The National Environmental Policy Act (NEPA), codified at 42 U.S.C. §§ 4321-4370, "is the basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy." NEPA is the first major federal environmental law enacted in the United States.
The Clean Air Act (CAA) (42 U.S.C. §§ 7401 et seq.) regulates air emissions from area, stationary, and mobile sources. It authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and the environment.
The 1972 amendments to the Federal Water Pollution Control Act of 1948 established the basic structure for regulating discharges of pollutants into waters of the United States. The 1977 amendments changed the statute's official name to the “Clean Water Act,” (Clean Water Act of 1977, Pub. L. No. 95-217, § 2, 91 Stat. 1566).
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. §§ 9601 et. seq.) (1980). CERCLA was originally enacted in 1980 to address the threats to human health and the environment from abandoned hazardous waste disposal sites. CERCLA is commonly known as "Superfund" because it established the Hazardous Substance Superfund for response action and provides for federal and state sharing of response costs. CERCLA was substantially modified by the Superfund Amendments and Reauthorization Act of 1986 (SARA).
SARA, codified at 42 U.S.C. §§ 9601-9657, significantly amended CERCLA. SARA emphasized the importance of finding permanent remedies for cleaning up hazardous waste sites, increased State involvement in Superfund activities, focused on human health problems associated with hazardous waste, and encouraged citizen participation in hazardous waste cleanup decisions.
RCRA, codified at 42 U.S.C. §§6901-6987, governs hazardous substances and toxic waste. Pursuant to RCRA, the EPA promulgates standards that apply to generators and transporters of hazardous waste and owners and operators of facilities which treat, store and dispose of such waste. RCRA was significantly amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA).
The Toxic Substances Control Act (TSCA), codified in15 U.S.C. §§ 2601-2603, provides the EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. Under the TSCA, the EPA tracks approximately 85,000 industrial chemicals currently produced or imported into the United States. Tracked chemicals are listed on the TSCA Chemical Substance Inventory.
The Marine Protection, Research, and Sanctuaries Act, codified at 33 U.S.C.A. § 1401-1445, also known as the Ocean Dumping Act, prohibits the dumping of material into the ocean that would unreasonably degrade or endanger human health or the marine environment.
The U.S. Environmental Protection Agency's Environmental Appeals Board is the final decision maker on administrative appeals under all major environmental statutes that EPA administers. The Board’s caseload consists primarily of appeals from permit decisions and administrative civil penalty decisions, as well as petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The Board’s four Environmental Appeals Judges sit in panels of three and make decisions by majority vote.
Published Decisions lists EAB decisions that have been, or are slated to be, published in the bound volumes of Environmental Appeals Decisions ("E.A.D."); Unpublished Final Orders lists EAB final decisions that will not be published in the bound E.A.D. volumes; Significant Interlocutory Decisions lists selected unpublished decisions of the Environmental Appeals Board.
The Office of Administrative Law Judges (OALJ) is an independent office in EPA's Office of Administration and Resources Management. The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations that are, or are alleged to be, regulated under environmental laws. Decisions issued by the Administrative Law Judges are subject to review by the Environmental Appeals Board (EAB).
The Office of Hearings and Appeals (OHA) is the quasi-judicial arm of the Department of Energy that conducts hearings and issues initial Departmental decisions with respect to any adjudicative proceedings which the Secretary may delegate, except those within the jurisdiction of the Federal Energy Regulatory Commission (FERC).
The Office of Hearings and Appeals (OHA) exercises the delegated authority of the Secretary of the Interior to conduct hearings and decide appeals from decisions of the bureaus and offices of the Department of the Interior.
Regulatory Insight offers federal administrative law (regulatory) histories for individual federal statutes and Executive Orders. The regulatory histories consist of pertinent Federal Register documents (notices, proposed rules, final rules and presidential documents) in PDF & HTML formats. The scope of coverage is evolving (consult the product libguide at: http://proquest.libguides.com/reginsight/about for current coverage). The Advanced Search option allows users to limit and filter searches in various ways. The Search by Number option allows users to search by various citations including: Federal Register, CFR, Public Law, Statutes at Large, U.S. Code, RIN and Agency Docket numbers and citations. Consult the ProQuest Regulatory Insight LibGuide http://proquest.libguides.com/reginsight for more information.