Environmental Laws, Regulations, & Policies - Federal Level

FindLaw Internet Legal Resources (a GREAT environmental law resource)

Thomas of the Library of Congress. an excellent resource for keeping in tune with recent legislative actions, tracking the history of bills before Congress as well as legislation enacted into law.

Federal Register

GPO Access on the Web

GPO's Federal Register Access Site

GPO's Federal Register Access Site

GPO's Federal Register Access Site (Mirrored at University of California)

Code of Federal Regulations (CFR)

Occupational Safety and Health Administration (OSHA)

Occupational Safety and Health Administration (OSHA) - Second Link

Searchable Code of Federal Regulations

Searchable Code of Federal Regulations (updated through 1992)

Searchable Code of Federal Regulations 1995 Title 40 only, provided by the Chemical Industry

Code of Federal Regulations - Title 40 only from EPA in Acrobat PDF format, downloadable by Section

The U.S. House of Representatives - Internet Law Library - U.S.

U.S. Congressional Websites

U.S. House of Representatives - CFRs

LEFLAW'S TOP 40 INTERNET LAW SITES

Legal Information Institute's Environmental Law Materials (Cornell University)

Environmental Law World Wide Web Site

Federal Government Resources on the Web

FedWebLoc - Independent Agencies

Government Resources on the Web

EnviroText online library, consisting primarily of environment, safety, and health requirements

Environmental References for the Practicing Attorney

United States Code (U.S.C)

United States Code

Statutes, Codes, Rules, and Regulations

U.S. Environmental Protection Agency

• Wetlands Laws, Regulations, & Guidance

U.S. Army Corps of Engineers - Policy Guidance

Directorate of Civil Works

• Policy Guidance Letters (PGLs)
• Navigation
• Flood Control and Shore Protection
• Hydropower
• Emergency Response
• Environmental Activities
• Permits and Wetlands
• Recreation
• Other Services
• Regulatory Guidance Letters (RGLs)
• USACE Legal Services Workshop: The Civil Works Program

DOD Instructions & Directives

DOD Instructions & Directives

Environmental Law Links, maintained by the U.S. Army Environmental Law Division

Environmental Law Bookshelf - OSHA Regs, Army Regs, DODD, DODI, International Treaties

USACE Civil Works Environmental Desk Reference

Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-510)

41 CFR Part 101-47: Federal Property Management Regulations

60 FR 35706: Final Rule for Public Benefit Conveyances of Port Facilities

Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

Restoration Advisory Board Implementation Guidelines

DOD Base Reuse Implementation Manual (DoD 4165.66-M)

Selected DODI/DODD/Policies of Interest

• Environmental Remediation Policy for DoD Activities Overseas (DENIX)
• Overseas Environmental Baseline Guidance Document (OEBGD) 15 March 2000 Edition
• Downloadable version (DOC and HTML)
• Japan Environmental Governing Standards (JEGS)
• U.S. Marine Corps MCO 5090.2A - Environmental Compliance & Protection Manual

Selected Environmental Laws

General

• National Environmental Policy Act (PL 91-190; 42 U.S.C. 4321-4370d)
• Freedom of Information Act (FOIA) (5 U.S.C. 552)
• Other Laws Relating to Access to Public Information

Cultural and Historic Resources

• National Historic Preservation Act of 1966 as amended (PL 89-665; 16 U.S.C. 470)
• Archaeological and Historic Preservation Act of 1974 (PL 93-291;16 U.S.C.469)
• Archeological Resources Protection Act of 1979 (PL 96-95; 16 U.S.C. 470aa-11)
• U.S. Army Corps of Engineers' Responsibility under the ARPA (Tulsa District)
• Advisory Council on Historic Preservation (ACHP)
• 36 CFR Part 800 (Section 106 Regulations)
• DOD Base Reuse Implementation Manual (mirrored site for 36 CFR Part 800)
• Section 106 Guidance
• Section 106 Step-by-Step
• Secretary of the Interior's Standards for Archeology and Historic Preservation (48 FR 44716)
• Section 110 Guidelines: Guidelines for Federal Agency Responsibilities under Section 110 of the NHPA (53 FR 4742)
• Identification of Historic Properties: A Decisionmaking Guide for Managers
• Guidelines for Applying the Historic Preservation Professional Qualification Standards

Natural Resources

• Endangered Species Act of 1973, as amended (PL 93-205; 16 U.S.C. 1531 et seq.)
• State lists of T&E Species
• Federal Register Notices
• U.S. Fish and Wildlife Service Directives Home Page
• Fish and Wildlife Coordination Act (PL 85-624; 16 U.S.C. 661-667d)
• Farmland Protection Policy Act (PL 97-98; 7 U.S.C. 4201 et seq.)
• Federal Land Policy and Management Act of 1976 (PL 94-579; 43 U.S.C. 1701-1782)

Water Resources

• Clean Water Act, as amended (PL 92-500; 33 U.S.C. 1251 et seq. )
• Wetlands Regulation Center
• Safe Drinking Water Act (PL 93-523; 42 U.S.C. 300f-j-26)
• Marine Protection, Research, and Sanctuaries Act of 1972 (PL 92-532; 33 U.S.C. 1401-1445)
• Ocean Dumping Provisions
• National Marine Sanctuaries Act (PL 92-532; 16 U.S.C. 1431-1445a)
• Coastal Zone Management Act of 1972, as amended (PL 92-583; 16 U.S.C. 1451 et seq.)
• Wild and Scenic Rivers Act of 1968 (PL 90-542; 16 U.S.C. 1271-1287)
• Estuary Protection Act (PL 90-454; 16 U.S.C. 1221-1226)
• Oil Pollution Act (33 USCA Sec 2701-2761)

Air Quality

• Clean Air Act, as amended (42 U.S.C. 7401 et seq.)
• Clean Air Act Amendments of 1990, P.L. 101-549
• National Ambient Air Quality Standards (NAAQS)
• Montreal Protocol of 1987, as amended in 1990, 1992

Solid and Hazardous Wastes

• Federal Insecticide, Fungicide and Rodenticide Act, (PL 95-516; U.S.C. 136-136y)
• Toxic Substances Control Act, (PL 96-469; 15 U.S.C. 2601-2692)
• Resource Conservation and Recovery Act, (PL102-579; 42 U.S.C. 6901-6992k)
• Comprehensive Environmental Response, Compensation and Liability Act of 1980, (PL 101-510; 42 U.S.C. 9601-9675)

Executive Orders

• Executive Order 12114 - Environmental Effects Abroad of Major Federal Actions
• Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirement, August 3, 1993
• Summary of Executive Order 12856 (Federal Compliance with Right-to-Know and P2)
• Guidance For Implementation of Executive Order 12856 March 1995: Federal Compliance with Right-To-Know Laws and Pollution Prevention Requirements
• Memorandum For Asst. Sects. of the Army, Navy, and Air Force, Directors, Defense Agencies For EO 12856
• Executive Order 12843 - Procurement Requirements and Policies for Federal Agencies for Ozone-Depleting Substances, April 21, 1993
• Executive Order 11988- Floodplain Management
• Executive Order 11990- Protection of Wetlands
• Executive Order 11991 - Relating to Protection and Enhancement of Environmental Quality
• PL 101-233 16 U.S.C. 4408- Restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands.

Supreme Court Decisions and Other Precendent-setting Legislation

• Manuel Lujan, Jr. Secretary of the Interior v. Defenders of Wildlife et al. 504 U.S. 555 (1992) regarding a challenge to the attempt of the Secretary of the Interior and Commerce to first promulgate a joint regulation extending 7(a)(2)'s coverage to actions taken in foreign nations, and then to reduce that scope to the U.S. and the high seas.
• Bruce Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon (1995) involving clarification of "take" under the ESA to not include loss of habitat unless it "proximately" causes death or injury to a listed species
• Clean Water Act Section 404, Project Purpose must be Water Dependent (40 CFR 230.1-(a)(2))
• Old Cutler Bay Associates
• Hartz Mountain
• Plantation Landing Resort
• Sierra Club v. Martin, 1997  (also here) In SIERRA CLUB, The Wilderness Society, Georgia Forestwatch, Inc., The Armuchee Alliance, Rabun County Coalition to Save the Forest, Inc., Friends of Georgia, Inc., Plaintiffs-Appellees, v. George G. MARTIN, in his official capacity as Forest Supervisor of the Chattahoochee and Oconee National Forests, Robert C. Joslin, Regional Forester of the United States Forest Service for Region Eight,  United States Forest Service, Bert Thomas, Cook Brothers Lumber Company, Parton Lumber Co., Inc., Thrift Brothers Lumber Co., Inc., Defendants-Appellants., April 29, 1997   Held the the Migratory Bird Treaty Act does not apply to the federal government because the MBTA's prohibition against "taking" any migratory bird applies only to "any person, association, partnership, or corporation." 16 U.S.C. § 707(a) (1996).
• The Supreme Court then later affirmed this ruling in Newton County Wildlife Association, et al., v. George Rogers, et al.
• Louisiana Wildlife Federation, Inc. v. York et al. (1984/85)
• Plantation Landing or Gardens
• Friends of the Earth v. Hintz (9th Circuit case) (1986)
• Sylvester v. U.S. Army Corps of Engineers (9th Circuit case) (1989)
• Shoreline Associates v. Marsh
• Sierra Club v. Marsh (1988/89)
• Andrus v. Sierra Club, 442 U.S. 347 (1979) held that Section 102 (2) (C) does NOT require federal agencies to prepare EIS's to accompany appropriation requests, following an allegation that proposed curtailments in the budget of the National Wildlife Refuge System would significantly affect the quality of the human environment, and hence should have been accompanied by an EIS prepared both by the Department of the Interior's Fish and Wildlife Service, which administers the Refuge System, and by OMB
• Kleppe v. Sierra Club, 427 U.S. 390 (1976), affirming that region-wide EIS's are not required absent an existing proposal for a region-wide action
• Japan Whaling Assn. v. American Cetacean Society, 478 U.S. 221 (1986) held that the Secretary's decision to secure the certainty of Japan's future compliance with the IWC's program through the 1984 executive agreement, rather than rely on the possibility that certification and imposition of economic sanctions would produce the same or better result, is a reasonable construction of the Pelly and Packwood Amendments
• Robertson, Chief of the Forest Service, et al. v. Methow Valley Citizens Council et al. held that NEPA does NOT impose a requirement to fully develop and adopt a specific mitigation plan at the EIS stage, that a "worst-case" analysis is NOT required
• Marsh, Secretary of the Army, et al. v. Oregon Natural Resources Council et al. 490 U.S. 360 (1989) held that agencies must apply a "rule of reason" and prepare supplemental NEPA documentation if there remains a Federal Action at the time new information is brought forward. The court also ruled that deference to the Corps' expertise was appropriate, given the high degree of technical expertise required to evaluate the issues. When specialists disagree, an agency has wide discretion to rely on the reasonable opinions of its own qualified experts, even if others might find contrary views more persuasive.

Miscellaneous Federal Statutes

• 7 U.S.C., Chapter 6 - Insecticides and Environmental Pesticide Control
• 16 U.S.C. - Conservation
• 22 U.S.C. § 274a - International Biological Program for the Earth's Ecology
• 22 U.S.C. § 2151 - International Environmental and Natural Resources
• 22 U.S.C. § 2151p-1 - Tropical Forests
• 22 U.S.C. § 2151q - Endangered Species
• 26 U.S.C., Chapter 38 - Environmental Taxes
• 33 U.S.C., Chapter 9 - Protection of Navigable Waters
• 33 U.S.C., Chapter 26 - Clean Water Act
• 33 U.S.C., Chapter 27 - Ocean Dumping
• 33 U.S.C., Chapter 33 - Prevention from Pollution from Ships
• 33 U.S.C., Chapter 40 - Oil Pollution
• 42 U.S.C. § 300g-1 - National Drinking Water Regulations
• 42 U.S.C., Chapter 23 - Atomic Energy
• 42 U.S.C., Chapter 55 - National Environmental Policy
• 42 U.S.C., Chapter 65 - Noise Pollution
• 42 U.S.C., Chapter 73 - Development of Energy Sources
• 42 U.S.C., Chapter 82 - Solid Waste Disposal
• 42 U.S.C., Chapter 85 - Clean Air Actl
• 42 U.S.C., Chapter 103 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Federal Agency Regulations
• Code of Federal Regulations: 40 C.F.R. - Protection of Environment

Federal Judicial Decisions
• U.S. Supreme Court: Recent Environmental Law Decisions
• U.S. Circuit Courts of Appeals: Recent Environmental Law Decisions

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