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Characteristics of Environmental Law in USA

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Characteristics of Environmental Law in USA

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  1. Characteristics of Environmental Law in USA

  2. Categories of Environmental Law • Majority of the environmental law come under general category of the laws identified as the command and control. The laws consist of three aspects like pointing out the form of environmentally harmful activity, specific conditions imposition on a particular activity, and stopping the activity which does not conform to conditions which are imposed.

  3. Federal Water Pollution Control Act • The United States Federal Water Pollution Control Actin 1972 controls the discharges of those pollutants in waters of USA. There are 3 terms stated in statute and they point out the form of environmentally harmful activity which are part of the regulation. In the year 1983, national emission-control law was passed by Germany. It had established particular air emission thresholds using power plant type and age. Most of the environmental laws stop regulated activities which never comply the conditions.

  4. Regulated Activity and Environmental Law • It is a simple regulated activity consisting of actual discharges in pollutants in environment. It can be water and air. It could be groundwater pollution. The environmental laws control the activities which has a lot of risk in discharging poisonous pollutants. An example is the hazardous waste transportation and pesticide sales. The true discharges, there is a regulation telling permissible pollution. There might be risk in the discharge and the practice of management are set by the environmental laws in order to decrease the risk.

  5. Activity Controlled by Command and Control Legislation • It is a form of activity controlled by the command-and-control legislation representing environmentally harmful trade. In the proper regulations, we find the trade in our wildlife. For instance, there are signatories for convention to identify species who face extinction and it has been influenced by trade.

  6. United States National Environmental Policy Act • It is important for creating the statement of environmental impact for primary federal action influencing the standard of human environment. The environmental impact must be analyzed and there are alternatives. There is also “no-action alternative.” 

  7. Application of Incentive for Protecting Environmental Law • The application of the economic instruments to develop incentives in environmental protection has been popular in environmental law. Those incentives consist of the pollution taxes. There are subsidies for technologies, which are environment friendly. It is important to develop the markets for protecting environment.

  8. Water Pollution Legislation • There is legislation of water pollution in United States. It has been passed in 1972 and offered subsidies for the local governments to improve publicly owned plants of sewage treatment. In 1980 the government of USA has been inspired by the industrial pollution in Niagara Falls, New York. They developed the federal superfund which utilized the revenue from taxes on  crude oil, petrochemical feedstocks, along with common corporate income to support financially cleanup of one thousand sites polluted by harmful substances.

  9. Clean Air Act • It controls the air quality and solves the air pollution from the sources like power plants, petrochemical plants, refineries, factories, mobile sources, like lorries, cars, and aeroplane.

  10. Clean Water Act

  11. Endangered Species Act • It involves saving along with recovery of endangered species along with the habitat. US Fish and Wildlife Service comes under the Department of Interior having basic responsibility for the freshwater and terrestrial species. Marine wildlife comes under Department of Commerce's National Marine Fisheries Service.

  12. Toxic Substances Control Act • It controls importation, production, usage, along with disposal of the chemical substances. President Obama had signed on 22 June 2016, and Frank R Lautenberg Chemical Safety has been shared for 21st Century Act. It modifies TSCA and overhauls the nature of chemical products controlled in US.

  13. Safe Drinking Water Act • It controls the public drinking water supply by controlling public water systems. It controls the construction, permitting, operation, and ending underground injection wells. In the beginning of 2016, EPA had issued the Emergency Order within SDWA to solve the levels of lead in the drinking water in Michigan. The EPA needs to be revised with the present rule which needs the systems of public water to reduce the copper and lead present within drinking water.

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