Environmental Law: Overview

by Practical Law Real Estate

A Practice Note providing an overview of the complex landscape of US environmental law, encompassing federal, state, and local statutes aimed at controlling pollution across various media such as waterways, air, and land. It emphasizes the importance of compliance for businesses, highlighting potential penalties including fines and criminal penalties for violations. Key areas covered include water discharges under the Clean Water Act (CWA), air emissions regulated by the Clean Air Act (CAA), hazardous waste management under the Resource Conservation and Recovery Act (RCRA), and the handling of asbestos. The document also delves into the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), addressing contaminated land and lender liability. Additionally, it explores environmental impact assessments mandated by the National Environmental Policy Act (NEPA) and the evolving regulatory framework, including recent challenges to the Council on Environmental Quality's (CEQ) authority. The Practice Note underscores the role of government agencies, non-government organizations (NGOs), and citizen groups in enforcing environmental laws and promoting compliance, reflecting the dynamic interplay between legal mandates and environmental stewardship.