By Russellyn S. Carruth, Bernard D. Goldstein
This crucial source deals a complete assessment of the most important U.S. environmental legislation and techniques, suggestions, criteria, and enforcement recommendations through which American legislations protects our surroundings and our wellbeing and fitness. Written for the non-lawyer, the publication places the highlight on basic options that cross some distance to demystify the yank criminal method (what legislations involves, who makes it, the way it is made, and the way it's enforced). The authors additionally introduce the foremost environmental legislation and assessment concerns, controversies and advancements in environmental coverage.
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Extra info for Environmental Health Law: An Introduction
Example text
The standard the agency is to meet. ” The target community or entities subject to regulation, such as industrial sources emitting more than a specified number of tons per year of pollutants into the ambient air. Methods of enforcement, for example, mandatory monitoring and reporting. Penalties for violations. Definitions: Anyone working with an act needs to pay attention to the Definitions sections, because many ordinary-sounding words are given specialized, and even counterintuitive, meanings in statutes.
NEPA and CEQ regulations specify the required contents, which ideally reflect careful and impartial analysis by the agency. In practice, the proponent of the federal action—such as the applicant for a federal permit—commonly prepares the initial draft. This is not quite as bad as it sounds. Much of the material in a draft EIS consists of scientific data and analysis, which the proponent has to provide to the agency anyway in support of its application. Although we can’t look inside the decision maker’s head, the Council on Environmental Quality stresses that the agency must not simply rubber-stamp the proponent’s work.
Subject to those limits, states can and do enact legislation pertaining to all aspects of our lives, particularly concerning protection of public health, safety, and welfare. State legislatures are an important source of environmental law. Some state laws provide more protective standards; some cover contaminants or other things not reached by federal law. Sometimes states develop new programs or approaches that work well and serve as a model for new federal legislation. Even when state environmental laws are carbon copies of federal law, they provide another layer of enforcement and protection.