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 promulgates (and enforces) regulations 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 (but not always) pre-empt the other laws.
