Important Legislation affecting the Environment

(Summaries and Links)

Federal Legislation

ANTIQUITIES ACT 1906
http://www4.law.cornell.edu/uscode/16/431.html

This Act authorizes the President to declare federal lands as national monuments for the purpose of protecting sites and objects of antiquity.

CLEAN AIR ACT (CAA) 1970
http://www4.law.cornell.edu/uscode/42/ch85.html

The primary objective of the Clean Air Act is to establish federal standards for air pollutants from stationary and mobile sources and to work with the states to regulate polluting emissions. The Act is designed to improve air quality in areas of the country which do not meet federal standards and to prevent significant deterioration in areas where air quality exceeds those standards.

Acid rain and other forms of air pollution affect wildlife and wildlife habitat, and the Clean Air Act's comprehensive provisions on emission standards, source permitting, ozone depletion, acid rain regulation and other matters are intended to protect and improve air quality for wildlife as well as for human health. The Act, however, makes only a few explicit references to wildlife or its habitat. This summary will note these provisions while describing a number of the key features of the Act in more general terms.

CLEAN WATER ACT (CWA) 1972
http://www4.law.cornell.edu/uscode/33/ch26.html

The Federal Water Pollution Control Act, popularly known as the Clean Water Act, is a comprehensive statute aimed at restoring and maintaining the chemical, physical and biological integrity of the nation's waters. Enacted originally in 1948, the Act was amended numerous times until it was reorganized and expanded in 1972. It continues to be amended almost every year.

Even prior to the enactment of the 1972 version of the Act, the Act authorized the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries and improving the sanitary condition of surface and underground waters. Due regard was to be given to improvements necessary to conserve waters for public water supplies, propagation of fish and aquatic life, recreational purposes, and agricultural and industrial uses. A number of other provisions found in the current Act were adopted prior to 1972.

Primary authority for the implementation and enforcement of the Clean Water Act now rests with the U.S. Environmental Protection Agency (EPA). In addition to the measures authorized before 1972, the Act authorizes water quality programs, requires federal effluent limitations and state water quality standards, requires permits for the discharge of pollutants into navigable waters, provides enforcement mechanisms, and authorizes funding for wastewater treatment works construction grants and state revolving loan programs, as well as funding to states and tribes for their water quality programs. Provisions have also been added to address water quality problems in specific regions and specific waterways.

Important for wildlife protection purposes are the provisions requiring permits to dispose of dredged and fill materials into navigable waters. Permits are issued by the Army Corps of Engineers under guidelines developed by EPA. What is known as Section 404 permitting applies to many wetlands, which has proven controversial.

COASTAL ZONE MANAGEMENT ACT (CZMA) 1972
http://www4.law.cornell.edu/uscode/16/ch33.html

This Act establishes an extensive federal grant program within the Department of Commerce to encourage coastal states to develop and implement coastal zone management programs. Activities that affect coastal zones must be consistent with approved state programs. The Act also establishes a national estuarine reserve system.

ENDANGERED SPECIES ACT (ESA) 1973
http://www4.law.cornell.edu/uscode/16/ch35.html

The Endangered Species Act provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. The Endangered Species Act also is the enabling legislation for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, commonly known as CITES. Criminal and civil penalties are provided for violations of the Act and the Convention.

FEDERAL LAND POLICY AND MANAGEMENT ACT (FLPMA) 1976
http://www4.law.cornell.edu/uscode/43/ch35.html

This Act constitutes the organic act for the Bureau of Land Management and governs most uses of the federal public lands, including grazing. The Act requires the Bureau to execute its management powers under a land use planning process that is based on multiple use and sustained yield principles. The Act also provides for public land sales, withdrawals, acquisitions and exchanges.

GENERAL MINING LAW (GML) 1872
http://www4.law.cornell.edu/uscode/30/22.html

This Act authorizes and governs prospecting and mining for hardrock minerals such as gold and silver on public lands. A brief summary of the Act is included in the Handbook because application of broad provisions of the Act allowing for purchase of and mining on public lands has an impact on wildlife.

MARINE MAMMAL PROTECTION ACT (MMPA) 1972
http://www4.law.cornell.edu/uscode/16/1361.html

The Act establishes a federal responsibility to conserve marine mammals, with management vested in the Department of Commerce for cetaceans and pinnipeds other than walrus. The Department of the Interior is responsible for all other marine mammals, including sea otter, walrus, polar bear, dugong and manatee. The Act generally assigns identical responsibilities to the Secretaries of the two departments.

MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA) 1972
http://www4.law.cornell.edu/uscode/33/ch27.html

This Act authorizes the Secretary of Commerce, with significant public input, to designate and manage national marine sanctuaries based on specific standards. It provides for supervision by the Secretary over any permitted private or federal action that is likely to destroy or injure a sanctuary resource, and requires periodic evaluation of implementation of management plans and goals for each sanctuary. The Act also specifies prohibited activities, penalties and enforcement.

This Act also prohibits transporting any material from the U.S. for the purpose of dumping it into ocean waters, or dumping any material into ocean waters, except as authorized by permit. The Act sets controls on materials and sites for dumping, and requires fees and compliance with agreements for alternative waste management and disposal. The Act also provides for the establishment of monitoring and research programs on the effects of dumping into ocean waters, including the possible long-term effects of pollution, overfishing and human-induced changes in ocean ecosystems.

MULTIPLE-USE SUSTAINED-YIELD ACT (MUSYA) 1960
http://www4.law.cornell.edu/uscode/16/528.html

This Act declares that the purposes of the national forest include outdoor recreation, range, timber, watershed and fish and wildlife. The Act directs the Secretary of Agriculture to administer national forest renewable surface resources for multiple use and sustained yield.

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)1969
http://www4.law.cornell.edu/uscode/42/ch55.html

NEPA declares it a national policy to encourage productive and enjoyable harmony between man and the environment and promote efforts to better understand and prevent damage to ecological systems and natural resources important to the nation. Agencies are required to prepare a detailed environmental impact statement for anymajor federal action significantly affecting the environment. The Act also establishes the Council on Environmental Quality to review government policies and programs for conformity with NEPA. (See the summary of the Environmental Quality Improvement Act of 1970 for a description of the Office of Environmental Quality, created to support the Council.)

NATIONAL FOREST MANAGEMENT ACT (NFMA) 1976
http://www.fs.fed.us/forum/nepa/nfmalaw.html

The National Forest Management Act reorganized, expanded and otherwise amended the Forest and Rangeland Renewable Resources Planning Act of 1974, which called for the management of renewable resources on national forest lands. The National Forest Management Act requires the Secretary of Agriculture to assess forest lands, develop a management program based on multiple-use, sustained-yield principles, and implement a resource management plan for each unit of the National Forest System. It is the primary statute governing the administration of national forests.

NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT (NWRSAA) 1966
http://www4.law.cornell.edu/uscode/16/668dd.html

The Act provides for the administration and management of the national wildlife refuge system, including wildlife refuges, areas for the protection and conservation of fish and wildlife threatened with extinction, wildlife ranges, game ranges, wildlife management areas and waterfowl production areas.

ORGANIC ACT (OA) 1966
http://www4.law.cornell.edu/uscode/16/ch1.html

This Act is the original organic act governing the administration of national forest lands. Today, it is one of several federal laws under which the U.S. Forest Service operates, the primary ones being the Multiple-Use Sustained-Yield Act of 1960 (MUSYA) and the National Forest Management Act of 1976 (NFMA). While the Organic Act remains significant, it must be read in conjunction with the later acts, which expand the purpose and uses of the national forests. MUSYA and NFMA are summarized separately in this Handbook.

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 1984
http://www4.law.cornell.edu/uscode/42/ch82.html

This Act provides for comprehensive cradle-to-grave regulation of hazardous waste and authorizes environmental agencies to order the cleanup of contaminated sites. Since 1984, it has also called for the extensive regulation of underground storage tanks and the cleanup of contamination caused by leaking tanks. In addition, the Act addresses the environmental problems associated with nonhazardous solid waste and encourages states to develop solid waste management programs, regulate solid waste landfills and eliminate open dumps. Federal facilities are required to comply with federal, state and local regulations and requirements on solid and hazardous waste and underground storage tanks to the same extent as private parties. The Act contains provisions on a number of other topics, such as resource recovery, used oil management and recycling, small town environmental planning and plastic ring carriers. While most of the Act's provisions focus on the protection of human health, its wide-ranging attempts to prevent, reduce and eliminate pollution have an obvious, if largely unstated, effect on wildlife protection as well.

SOIL AND WATER RESOURCES CONSERVATION ACT (SWRCA) 1977
http://www4.law.cornell.edu/uscode/16/ch40.html

This Act provides for a continuing appraisal of U.S. soil, water and related resources, including fish and wildlife habitats, and a soil and water conservation program to assist landowners and land users in furthering soil and water conservation.

SURFACE MINING CONTROL AND RECLAMATION ACT (SMCRA) 1977
http://www4.law.cornell.edu/uscode/30/1201.html

This Act establishes a program for regulating surface coal mining and reclamation activities. It establishes mandatory uniform standards for these activities on state and federal lands, including a requirement that adverse impacts on fish, wildlife and related environmental values be minimized. The Act creates an Abandoned Mine Reclamation Fund for use in reclaiming and restoring land and water resources adversely affected by coal mining practices.

TAYLOR GRAZING ACT Taylor Grazing Act (TGA) 1934
http://www4.law.cornell.edu/uscode/43/315.html

This Act was the first federal effort to regulate grazing on federal public lands. It establishes grazing districts and uses a permitting system to manage livestock grazing in the districts.

WILD AND SCENIC RIVERS ACT (WSRA) 1968
http://www4.law.cornell.edu/uscode/16/ch28.html

This Act establishes a National Wild and Scenic Rivers System for the protection of rivers with important scenic, recreational, fish and wildlife, and other values. Rivers are classified as wild, scenic or recreational. The Act designates specific rivers for inclusion in the System and prescribes the methods and standards by which additional rivers may be added. The Act contains procedures and limitations for control of lands in federally administered components of the System and for disposition of lands and minerals under federal ownership. Hunting and fishing are permitted in components of the System under applicable federal and state laws.

WILDERNESS ACT (WA) 1964
http://www4.law.cornell.edu/uscode/16/ch23.html

The Wilderness Act established the National Wilderness Preservation System. The Secretary of the Interior was directed to review every roadless area of 5,000 acres or more and every roadless island within the national wildlife refuge and national park systems for possible inclusion in the System. The Act also included some national forest lands in the System and directed the Secretary of Agriculture to recommend others. Over 100 million acres have been included in the National Wilderness Preservation System so far.

National Marine Sanctuaries Act (NMSA) 1972
http://www4.law.cornell.edu/uscode/16/ch32.html

Source for much of the above-listed information: Please see http://ipl.unm.edu/cwl/fedbook/statute_frame.htm

State Legislation

California Coastal Act (CCA) 1976
http://ceres.ca.gov/topic/env_law/cca/stat

The California Coastal Act was enacted by the State Legislature in 1976 to provide long-term protection of California's 1,100-mile coastline for the benefit of current and future generations. The Coastal Act created a unique partnership between the State (acting through the California Coastal Commission) and local government (15 coastal counties and 58 cities) to manage the conservation and development of coastal resources through a comprehensive planning and regulatory program. The 1976 Act made permanent the coastal protection program launched on a temporary basis by a citizens' initiative that California voters approved in November 1972 (Proposition 20 - the "Coastal Conservation Initiative"). The Act's coastal resources management policies and governance structure are based on recommendations contained in the California Coastal Plan called for by Proposition 20 and adopted by the Coastal Commission in 1975 after three years of planning and hundreds of public hearings held throughout the State.

California Endangered Species Act (CESA) 1985
http://ceres.ca.gov/topic/env_law/cesa/stat

The California Endangered Species Act sets forth procedures by which individuals, organizations, or the Department of Fish and Game can submit petitions to the Fish and Game Commission requesting that a species, subspecies, or variety of plant or animal be added to, deleted from, or changed in status on the State lists of rare, threatened or endangered species. The factors that contribute to determining the need to list a species include the present or threatened modification or destruction of habitat, competition, predation, disease, overexploitation by collectors, or other natural occurrences or human-related activities.

California Environmental Quality Act (CEQA) 1970
http://ceres.ca.gov/ceqa/index.html

The basic goal of the California Environmental Quality Act is to develop and maintain a high-quality environment now and in the future, while the specific goals of CEQA are for California's public agencies to:

1) identify the significant environmental effects of their actions; and, either
2) avoid those significant environmental effects, where feasible; or
3) mitigate those significant environmental effects, where feasible.

California Land Conservation Act (Williamson Act) 1965
http://ceres.ca.gov/topic/env_law/williamson/stat.html

The Williamson Act provides for lowered property taxes for lands maintained in agricultural and certain open space uses. The landowner enters into a contract with the county or city to restrict land uses to those compatible with agriculture, wildlife habitat, scenic corridors, recreational use, or open space. In return, the local authorities calculate the property tax assessment based on the actual use of the land instead of its potential value assuming full commercial development. To be eligible, the land must be designated by a city or county as agricultural preserve, scenic highway corridor, or wildlife habitat area; or it must be actively used for the three years immediately preceding the beginning of the contract as a saltpond, managed wetland, or recreational or open space area.

Forest Practices Act (FPA) 1973
http://ceres.ca.gov/env_law/fpa/stat

This Act determined that the forest resources and timberlands of the state are among the most valuable of the natural resources of the state and that there is great concern throughout the state relating to their utilization, restoration, and protection. The forest resources and timberlands of the state furnish high-quality timber, recreational opportunities, and aesthetic enjoyment while providing watershed protection and maintaining fisheries and wildlife. The Act provides that it is the policy of the state to encourage prudent and responsible forest resource management calculated to serve the public's need for timber and other forest products, while giving consideration to the public's need for watershed protection, fisheries and wildlife, and recreational opportunities alike in this and future generations.

Native Plant Protection Act (NPPA) 1977
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=01001-02000&file=1900-1913

The intent of this act is to preserve, protect and enhance endangered or rare native plants of California. Many species and subspecies of native plants are endangered because their habitats are threatened with destruction, drastic modification, or severe curtailment, or because of commercial exploitation or by other means, or because of disease or other factors.

Natural Community Conservation Planning Act (NCCPA) 1991
http://www.dfg.ca.gov/nccp/displaycode.html

This Act established a program in the Department of Fish and Game with the cooperation of numerous private and public partners, that takes a broad-based ecosystem approach to planning for the protection and perpetuation of biological diversity. The conservation plans created by this process identify and provide for the regional or areawide protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity.

California Wilderness Coalition

Important Legislation affecting the Environment

Federal Legislation

State Legislation

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