1. What is the environmental framework and the key pieces of environmental legislation in your jurisdiction?
Congress enacts statutes that apply nationwide at a federal level. The Executive Branch of the federal government, primarily through the United States Environmental Protection Agency (EPA), enforces those
federal laws and regulations promulgated pursuant to those laws. Individual states, municipalities, and tribal
jurisdictions also may enact their own laws and regulations. In assessing environmental issues in the
United States, it is important to consider federal, state, and local laws and regulations, how they fit together,
and—in some cases—whether the federal laws pre-empt the state and local laws.
The primary federal laws are the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA); the Safe Drinking Water Act (SDWA); the Clean Air Act (CAA); the Clean Water Act (CWA); the Endangered Species Act; the Oil Pollution Act; the National Environmental Policy Act (NEPA); the Resource
Conservation and Recovery Act (RCRA); and the Toxic Substances Control Act (TSCA). Generally, states, local, and tribal authorities can enact laws and regulations that are stricter than the requirements of federal laws, but they must not conflict with the purposes of those laws. Where such conflict arises, the federal laws will typically pre-empt the other laws.
