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The sun sets over the Los Angeles skyline, casting a hazy orange glow over the buildings. As the day drifts to a close, the polluted air thickens as cars, factories, and other sources continue to belch poisonous gases into the atmosphere. The scene is all too familiar in many cities across the United States, where environmental issues have become increasingly pressing. But what can we do about it? The answer lies in the enforcement of stronger environmental policies in the US.
Environmental policies in the US are crucial to protect the planet and ensure a sustainable future. From the Clean Air Act to the Paris Agreement, the US has policies in place designed to safeguard the environment. Yet, many people are not aware of these policies or their impact.
Let’s look at some of the most important environmental policies in the US that you need to know about. In this article we explore the key components, the impact on the environment, and the challenges. By the end, you will have a better understanding of the policies protecting our planet and how to support them.
The Clean Air Act
First on our list is the Clean Air Act in the United States.
The Clean Air Act is the United States’ primary federal air quality law, which they created to reduce and control air pollution across the country.
Initially enacted in 1963 they have amended it periodically. One of the United States’ first and most influential modern environmental laws, it paved the way for many other laws.
Like all other major US federal environmental policies, they monitor the Clean Air Act and execute it by the US Environmental Protection Agency (EPA) in coordination with all local, and state ruling bodies.
The act sets the standards for emissions of hazardous pollutants and the common sources of those pollutants. As such, it creates requirements for related vehicle fuels and industrial facilities and works to bolster ozone layer protection and mitigate long-term climate change.
Air Pollutant Regulations
Air pollutant-related regulations most commonly orbit around sulphur oxides, carbon monoxide, photochemical oxidants, hydrocarbons, and nitrogen dioxide. There are 4 main steps:
- Risk Assessment: The 1990 CAA Amendments of the Clean Air Act created a Commission on Risk Assessment and Management which is tasked with making recommendations for a risk assessment framework. Many reports have been built on this amendment.
- Visibility and Regional Haze: The EPA monitors and evaluates both visibility and air clarity at over 156 protected parks and wilderness areas, and requires states to develop policies to boost air visibility by reducing pollutants.
- Interstate Pollution Control: The EPA developed the Cross-State Air Pollution Rule between 2009 and 2011, and it continues to be litigated as the EPA updates it; this works to mitigate interstate pollution and keep the ground-level air cleaner.
- Startup and Shutdown: The EPA also dictates rules for states to address excess emissions during periods of startup, shutdown, and malfunction, which is when facility emissions may see a temporary uptick that surpasses standard regulatory limits.
The Endangered Species Act
The Endangered Species Act (otherwise known as the ESA) is a program that focuses on the conservation of threatened and endangered plants and animals in their original habitat.
As such, the EPA often works alongside both the US Fish and Wildlife Service (FWS) and the US National Oceanic and Atmospheric Administration (NOAA) Fisheries Service to ensure that businesses and organisations are only authorising, funding, or carrying out actions that don’t jeopardise these species.
This is the same regulation that prohibits taking or keeping any listed species of endangered wildlife or fish, which includes importing or exporting them.
ESA’s positive impact
First enacted in 1973, the ESA has had an undeniably positive impact, with 99% of the species it sought to protect avoiding extinction. Some of the protected species include:
- The black-footed ferret
- The bald eagle
- The humpback whale
- The leatherback sea turtle
- And the monarch butterfly
Because the US is the world’s second-largest consumer market for wildlife, the ESA guarantees that citizens of the US do not contribute to the decline of foreign endangered species by importing them as pets.
The ESA’s proven success has meant its structure is used in many countries to develop similar conservation successes.
The National Environmental Policy Act
Nicknamed the Magna Carta of federal environmental laws, the National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental impact of proposed major federal actions prior to making decisions.
Environmental considerations in planning
Section 102 in Title 1 of the act ensures that federal agencies incorporate environmental considerations in planning and decision-making. As such, they must state the environmental effect of (and alternatives to) all major federal actions. These statements are called Environmental Impact Statements (EIS).
The Council on Environmental Quality (CEQ) oversees the statements which enforces the NEPA. Their duties include guaranteeing federal agencies meet their NEPA obligations, overseeing federal organisation adherence to the environmental impact assessment system, and issuing guidance to federal agencies regarding NEPA compliance.
Environmental Protection vs Economic Growth
The National Environmental Policy Act has been hailed as one of the best educational acts in the world. It grants public and elected officials access to the information necessary to make informed decisions. This has resulted in a more democratic, productive, thriving, and, of course, sustainable society that doesn’t sacrifice environmental protection for economic growth.
The Paris Climate Agreement
The Paris Agreement is a legally binding international treaty on climate change that involves the US. It was adopted by 195 other parties at the UN Climate Change Conference (COP21) in Paris, France, on the 12th of December 2015. And it was officially launched on November 4th, 2016.
The 2 degree Goal
The goal is to achieve both economic and social transformation, with an ambitious end goal. To hold the increase in the global average temperature to less than two degrees Celsius above pre-industrial levels. Thereby halting climate change in its tracks.
It works on a five-year cycle of increasingly ambitious climate action carried out by a multitude of countries, where each country submits national climate action plans for approval from 2020.
NEPA has broken the agreement into three main categories:
- finance,
- technology, and
- capacity-building.
Each category encourages countries to work together to fund, innovate, and expand their capacity for bigger climate-related policies.
This is evaluated and monitored via the Enhanced Transparency Framework. The ETF prompts countries to report on all actions taken and the progress made towards their national climate goals.
The Paris Agreement has achieved great things. The most impressive being that, by 2030, zero-carbon solutions will be competitive in sectors that represent over 70% of global emissions.
Other Important Environmental Policies in the US
There are several other important environmental policies in the US. But we have singled out and summarised the following 9 you definitely need to be aware of:
The Atomic Energy Act (AEA)
The Atomic Energy Act (AEA) established the Atomic Energy Commission (AEC) to promote the utilisation of atomic energy for peaceful purposes. And to the maximum extent consistent with the common defence, security, and health and safety of the public.
Its role is to develop regulations for both federal and state agencies. They must contain rules and recommendations for use in developing radiation protection requirements and materials. And must work with states to execute radiation protection programs.
The Beaches Environmental Assessment and Coastal Health Act
The Beaches Environmental Assessment and Coastal Health (BEACH) Act first amended the Clean Water Act in 2000. It was crafted to reduce the risk of disease to users of all coastal recreation waters.
The act authorises the EPA to award programme development and implementation grants to eligible states, territories, tribes, and governments to support microbiological testing and monitoring of coastal recreational waters. This includes both the Great Lakes and the waters adjacent to beaches.
The Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act
The Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act focuses on amending provisions for reporting and evaluating information under Section 112 of the Clean Air Act. This act orbits around the use and management of flammable fuels and public access to off-site consequence analysis (OCA) data.
The Comprehensive Environmental Response, Compensation, and Liability Act
Otherwise known as the CERCLA or the Superfund, this act grants a federal fund to clean up uncontrolled or abandoned hazardous waste sites. These sites are alongside accidents, spills, and other emergency releases of pollutants and contaminants into the environment.
Through CERCLA, the EPA identifies the parties responsible for the release of hazardous waste and assures their cooperation in the clean-up.
The Emergency Planning and Community Right-to-Know Act (EPCRA)
The Emergency Planning and Community Right-to-Know Act was first passed by congress as the national legislation on environmental-related community safety. This law is designed to help local communities protect public health, safety, and the environment from chemical hazards.
For example, if a gas leak affects a local water source, the EPCRA ensures all townsfolk are aware of this spill and its impact on their drinking water.
The Energy Independence and Security Act (EISA)
Enacted in 2007, this act’s primary goal is to move the US towards greater energy independence and security. As such, it focuses on bolstering the production of clean renewable fuels, protecting consumers, increasing the efficiency of products, buildings, and vehicles, and solidifying energy security and renewable fuel production to insulate the US economy.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide Act means all pesticides sold or distributed in the US must be licensed by the EPA. This guarantees that all pesticides are safe for the environment and the population.
The Nuclear Waste Policy Act (NWPA)
This act establishes procedures to evaluate and monitor sites for geologic repositories. It also provides a timetable of key milestones that federal agencies must meet in carrying out the program.
The Pollution Prevention Act (PPA)
The Pollution Prevention Act directed industry, government, and public attention to mitigate the amount of pollution in America. This is achieved through cost-effective changes in production, operation, and raw materials used.
All US environmental policies are listed in full on the EPA website.
Challenges to Environmental Policies in the United States
Environmental policies in the United States typically involve governmental actions at the federal, state, and local level to protect the environment and conserve natural resources.
To accomplish this, environmental protection is balanced with other public policy concerns like economic growth, sustainable energy, and the rights of businesses and individuals. Debates over environmental policies often involve discussions about trade-offs associated with environmental laws.
This delicate balance is the source of many environmental policy challenges in the US. Some of these conflicts have included, but aren’t limited to, the following:
Drilling in Alaska
The Arctic National Wildlife Refuge (ANWR) is a wildlife refuge managed by the US Fishing and Wildlife Service. It covers over 19.64 million acres of water and land in north-eastern Alaska.
Conserving the refuge
The area is managed for fish and wildlife conservation, water quality, use by local residents for subsistence, and the execution of international fish and wildlife treaty obligations.
Potential oil and natural gas development in ANWR has been a point of contention in environmental and energy policy debates, making many of them hit a standstill.
President Obama’s contribution
In 2015, President Barack Obama requested that Congress dedicate 1.4 million acres of the coastal plain and other areas in northern ANWR as protected wilderness under the Wilderness Act. Additionally, the Obama administration barred oil and gas drilling on 12 million acres of ANWR managed by the U.S. Department of the Interior.
This was unpopular with some, as the US Energy Information Administration estimated that the amount of oil in the coastal plain of ANWR totals approximately 10.3 billion barrels.
According to supporters of the US Energy Information Administration, supplying oil this way would yield lower energy prices for consumers. They also stated that advances in drilling technology would ensure they could extract oil with minimal impact on ANWR.
However, they did not convince the president or many environmental supporters.
Dedicated Solar Energy in Arizona
In 2012, the US Bureau of Land Management announced a program that intended to bolster solar energy development across Arizona, California, Colorado, Nevada, New Mexico, and Utah.
The programmes function was to promote utility-scale solar energy developments to generate a minimum of 20 megawatts of electricity that could be transferred to each state’s electrical grid.
They established 677,400 acres were suitable for this development based on the bureau’s criteria, which should:
- not include essential habitat areas for endangered species.
- not have wilderness characteristics.
- not be national recreational trails, historic landmarks, or national backcountry byways.
- have a slope of less than 5 degrees.
Many landowners showed their displeasure that the land had to be used to produce solar energy. They would have preferred to use it for commercial purposes.
Climate Change Policies in California
California governor Jerry Brown signed an agreement with the Mexican government in 2014 to mitigate carbon dioxide emissions.
Brown signed it, as did Mexico’s Ministry of Environment and Natural Resources Undersecretary – Rodolfo Lacy, and Mexican National Forestry Commission Director – General Jorge Rescala Pérez.
The agreement was to execute the following:
- Align greenhouse gas reduction programmes and strategies between Mexico and California.
- Collaborate on fire emergency response along the border.
- Improve air quality.
- Expand the market for clean energy technologies.
- And strengthen truck efficiency standards.
The agreement followed previous agreements made by California and British Columbia (alongside China’s National Development and Reform Commission). Information had to flow between all countries involved to keep in the loop. It referred to:
- carbon dioxide reduction plans,
- ongoing research,
- alternative energy technology successes, and
- implementing carbon dioxide emissions trading systems.
The bills proposed from this agreement meant:
- less gasoline used on state roads by the year 2030.
- a green fleet initiative, and
- other proposals which restricted California’s pension funds from investing in coal companies.
California residents showed outrage.
General Environmental Policy Challenges in the US
These specific examples showcase how even the best environmental policies can face challenges. But there is a common thread that ties them together. Namely the balance between economic prosperity and environmental impact reduction.
Short sight
What may be positive for the environment may not always be positive for a population’s pockets in the short-term. Sometimes policies, especially new ones, involve investing in new clean technologies, and taking a leap of faith regarding innovation.
Long sight
However, we must meet these challenges head on to secure a sustainable future. With global temperatures reaching record highs in 2023 (and showing no signs of lowering), the effects of climate change have been devastating. America has suffered:
- numerous floods,
- scorching droughts,
- tornado outbreaks, and
- tropical storms.
In 2022 alone, 18 billion dollars was needed for environment-related recovery costs.
Between 2016 and 2022, 122 separate billion-dollar disasters killed at least 5,000 people in America, at a total cost of more than $1 trillion. Five of the last six years (2017-2022, with 2019 being the only exception) have each had a price tag of at least $100 billion in recovery costs.
In 2022;
- the annual rainfall across America totalled 28.35 inches – 1.59 inches under the average.
- Nebraska saw its fourth-driest year on record, while
- California had its ninth driest, but
- above-average rain caused Alaska to have its fourth-wettest year on record, resulting in major farmland damages.
Climate change is showing no signs of slowing–especially if revolutionary environmental laws aren’t in place.
Final Thoughts
It should be clear by now that these policies are more important than ever before. As the planet faces unprecedented environmental challenges, from climate change and biodiversity loss, we need strong policies to protect us.
But policies alone are not enough. We all have a role to play in creating a more sustainable future. We can reduce our carbon footprint, support renewable energy, and advocate strong environmental policies. By working together, we can create a brighter future for generations to come.
So, let us take the key components from:
- The Clean Air Act
- The Clean Water Act
- The Endangered Species Act
- The National Environmental Policy Act
- The Paris Agreement, and
- Other important policies
and turn them into action.
Let us stand up for the environment and demand policies that prioritise the health of our planet.
In the end, it’s up to all of us to make a difference. Let’s work together to create a more sustainable future, one policy at a time.
FAQs
Q1: What is the Clean Air Act?
The Clean Air Act is a federal law that regulates air pollution in the United States. It sets limits on the number of pollutants that can be emitted by industries and vehicles, and it funds research and development of clean air technologies.
Q2: What is the Paris Agreement?
The Paris Agreement is an international treaty which aims at combating climate change. 196 countries signed it, including the United States. And its goal is to limit global warming to less than 2 degrees Celsius above pre-industrial levels.
Q3: What are the key components of the Endangered Species Act?
The Endangered Species Act is a federal law that protects threatened and endangered species and their habitats. Its key components include listing species as endangered or threatened, designating critical habitats for those species, and providing protection against harm or harassment to those species.
Q4: What are the current challenges to environmental policies in the US?
There are several current challenges to environmental policies in the US, including a lack of political will to enact stronger policies, the influence of special interest groups, and the rollback of existing policies by the current administration.
Q5: How can individuals support strong environmental policies?
Individuals can support strong environmental policies by advocating policies that prioritise the environment, reducing their own carbon footprint through lifestyle changes, supporting renewable energy, and voting for candidates who prioritise the environment.