Title: Environmental and Natural Resources Law

Author: Eric Pearson

Publication Year: 2017

Categories: Environmental Law

Summary

1. Introduction to Environmental and Natural Resources Law

Eric Pearson’s “Environmental and Natural Resources Law” provides a comprehensive examination of environmental legislation, regulatory regimens, and the various legal mechanisms used to manage and protect natural resources. The book emphasizes the intricate relationship between legal frameworks and environmental practices, shedding light on the evolution and enforcement of environmental laws in the United States.

Action Point: Educate yourself about the major federal environmental laws, such as the Clean Air Act and the Clean Water Act, their objectives, and enforcement mechanisms.

2. Historical Development of Environmental Law

Pearson traces the historical development of environmental law from common law principles to the establishment of federal statutes and international treaties. The book highlights key legislation, including the National Environmental Policy Act (NEPA) of 1969, which mandated environmental assessments for major federal actions.

Concrete Example: NEPA requires federal agencies to prepare detailed statements assessing the environmental impact of and alternatives to major federal actions significantly affecting the environment.

Action Point: If you are involved in a project that requires federal approval or funding, ensure compliance with NEPA by preparing an Environmental Impact Statement (EIS) or an Environmental Assessment (EA).

3. The Role of the Environmental Protection Agency (EPA)

The establishment of the EPA in 1970 marked a significant milestone in environmental governance. Pearson outlines the agency’s regulatory authority, emphasizing how it enforces laws like the Clean Air Act and the Clean Water Act to control pollution and protect public health.

Concrete Example: The EPA sets National Ambient Air Quality Standards (NAAQS) to protect against pollutants such as ozone and particulate matter.

Action Point: Businesses should regularly monitor and report emissions to ensure compliance with EPA standards, thereby avoiding penalties and contributing to cleaner air.

4. Pollution Control and Management

A significant portion of the book is dedicated to pollution control laws addressing air, water, and hazardous waste pollution. Pearson discusses the Clean Air Act’s provisions on controlling air pollutants and the Clean Water Act’s requirements for maintaining water quality standards.

Concrete Example: The Clean Water Act’s Section 404 requires a permit for discharging dredged or fill material into navigable waters, including wetlands, ensuring the protection of aquatic ecosystems.

Action Point: When planning construction or development activities near waterways, obtain the necessary Section 404 permit to comply with the Clean Water Act and protect aquatic habitats.

5. Climate Change Legislation

Pearson examines the legal responses to climate change, including international agreements like the Paris Agreement and domestic policies aimed at reducing greenhouse gas emissions. The book covers regulatory efforts and the role of state and local governments in combating climate change.

Concrete Example: The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort among several states to cap and reduce carbon dioxide emissions from the power sector through market-based mechanisms.

Action Point: Participate in or support local and state initiatives that aim to reduce carbon footprints, such as joining RGGI or implementing energy-saving practices in your business or community.

6. Natural Resources Management

The book delves into laws governing the use and conservation of natural resources, including public lands, wildlife, forests, and minerals. Pearson reviews statutes such as the Endangered Species Act (ESA) and the Wilderness Act, which are critical in preserving biodiversity and natural landscapes.

Concrete Example: The ESA prohibits actions that harm threatened and endangered species and their habitats, requiring federal agencies to consult with the U.S. Fish and Wildlife Service before approving projects that might impact such species.

Action Point: Ensure compliance with the ESA by conducting biological assessments and consulting with the appropriate agencies to avoid harming protected species during project planning and implementation.

7. Energy and Environmental Law

Pearson explores the intersection of energy policy and environmental law, addressing the legal frameworks governing renewable energy, fossil fuels, and nuclear power. The book highlights the challenges and opportunities in transitioning to sustainable energy sources.

Concrete Example: The Public Utility Regulatory Policies Act (PURPA) promotes the development of small-scale renewable energy projects by requiring utilities to purchase power from qualifying facilities.

Action Point: Invest in renewable energy projects and take advantage of programs like PURPA, which support the generation of clean energy and create economic opportunities.

8. Waste Management and Hazardous Substances

The handling, disposal, and remediation of hazardous substances are critical components of environmental law. Pearson examines legislation such as the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund.

Concrete Example: CERCLA establishes liability for parties responsible for the release of hazardous substances and provides for the cleanup of contaminated sites.

Action Point: Assess and manage hazardous waste properly by adhering to RCRA guidelines and take proactive measures to remediate contaminated sites to avoid CERCLA liability.

9. Water Rights and Water Law

Water law is a pivotal area of natural resources law, especially in arid regions where water scarcity is a critical issue. Pearson addresses doctrines such as riparian rights and prior appropriation, and the legal disputes often associated with water use and allocation.

Concrete Example: The prior appropriation doctrine, prevalent in the western United States, allocates water rights based on the principle of “first in time, first in right.”

Action Point: Understand and secure your water rights, particularly if you are engaged in agriculture or industry, by documenting historical use and adhering to state regulations governing water allocations.

10. Environmental Justice

Pearson emphasizes the importance of environmental justice, ensuring that all communities, particularly those historically marginalized, have equitable access to a clean and healthy environment. The book highlights legislative and policy developments aimed at addressing environmental justice issues.

Concrete Example: Executive Order 12898, issued in 1994, requires federal agencies to identify and address disproportionately high and adverse human health or environmental effects on minority and low-income populations.

Action Point: Advocate for and incorporate environmental justice principles into community planning and policy-making to ensure that disadvantaged communities are not disproportionately affected by environmental hazards.

Conclusion

“Environmental and Natural Resources Law” by Eric Pearson is a critical resource for understanding the dynamic and multifaceted field of environmental law. Through detailed discussions of key legislation, regulatory agencies, and legal principles, the book provides readers with the tools needed to navigate and influence environmental policy effectively. By following the examples and action points provided, individuals and organizations can contribute to the sustainable management and protection of our natural environment.