmental impact, and if the alternative with the minimal impact was not chosen, the rationale for this decision.
Occupational Health and Safety Act
AGENCIES
National Institute for Occupational Safety and Health (NIOSH), Occupational Safety and Health Administration (OSHA)
SUMMARY
In 1970, the Occupational Safety and Health Act was passed by Congress to promote workplace safety. The Act also established the Occupational Safety and Health Administration (OSHA), to set and enforce protective workplace safety and health standards in all 50 states, and the National Institute for Occupational Safety and Health (NIOSH), the research institution for OSHA.
Under this Act, employees have the right to know about the hazards present in their work environment, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. To comply with these requirements, work sites provide education and informational programs on the importance of and proper use of safety and health equipment. When the worker’s level of exposure to a hazardous material exceeds the standards set by OSHA, the employer must take action to reduce the exposure by implementing hazard control, monitoring exposures in the workplace, and providing medical surveillance.
Resource Conservation and Recovery Act
AGENCIES
Environmental Protection Agency (EPA)
SUMMARY
The Resource Conservation and Recovery Act (RCRA) of 1976 grants the EPA the authority to control the generation, transportation, treatment, storage, and disposal of hazardous waste; it also creates a framework for the management of nonhazardous solid wastes by state and local governments. This framework regulates on-site waste treatment and disposal, and includes a system for tracking off-site transport of waste.
The Resource Conservancy and Recovery Act was amended in 1984 to promote waste minimization, to phase out land disposal of hazardous waste (ie. landfills or injection wells), to increase hazardous waste management standards, and to establish a program to address environmental problems that might result from underground storage tanks. The amendments also increased the enforcement authority of the EPA.
Safe Drinking Water Act
AGENCIES
Environmental Protection Agency (EPA)
SUMMARY
The Safe Drinking Water Act (SDWA) of 1974 protects drinking water quality. The Act addresses both above- and underground water sources that are, or are potentially, designed for drinking. The EPA is authorized to establish minimum health standards for tap water that must be followed by all owners or operators of public water system.
The 1996 amendments to the Safe Drinking Water Act require the EPA to conduct a risk and cost assessment using peer-reviewed science when developing health standards for public tap water systems. The amendments allow for state government implementation of these regulations, if given approval. The EPA must also establish minimum standards for state programs to protect underground sources of drinking water from endangerment by underground injection of fluids, and can provide financial assistance to fund state drinking water supply systems.
Toxic Substances Control Act
AGENCIES
Environmental Protection Agency (EPA)
SUMMARY
In 1976, the U.S. Congress passed the Toxic Substances Control Act (TSCA), which regulates the new and existing chemicals. The TSCA provides the Environmental Protection Agency the authority to require reporting, record-keeping and testing, and restriction relating to chemical substances or mixtures. Exceptions include for foods, food additives, drugs, cosmetics, or devices regulated by the Food and Drug Administration. The TSCA addresses the production, importation, use, and disposal of specific chemicals, such as polychlorinated biphenyl, asbestos, radon and lead-based paint.
Chemical manufacturers must submit a premanufacture notice to the EPA prior to manufacturing or importing new chemicals for commerce.
Frank R. Lautenberg Chemical Safety for the 21st Century Act
This Act, signed into law on June 22 2016, amended the TCSA.
The amendments to the original TCSA include (EPA.gov):
- Mandatory requirement for the Environmental Protection Agency to evaluate existing chemicals with clear and enforceable deadlines
- New risk-based safety standards
- Increased public transparency for chemical information
- Consistent source of funding for the Environmental Protection Agency to carry out its new responsibilities
The Environmental Protection Agency has conducted a number of implementation activities to meet its first year responsibilities under the new Act. More information on these activities can be found here.
The Wilderness Act
AGENCIES
US Forest Service, US Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), National Park Service (NPS), US Forest Service (USFS)
SUMMARY
The Wilderness Act of 1964 was passed “for the permanent good of the whole people, and for other purposes.” The Act created the legal definition of wilderness in the United States and provides a formal mechanism for designating wilderness. The Wilderness Act is well known for its succinct and poetic definition of wilderness:
“A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.”
MANAGEMENT IMPLICATIONS
Land designated as wilderness has the highest level of conservation protection for federal lands. Only Congress can designate or change the status of wilderness areas. Wilderness areas are designated within existing federal public land.
The Act outlines certain usage restrictions designed to conserve wilderness areas. Permanent roads and commercial enterprises are prohibited, except for commercial services that provide for recreational or other specific purposes. Wilderness areas generally do not allow motorized equipment, motor vehicles, mechanical transport, temporary roads, permanent structures or installations. While wilderness areas are managed to be primarily affected by forces of nature, the Wilderness Act does acknowledge the need to provide for human health and safety, protect private property, control insect infestations, and fight fires within the area.
Citations
Baur, D.C., Eichenberg, T., Snusz, G.H., Sutton, M. (2016). Ocean and Coastal Law and Policy, 2nd Ed. American Bar Association.
Environmental Protection Agency. "The Frank R. Lautenberg Chemical Safety for the 21st Century Act." Retrieved from https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act
Frumkin, H. (2010). Chapter 30: Environmental Health Policy In Environmental Health: From Global to Local. San Francisco, CA: Jossey-Bass.
Occupational Safety and Health Act, Public Law 91-596. 84 STAT 1590. 91st Congress, S.2193 (December 29, 1970, as amended through January 1, 2004)
Environmental Protection Agency. "Summary of the Toxic Substances Control Act." Retrieved from https://www.epa.gov/laws-regulations/summary-toxic-substances-control-act
US Fish and Wildlife Service. Delisting a Species: Section 4 of the Endangered Species Act. August 2002. Retrieved from https://nctc.fws.gov/Pubs9/delisting.pdf
