Clean Air Act (CAA)
The Clean Air Act establishes nationwide health-based emission standards for a variety of sources. Both non-toxic air pollutants and hazardous air pollutants (HAPs) are regulated through this federal law. The Act includes a permit scheme known as Title V pertaining to major stationary sources of pollution.

Related Links:
Title V: http://www.epa.gov/region07/programs/artd/air/title5/title5hp.htm
Hazardous Air Pollutants: http://www.epa.gov/ttn/oarpg/t3main.html
About the CAA: http://www.epa.gov/region5/defs/html/caa.htm

NELC Examples:
* U.S. PIRG, St. John Citizens for Environmental Justice, Chris Jouty and Terry Jouty v Bayou Steel Corporation, 1999

Clean Water Act (CWA)
The Clean Water Act (CWA) uses a variety of tools to regulate contaminated runoff, finance municipal wastewater treatment facilities, and limit direct point source pollutant discharge into waterways. It established a nationwide permit scheme known as the National Pollutant Discharge Elimination System (NPDES). This program regulates water pollution by setting effluent limits for active point sources that release waste into U.S. waters.

Related Links:
National Pollutant Discharge Elimination System: http://cfpub.epa.gov/npdes/index.cfm
About the CWA: http://www.epa.gov/region5/water/cwa.htm

NELC Examples:
* Oregon Public Interest Research Group v The Pacific Seafood Group, 2002
* United States Public Interest Research Group et al. v Atlantic Salmon of Maine, LLC and Stolt Sea Farm Inc., 2003

Resource Conservation and Recovery Act (RCRA)
The Resource Conservation and Recovery Act regulates the disposal of hazardous and non-hazardous waste. It forbids disposal activities that cause an “imminent and substantial endangerment” to public health or the environment. RCRA requires a permit for facilities that generate, store, transport, or treat hazardous waste.

Related Links:
About the RCRA: http://www.epa.gov/region5/defs/html/rcra.htm

NELC Examples:
* Washington Public Interest Research Group & Washington Toxics Coalition v The Oeser Co., 2002

Endangered Species Act (ESA)
The Endangered Species Act regulates activities that might harm species listed as endangered or threatened. The act requires federal agencies to consult with the Fish and Wildlife Services or National Marine Fisheries Services before carrying out actions that may harm these species or destroy their habitats. The law forbids any deed where the consequence is the “taking” of a listed species; the majority of NELC’s litigation involving ESA concerns these “take” violations.

Related Links:
About the ESA: http://www.epa.gov/region5/defs/html/esa.htm
Endangered and Threatened Species http://endangered.fws.gov/wildlife.html#Species
National Marine Fisheries Service: http://www.nmfs.noaa.gov/
U.S. Fish & Wildlife Service: http://www.fws.gov/endangered/whatwedo.html

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
This act set up a nationwide registration and labeling scheme for pesticides and herbicides used in the air, water, or on land. There are very narrow restrictions on actual pesticide use, and the act does not include a provision for citizen suits. As a result, NELC does not sue under this statute, though defendants occasionally claim that compliance with FIFRA excuses noncompliance with other statutes like the Clean Water Act. NELC disagrees with this contention.

Related Links:
About FIFRA: http://www.epa.gov/region5/defs/html/fifra.htm

Freedom of Information Act (FOIA)
The Freedom of Information Act requires the federal government to make unclassified public documents available on request. NELC frequently makes FOIA requests to obtain information that is pertinent to a case.

Related Links:
About FOIA: http://www.epa.gov/region5/defs/html/foia.htm

National Environmental Policy Act (NEPA)
NEPA is a planning statute requiring the Federal government to take evaluative steps before taking major action that might affect the environment (e.g. airports, military complexes, and highways). This act doesn’t dictate the outcome of the evaluation, but it demands the consideration of environmental impact and less disruptive alternatives. Environmental Assessments (EAs) and Environmental Impact Statements (EISs) are required from all Federal agencies.

Related Links:
About NEPA: http://www.epa.gov/region5/defs/html/nepa.htm

Comprehensive Environmental Response, Compensation, and Liability Act – Superfund (CERCLA)
CERCLA establishes a federally funded plan, termed “Superfund,” for the cleanup of uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and emergency releases of pollutants. CERCLA is strict in assigning liability; typically, all previous owners of a contaminated property are accountable for waste found there.

Related Links:
About CERCLA: http://www.epa.gov/region5/defs/html/cercla.htm

Superfund Amendments and Reauthorization Act (SARA)
The Superfund Amendments and Reauthorization Act of 1986 reauthorized CERCLA to continue cleanup activities around the country. Several site-specific amendments, definition clarifications, and technical requirements were added to the legislation, including additional enforcement authorities.

Related Links:
About SARA: http://www.epa.gov/region5/defs/html/sara.htm

Emergency Planning and Community Right to Know Act (EPCRA)
EPCRA requires major facilities to report their toxic discharges to air, water, and land on an annual basis. These reports are compiled in the Toxic Release Inventory (TRI) database. See “Toxic Release Inventory Program” http://www.epa.gov/tri/

Related Links:
About EPCRA: http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/epcraOverview.htm

Occupational Safety and Health Act (OSHA)
OSHA regulates safety in the workplace, including harm from exposure to toxics.

Related Links:
About OSHA: http://www.osha.gov/

Safe Drinking Water Act (SWDA)
SWDA establishes federal standards for the purity of drinking water.

Related Links:
About SWDA: http://www.epa.gov/region5/defs/html/sdwa.htm

Toxics Substances Control Act (TSCA)
TSCA requires the registration of all toxic chemicals, with the exception of pesticides, which fall under FIFRA.

Related Links:
About TSCA: http://www.epa.gov/region5/defs/html/tsca.htm

Surface Mining Control and Reclamation Act (SMCRA)
SMCRA regulates pollution from strip mines.

Related Links:
About SMCRA: http://www.osmre.gov/smcra.htm