overviewof environmental law（浏览信息环境法律）（37页）.docVIP

Chapter I Overview of Environmental Law by Lisa F. Brown, Assistant Counsel for Enforcement California Environmental Protection Agency I. Introduction There is a vast body of law encompassing the area of environmental protection. Environmental laws, both federal and state, provide for such diverse activities as environmental review; protection of air and water resources; regulation of the exposure of workers to environmental hazards; control of the storage of hazardous materials in underground tanks; control of the use, marketing, and manufacture of pesticides; and the warning of the risks of exposure to hazardous substances. In many cases, state environmental statutes implement federal requirements; others go beyond federal requirements and stand as independent state law. Because of the interrelationship between federal and California law, this section will provide a brief overview of the federal environmental statutes. II. The Federal Approach to Environmental Regulation Federal environmental statutes and programs provide much of the framework used to develop, interpret, and enforce state environmental protection laws. For this reason, it is important to acquire a general understanding of federal environmental protection laws as they relate to state law. With the exception of National Environmental Policy and Endangered Species Act, California law preceded and was the basis for the development of federal environmental laws. A. The Federal Environmental Protection Agency (U.S. EPA) There are numerous agencies of the federal government such as the Department of Transportation, Department of Agriculture, Food and Drug Administration, and the Occupational Safety and Health Administration that have tangential authority over the environment. But primary responsibility for the nation’s environment rests with the Environmental Protection Agency (U.S. EPA). The U.S. EPA is the only major federal regulatory agency that was created not by an