Business Law 101 / FEDERAL ENVIRONMENTAL LAWS

By Albert L. Kelley

Although the federal government has been issuing environmental laws for well over the last 60 years, the strongest environmental push came during the 1970’s. Currently, there are over a dozen laws that are enforced by the Environmental Protection Agency (EPA). These laws include the following:

The National Environmental Policy Act of 1969- Referred to as the environmental Magna Carta, this law sets forth our nation’s policy on the environment and created a Council on Environmental Quality. It requires environmental assessments for federal projects, culminating in an environmental impact statement.

The Occupational Safety and Health Act (OSHA) (1970)- Congress passed OSHA to protect employees from workplace hazards including toxic chemicals and unsanitary conditions. While OSHA is enforced by the Department of Labor, the EPA takes on a training role, teaching employees and employers about the dangers of lead based paint products, and training workers and their families about the dangers of hazardous materials that may be transported home on the worker’s person or clothing.

The Clean Air Act (1970)- This law was actually first enacted in 1955, but was rewritten in 1963 and amended in 1970, 1977 and 1990. The law was an attempt to create a comprehensive law that regulated the air emissions from our cars, workplaces, and other stationary and mobile sources. The Clean Air Act originally required each state to reach certain National Ambient Air Quality Standards by 1975. As many states did not reach this goal, the Act was amended in 1977 to extend the target completion dates. The Act now also includes issues such as acid rain, ozone depletion, and air toxins.

Chemical Safety Information, Site Security and Fuels Regulatory Relief Act- This is actually an amendment to the Clean Air Act that passed in 1999, that requires certain business facilities to provide to the EPA a Risk Management Plan in regards to fuels and chemicals held on site. Flammable fuels sold for retail use are exempt from this law, as are those flammable fuels held for the businesses own use. This law is enforced not just by EPA but also by the FBI and carries a criminal penalty of up to one million dollars for violations.

Clean Water Act (1972)- Officially known as the Federal Water Pollution Control Act. This law was first enacted in 1943, but was completely rewritten in 1972. The law regulates the discharge of pollutants into our nation’s waters. This law gave the EPA the authority to set and implement certain water control standards, such as wastewater levels for various industries.   It also granted them the authority to set water quality standards for contaminants in surface waters and made it unlawful to discharge pollutants into navigable waters without a permit (Interestingly, the law does not address groundwater contamination).

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (1972)- controls pesticide sale distribution and use. The EPA requires users of pesticides to register when purchasing them, and must take exams for certification as applicators. All pesticides in the United States must be registered.

The Endangered Species Act (1973) – This Act provides a conservation program for threatened and endangered animals, plants and their habitats. As of October 28, 2012, there were over 2000 animals listed as endangered or threatened worldwide. The Act prevents any action that would result in a taking of a listed species, and also prevents any adverse action to their habitat. The law also prevents the importing, exporting or interstate or foreign commerce of listed species.

Al Kelley is a Key West business law attorney. He previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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