Federal Environmental Laws and Regulations

Also available: State Environmental Laws and Regulations and DoD/DoN Environmental Directives and Instructions.

Updated: August 29, 2011

United States Code (USC)

• Act to Prevent Pollution from Ships

  33 U.S.C., Section 1901 et seq. implements for the United States the International Convention on the Prevention of Pollution from Ships (MARPOL). It requires federal entities to establish regulations to conform agency vessel operations to MARPOL requirements, to the extent reasonable and practicable, and mandates full compliance by U.S. government vessels with MARPOL garbage discharge requirements. With respect to U.S. Navy ships, it mandates a 3/20-day plastic retention rule, a plastic processor installation schedule, and public reporting on non-food waste discharges into in-effect special areas. It also establishes deadlines for U.S. Navy surface ship and submarine plastic discharge termination and special area compliance.

• Coastal Zone Management Act (CZMA)

  Chapter 33 of U.S.C. Title 16 provides incentives for coastal States to develop and implement coastal area management programs. It plays a significant role in water pollution abatement, particularly with regard to nonpoint source pollution. State coastal zone management programs frequently incorporate flood control, sediment control, grading control, and storm water runoff control statutes. Federal actions that impact the coastal zone must be consistent to the maximum extent practicable with the State program.

• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

  Chapter 103 of 42 U.S.C., Section 9601 et seq. (1980), addresses cleanup of hazardous substances. It empowers the Environmental Protection Agency to identify and prioritize sites for cleanup, and to order or carry out environmental remediation. Subject to limited defenses, it imposes strict liability for environmental cleanup on persons whose actions cause release into the environment. It also mandates reporting to the National Response Center of hazardous substance releases. In conjunction with the Clean Water Act, it mandates preparation of the National Contingency Plan for responding to oil or hazardous substances release.

• Endangered Species Act (ESA)

  Chapter 35 of 16 USC, Section 460 et seq. (1973), provides for listing of endangered and threatened species of plants and animals, and designation of critical habitat for animal species. It establishes federal policy that federal agencies, in exercise of their authorities, shall seek to conserve endangered species. It prohibits federal agencies from taking any action that would adversely affect any endangered or threatened species, or critical habitat. The list of endangered and threatened wildlife and plants can be found at 50 CFR Part 17 (see below).

  It also establishes a consultation process involving federal agencies generally and federal wildlife management agencies, to facilitate avoidance of agency action that would adversely affect species or habitat. It prohibits all persons subject to U.S. jurisdiction, including federal agencies, from "taking" endangered species. The taking prohibition includes any harm or harassment, including habitat modification, and applies within the U.S. and on the high seas. The legal definition of "harm" can be found at 50 CFR Part 222.

See also: Species List of Endangered and Threatened Wildlife and Plants

• Magnuson-Stevens Act (Fishery Conservation and Management)

  Chapter 38, Subtitle I, Section 1801 et seq. of 16 USC is concerned with the conservation and management of the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States.

• Marine Mammal Protection Act (MMPA)

  Chapter 31 of 16 USC prohibits, subject to limited exceptions, the "taking" of marine mammals in the United States or on the high seas. "Taking" includes any harm or harassment. Several marine mammal species also listed as "threatened" or "endangered," requiring addressing additional regulations promulgated under the Endangered Species Act (see above).

• Marine Protection, Research, and Sanctuaries Act (MPRSA)

  In addition to implementing for the United States the London Dumping Convention (concerned with the disposal of material in ocean waters), the MPRSA established the National Marine Sanctuary program, under which the National Oceanic and Atmospheric Administration designates and establishes regulations pertaining to national marine sanctuaries.

• National Environmental Policy Act of 1969 (NEPA)

  Chapter 55 of 42 U.S.C., Section 4321 et seq. (1969), mandates federal agency consideration and documentation of environmental impacts of proposed actions and legislation. It also mandates preparation of comprehensive environmental impact statements where proposed action is "major" and significantly affects the quality of the human environment.

• Nonindigenous Aquatic Nusiance Prevention and Control Act

  Chapter 67 of 16 U.S.C., Sections 4701 et seq. (1990), established a broad new Federal program to prevent introduction of and to control the spread of introduced aquatic nuisance species and the brown tree snake. The U.S. Fish and Wildlife Service, the U.S. Coast Guard, the Environmental Protection Agency, the Army Corps of Engineers, and the National Oceanic and Atmospheric Administration all were assigned major, new responsibilities, including membership on an Aquatic Nuisance Species Task Force established to develop a program of prevention, monitoring, control, and study.

• Oil Pollution Control Act of 1990

  Chapter 40 of 33 U.S.C., Sections 2702 to 2761, mandates extensive planning for oil spills from tank vessels and onshore and offshore facilities. It establishes comprehensive elements of damage for oil spills, an disposes strict liability on those responsible for oil spills, but is not applicable to public vessels.

• Pollution Prevention Act

  Chapter 133 of 42 U.S.C., Sections 13101 and 13102, and Sections 6602 et seq. (1990), establishes the national policy that "pollution should be prevented or reduced at the source whenever feasible. Pollution that cannot be prevented should be recycled in an environmentally-safe manner. Disposal or other release of pollutants into the environment should be employed only as a last resort and should be conducted in an environmentally sound manner."

• Protection of Migratory Game and Insectivorous Birds

  Chapter 7 of 16 USC makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.

• Resources Conservation and Recovery Act (RCRA)

  Chapter 82 of 42 U.S.C., Section 321 et seq. (1976), addresses hazardous waste management. RCRA amends the Solid Waste Disposal Act (SWDA). It establishes duties and responsibilities of hazardous waste generators, transporters, storers, treaters and disposers. It authorizes the EPA to mandate cleanup of hazardous waste releases through "corrective action" orders. It also regulated underground storage tanks, imposes structural integrity and management practice requirements.

• Shore Protection Act

  Chapter 39 of 33 U.S.C. (1988) makes it clear that one of the missions of the U.S. Army Corps of Engineers is to promote shore protection projects that encourage the protection, restoration, and enhancement of sandy beaches.

• Sikes Act

  Chapter 5C of 16 USC., Section 670a et seq. (1960), provides for cooperation by the Departments of the Interior and Defense with State agencies in planning, development and maintenance of fish and wildlife resources on military reservations throughout the United States.

• Water Pollution Prevention and Control (Federal Water Pollution Control Act, Clean Water Act)

  Chapter 26 of 33 U.S.C., (1977), addresses water pollution. This act establishes the National Pollution Discharge Elimination System (NPDES) permitting program, to control the discharge of pollutants from point sources into navigable waters. NPDES permits must incorporate industry-specific technology based on effluent standards. It also establishes the Dredge and Fill Permit Program, to control the discharge of dredged or fill material into navigable waters. It requires federal agencies to accommodate concerns of States regarding the consistency of federal projects with State nonpoint source pollution control programs and bans discharge of pollutants into navigable waters.

Executive Orders

• Executive Order 11514 (05 March 1970), Protection and Enhancement of Environmental Quality

  Amended by Executive Order 11541 of July 1, 1970, and Executive Order 11991 of May 24, 1977, this order requires Federal agencies to develop programs and measures to protect and enhance environmental quality, and defines the responsibilities of the Council of Environmental Quality (CEQ), including the issuance of regulations binding on all Federal agencies for implementing the procedural provisions of NEPA.

• Executive Order 12114 (04 January 1979), Environmental Effects Abroad of Major Federal Actions

  Executive Order 12114 requires Federal agencies to implement procedures, conduct studies and evaluations, and prepare environmental documents on the effects of actions that are not exempt, and that have environmental effects outside of the geographical borders of the United States. The procedures that are to be followed, and the type of documentation to be prepared depend on the action's potential for causing significant harm to the environment and whether the action occurs in either the global commons or the territory of a foreign nation.

• Executive Order 13089 (11 June 1998), Coral Reef Protection

  Executive Order 13089 requires all Federal agencies whose actions may affect U.S. coral reef ecosystems to identify the actions that may harm coral reefs; utilize their programs and authorities to protect and enhance the ecosystems; and, to the extent permitted by law, ensure that any actions they authorize, fund, or carry out will not degrade the conditions of such ecosystems.

• Executive Order 13186 (10 January 2001), Responsibilities of Federal Agencies To Protect Migratory Birds

  Directs Federal agencies taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations to develop and implement, within 2 years, a Memorandum of Understanding (MOU) with the Fish and Wildlife Service that shall promote the conservation of migratory bird populations (see also Protection of Migratory Game and Insectivorous Birds, 16 USC Chapter 7, above).

Code of Federal Regulations (CFR)

• Code of Federal Regulations (browse, search)
• Federal Register (daily contents, search)
• EPA Dockets (view open dockets, search dockets, submit comments on a particular docket)
• Regulations.gov (search for, view a description of every proposed and final Federal regulation currently open for comment, read the full text of the regulation, and submit comments to the Federal agencies responsible for the rulemaking action)