Environment Law - Environmental and Natural Resources

Law
What is Environmental Law?

Environmental Law is a complex combination of state, federal, and international treaty law
pertaining to issues of concern to the environment and protecting natural resources. For example,
environmental laws often relate to issues such as pollution of soil, air, or water; global warming; and
depletion of oil, coal, and clean water.

Administration of Environmental Regulations

In the United States, the chief government agency for administering environmental regulations is the
Environmental Protection Agency. Additionally, many states have their own environmental
enforcement agencies. In both cases, these bodies administer the laws designed to protect both
human health and the natural environment. They usually have the capacity to pass regulations on
environmental issues and to enforce those regulations through the imposition of fines, legal action,
or even the institution of criminal proceedings.

Pollution Control and Remediation

Generally, environmental law is broken into two categories: pollution control and remediation on the
one hand, and conservation of natural resources on the other. The source of authority for these laws
derives from many sources, and is heavily influenced by international treaties. Many of these treaties
pertain to matters like reducing greenhouse gas emissions, prohibiting the hunting or fishing of
endangered species, or even banning the testing of environmentally destructive weapons, such as
atomic bombs.

Violations of Environmental Law

Usually, violations of environmental laws are handled in a civil manner, with the imposition of fines
and civil damages to injured parties. But an emerging trend is spreading through the field of
environmental law in favor of the enactment of state laws criminalizing environmentally destructive
behavior. This has led to prison time for those who violate property use laws in protected
environments (such as building a home on protected wetlands) and business executives who allow
their companies to pollute.

Other Areas That Affect Environmental Law

Environmental laws also have relevance to product design in the form of emissions control,
environmentally friendly materials, and energy-efficient electronic devices. They have relation to tax
laws in the form of incentives for activities intended to benefit the environment, like fuel efficient
vehicles and the installation of solar panels. They affect housing codes in the form of requirements
for insulation, heat transfer through windows, and non-polluting construction materials. In other
 words, environmental laws are all around us and affect nearly every aspect of our daily lives in one
way or another.

The resources below will assist you in understanding environmental law and the various issues
pertaining to this expansive field of practice. Additionally, you can find information about law firms
that focus a portion of their practice on environmental issues under the Law Firms tab, above.

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Know Your Rights!

Failing to Disclose Environmental Defects in Property Sales

Which is Safer: Tap or Bottled Water?

Articles on HG.org Related to Environmental and Natural Resources

Law

Absurd Animal Cases in Homeowners Associations

Few cases are more prone to absurd happenings, bizarre government policies, or overly expensive
litigation than pet cases.

Unsafe Asbestos Removal

Many buildings were constructed with asbestos insulation in the past. After the discovery that the
material is hazardous to humans, many companies have endeavored to remove as much of the
material as possible. It is when the removal becomes dangerous to workers that health and safety
should be reinforced.

Animal Cruelty Cases

This year, the FBI has begun tracking cases of animal abuse on a national level in order to
research trends and adopt prevention strategies. Beginning in January 2016, police departments
will be required to report animal-related crimes to the National Incident Based Reporting System
(NIBRS). NIBRS is used by criminologists, law enforcement and researchers.

Massachusetts Environmental Fine Demonstrates Need to Adhere to Permit Requirements

A Salisbury, Massachusetts marina recently incurred a $14,380 penalty for its failure to adhere to
the terms of an Activity and Use Limitation (AUL) attached to the property after the previous owner
discovered a spill.
 Service AnimalsAn Overview

Service animals are animals which are trained to do work or perform tasks for the benefit of an
individual with a disability. Under the Americans with Disabilities Act, only a dog or a miniature
horse may be considered a service animal, though other states may allow other types of animals to
be service animals. Monkeys, ferrets and other animals may be considered service animals in
some states.

Proposal to Add Vineland NJ to Superfund List of Hazardous Waste Sites

The Environmental Protection Agency recently proposed that the former Kil-Tone Company factory
site in Vineland, New Jersey be added to the United States list of most hazardous waste sites.

Crime and Punishment and Facebook

Not long ago the Internet blew up over the killing of Cecil the lion, a 13-year-old lion living in a
Zimbabwean preserve, by an American dentist named Walter Palmer.

Floridas New Service Animal Laws A Nail without a Hammer

When it comes to service dogs and assistance animals, people often confuse the Federal
American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply
only to commercial (non-residential) settings. They apply to specifically trained service dogs (and
the very occasional miniature horse).

Wetlands Damage by Exxon

ExxonMobil Corporation and the New Jersey Department of Environmental Protection (NJDEP)
received court approval of a $225 million consent judgment on August 25, 2015, in a closely-
watched dispute over natural resource damages (NRD) caused by the oil giant.

DELCORA Sewer Discharge Settlement Agreement with EPA

The Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have confirmed
they have reached a settlement with a Pennsylvania water utility called the Delaware County
Regional Water Quality Control Authority (DELCORA).

All Environmental and Natural Resources Law Related Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to
Environmental and Natural Resources including: agricultural law, animal law, energy,
environmental law, equine law, forestry and fisheries, natural resources, oil and gas.
 Environmental and Natural Resources Law - US

ABA - Environment, Energy, and Resources Section

The Section of Environment, Energy, and Resources is the premier forum for lawyers working in
areas related to environmental law, natural resources law, and energy law. The Section is
committed to providing members with opportunities to enhance professional skills, stay on top of
current developments, and dialogue in these substantive areas. Section membership will add to
your professional skill set and broaden your knowledge.

Clean Air Act

The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from
stationary and mobile sources. Among other things, this law authorizes EPA to establish National
Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate
emissions of hazardous air pollutants.

Clean Water Act

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants
into the waters of the United States and regulating quality standards for surface waters. The basis
of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the
Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's
common name with amendments in 1977.

Energy Policy Act

The Energy Policy Act (EPA) addresses energy production in the United States, including: (1)
energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Tribal energy; (6) nuclear
matters and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity;
(10) energy tax incentives; (11) hydropower and geothermal energy; and (12) climate change
technology. For example, the Act provides loan guarantees for entities that develop or use
innovative technologies that avoid the by-production of greenhouse gases. Another provision of the
Act increases the amount of biofuel that must be mixed with gasoline sold in the United States.

Environmental Law Institute

The Environmental Law Institute provides information services, advice, publications, training
courses, seminars, research programs and policy recommendations to engage and empower
environmental leaders the world over. ELIs audience is leading environmental professionals in
government, industry, public interest groups and academia

Natural Resources Defense Council (NRDC)

 NRDC is the nation's most effective environmental action organization. We use law, science and
the support of 1.3 million members and online activists to protect the planet's wildlife and wild
places and to ensure a safe and healthy environment for all living things.

United States Environmental Policy - Wikipedia

The environmental policy of the United States is federal governmental action to regulate activities
that have an environmental impact in the United States. The goal of environmental policy is to
protect the environment for future generations while interfering as little as possible with the
efficiency of commerce or the liberty of the people and to limit inequity in who is burdened with
environmental costs. This policy grew mainly out of the environmental movement in the United
States in the 1960s and '70's during which several environmental laws were passed, regulating air
and water pollution and forming the Environmental Protection Agency (EPA).

United States Environmental Protection Agency (EPA) - Laws and Regulations

The mission of EPA is to protect human health and to safeguard the natural environment -- air,
water and land -- upon which life depends. A number of laws serve as EPA's foundation for
protecting the environment and public health. However, most laws do not have enough detail to be
put into practice right away. EPA is called a regulatory agency because Congress authorizes us to
write regulations that explain the critical details necessary to implement environmental laws. In
addition, a number of Presidential Executive Orders (EOs) play a central role in our activities.

Environmental and Natural Resources Law - International

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and

their Disposal

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal is the most comprehensive global environmental agreement on hazardous and other
wastes.

Canadian Environmental Law Association (CELA)

The Canadian Environmental Law Association (CELA) is a non-profit, public interest organization
established in 1970 to use existing laws to protect the environment and to advocate environmental
law reforms.

Center for International Environmental Law (CIEL)

The Center for International Environmental Law (CIEL) is a nonprofit organization working to use
international law and institutions to protect the environment, promote human health, and ensure a
just and sustainable society.

Convention on Biological Diversity (CBD)

 The Convention on Biological Diversity (CBD) entered into force on 29 December 1993. It has 3
main objectives: 1. The conservation of biological diversity 2. The sustainable use of the
components of biological diversity 3. The fair and e.quitable sharing of the benefits arising out of
the utilization of genetic resources

Environment and Security (ENVSEC) Initiative

Peacefully resolving the overriding political, economic and social concerns of our time requires a
multifaceted approach, including mechanisms to address the links between the natural
environment and human security. UNDP, UNEP, OSCE, NATO, UNECE and REC have joined
forces in the Environment and Security (ENVSEC) Initiative to offer countries their combined pool
of expertise and resources towards that aim.

Environmental Law Alliance Worldwide (ELAW)

The Environmental Law Alliance Worldwide (ELAW) gives public interest lawyers and scientists the
training and resources they need to help communities protect the environment through law.

Environmental Law Foundation

The Environmental Law Foundation (ELF) is the national UK charity founded in 1992 that helps
people use the law to protect and improve their local environment and quality of life. Through our
network of specialist lawyers and consultants across the UK, we provide free guidance and
continuing support to those in need of assistance.

European Commissioner for the Environment

The main role of the European Commission's Environment Directorate-General (DG) is to initiate
and define new environmental legislation and to ensure that agreed measures are put into practice
in the EU Member States.

European Environmental Law Network

The EU's environmental laws help protect against water, air and noise pollution and control risks
related to chemicals, biotechnology and nuclear energy within the Union.

Intergovernmental Panel on Climate Change (IPCC)

The IPCC was established to provide the decision-makers and others interested in climate change
with an objective source of information about climate change.

Kyoto Protocol

The Kyoto Protocol is an international agreement linked to the United Nations Framework
Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets binding
targets for 37 industrialized countries and the European community for reducing greenhouse gas
 (GHG) emissions .These amount to an average of five per cent against 1990 levels over the five-
year period 2008-2012.

North American Agreement on Environmental Cooperation (NAAEC)

Since 1994, Canada, Mexico and the United States have collaborated in protecting North
America's environment through the North American Agreement on Environmental Cooperation
(NAAEC). The NAAEC came into force at the same time as the North American Free Trade
Agreement (NAFTA) and marks a commitment that liberalization of trade and economic growth in
North America would be accompanied by effective cooperation and continuous improvement in the
environmental protection provided by each country.

Ramsar Convention on Wetlands

The Convention on Wetlands of International Importance, called the Ramsar Convention, is an

intergovernmental treaty that provides the framework for national action and international
cooperation for the conservation and wise use of wetlands and their resources.

United Nations Environment Programme

The mission of the UN'S Environment Programme is: To provide leadership and encourage
partnership in caring for the environment by inspiring, informing, and enabling nations and peoples
to improve their quality of life without compromising that of future generations.

United Nations Framework Convention on Climate Change (UNFCCC)

Over a decade ago, most countries joined an international treaty -- the United Nations Framework
Convention on Climate Change (UNFCCC) -- to begin to consider what can be done to reduce
global warming and to cope with whatever temperature increases are inevitable. More recently, a
number of nations approved an addition to the treaty: the Kyoto Protocol, which has more powerful
(and legally binding) measures. The UNFCCC secretariat supports all institutions involved in the
climate change process, particularly the COP, the subsidiary bodies and their Bureau.

Vienna Convention to Protect the Ozone Layer

"The Vienna Convention for the Protection of the Ozone Layer" is a treaty on the framework for
international cooperation concerning the protection of the ozone layer, which was adopted in 1985
and entered into force in 1988. It provides observations, research and information exchange on the
ozone layer.

Organizations Related to Environmental and Natural Resources

Law

AIDA - Interamerican Association for Environmental Defense

 Founded in 1998, AIDA is a nonprofit environmental law organization that works across
international borders to defend threatened ecosystems and the human communities that depend
on them. Environmental health and human rights can no longer be protected by working within the
political boundaries of individual nations the 35 countries of our hemisphere are united under a
common environmental flag. International problems call for international responses, and AIDA
develops transnational strategies to address the environmental and human rights challenges of the
21st century.

Bellona Foundation

The Bellona Foundation is an international environmental NGO based in Norway. Founded in 1986
as a direct action protest group, Bellona has become a recognised technology and solution-
oriented organization with offices in Oslo, Brussels, Washington D.C., St. Petersburg and
Murmansk. Altogether, some 75 engineers, ecologists, nuclear physicists, economists, lawyers,
political scientists and journalists work at Bellona.

Biofuelwatch

Biofuelwatch actively supports the campaign for an EU moratorium on agrofuels from large-scale
monocultures. Agroenergy monocultures are linked to accelerated climate change, deforestation,
the impoverishment and dispossession of local communities, bio-diversity losses, human rights
abuses, water and soil degradation, loss of food sovereignty and food security.

Conservation International

We imagine a healthy prosperous world in which societies are forever committed to caring for and
valuing nature for the long-term benefit of people and all life on Earth. Conservation International is
committed to helping societies adopt a more sustainable approach to development one that
considers and values nature at every turn.

Conservation Law Foundation (CLF)

The Conservation Law Foundation (CLF) works to solve the most significant environmental
challenges facing New England. Since 1966, CLF's advocates have used law, economics and
science to create innovative strategies that conserve natural resources, protect public health and
promote vital communities in our region.

Earth Charter Initiative

The Earth Charter Initiative is an extraordinarily diverse, global network of people, organizations,
and institutions that participate in promoting and implementing the values and principles of the
Earth Charter.

Earth Island Institute

 Earth Island Institute is a non-profit, public interest, membership organization that supports people
who are creating solutions to protect our shared planet.

Earth Policy Institute

The Earth Policy Institute (EPI) was founded in 2001 by Lester Brown, the founder and former
president of the Worldwatch Institute, to provide a plan of a sustainable future along with a
roadmap of how to get from here to there. EPI works at the global level simply because no country
can fully implement a Plan B economy in isolation. EPIs goals are (1) to provide a global plan
(Plan B) for moving the world onto an environmentally and economically sustainable path, (2) to
provide examples demonstrating how the plan would work, and (3) to keep the media,
policymakers, academics, environmentalists, and other decision-makers focused on the process of
building a Plan B economy.

Environmental Foundation for Africa (EFA)

The Environmental Foundation for Africa (EFA) aims to protect and restore the environment in
West Africa. For over 15 years, EFA has led: * environmental education (EE) and awareness
raising campaigns; * restored degraded lands and conserved pristine forests; * minimized the
impacts of civil war on the environment and its inhabitants and; * equipped thousands of people
with sustainable livelihood skills such as agroforestry.

Environmental Investigation Agency

The non-profit Environmental Investigation Agency is an international campaigning organization

with offices in Washington, DC, and London, UK. Since 1984, EIA has used pioneering
investigative techniques to expose environmental crimes and campaign against illegal wildlife trade
and threats to our global environment.

Forests and the European Union Resource Network

FERN is a non-governmental organisation (NGO) created in 1995 to keep track of the European
Unions involvement in forests and coordinate NGO activities at the European level. Our work
centres on forests and forest peoples rights and the issues that affect them such as trade and
investment and climate change. All of our work is done in close collaboration with social and
environmental organisations and movements across the world. The name FERN was chosen
because ferns are one of the few species that grow in all forests.

Friends of Nature

With over 500,000 members in 50 member and partner organisations, the Friends-of-Nature
movement, founded in 1895, is one of the largest non-governmental organisations (NGOs)
worldwide. Our work is focused on shaping the sustainable development of our societies.

Friends of the Earth International

 We are the world's largest grassroots environmental network and we campaign on today's most
urgent environmental and social issues. We challenge the current model of economic and
corporate globalization, and promote solutions that will help to create environmentally sustainable
and socially just societies.

Greenpeace International

Greenpeace exists because this fragile earth deserves a voice. It needs solutions. It needs
change. It needs action. Greenpeace is an independent global campaigning organisation that acts
to change attitudes and behaviour, to protect and conserve the environment and to promote peace.

International Environment House (IEH)

The International Environment House (IEH) gathers under a common roof a range of United
Nations and non-governmental organizations active in the field of environment and sustainable
development.

International Institute for Sustainable Development

The institute champions global sustainable development through innovation, research and
relationships that span the entire world. It is devoted to the ongoing communication of its findings
as it engages decision-makers in business, government, non-government organizations and other
sectors.

International Union for Conservation of Nature (IUCN)

IUCN, the International Union for Conservation of Nature, helps the world find pragmatic solutions
to our most pressing environment and development challenges. It supports scientific research,
manages field projects all over the world and brings governments, non-government organizations,
United Nations agencies, companies and local communities together to develop and implement
policy, laws and best practice.

Nature Conservancy

Welcome to The Nature Conservancy the leading conservation organization working around the
world to protect ecologically important lands and waters for nature and people.

NatureServe

NatureServe is a non-profit conservation organization whose mission is to provide the scientific

basis for effective conservation action. NatureServe and its network of natural heritage programs
are the leading source for information about rare and endangered species and threatened
ecosystems.

Nicodemus Wilderness Project

 The Nicodemus Wilderness Project was founded because of the need for environmental
restoration, stewardship, and protection of neglected public lands. Our organization coordinates
volunteer events worldwide that utilize the resources of the community to provide long-term
environmental benefits for natural areas

Stockholm Environment Institute

SEI is an independent international research institute. We have been engaged in environment and
development issues at local, national, regional and global policy levels for more than 20 years. The
Institute was formally established in 1989 by the Swedish Government and celebrated its 20th
anniversary in October 2009. SEI has established a reputation for rigorous and objective scientific
analysis in the field of environment and development. Our goal is to bring about change for
sustainable development by bridging science and policy. We do this by providing integrated
analysis that supports decision makers.

World Business Council for Sustainable Development

Our mission is to provide business leadership as a catalyst for change toward sustainable
development, and to support the business license to operate, innovate and grow in a world
increasingly shaped by sustainable development issues.

World Resources Institute (WRI)

WRI works with business partners, governments and civil society to confront todays most urgent
environmental challenges. We have over 50 active projects working on aspects of global climate
change, sustainable markets, ecosystem protection, and environmentally responsible governance.

Worldwatch Institute

Worldwatch Institute delivers the insights and ideas that empower decision makers to create an
environmentally sustainable society that meets human needs. Worldwatch focuses on the 21st-
century challenges of climate change, resource degradation, population growth, and poverty by
developing and disseminating solid data and innovative strategies for achieving a sustainable
society.

Publications Related to Environmental and Natural Resources Law

Environmental News Network (ENN)

When ENN was started over sixteen years ago, it was our intention that our service would bring
attention to the present and future environmental issues facing the health of our planet and the
people it supports. Now, in a world where these issues have migrated to the mainstream, we are
looking forward and asking: what more can we do to help? ENN has a serious editorial mission.
Our mission is to inform, educate, enable and create a platform for global environmental action.
 Journal of Environmental Law

The Journal of Environmental Law has become an authoritative source of informed analysis for all
those who have any dealings in this vital field of legal study. The Journal exists primarily for
academics and legal practitioners, but should also prove accessible for all other groups concerned
with the environment, from scientists to planners.

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