Environmental Law 

2.     The Clean Water Act (CWA)

a.      Summary of the CWA found here.

b.     The CWA sets up rules for controlling the release of pollutants into U.S. waters and for setting water quality standards. The EPA, under the CWA, has set up programs to control pollution, like setting rules for wastewater from industries. The CWA makes it illegal to release any pollutant into navigable waters, certain wetlands, and streams that flow into these waters, unless you have a permit.

c.      Fines can be imposed for CWA violations, but monetary damages are not available. Violations of the CWA can result in a court order requiring:

  i. Stopping discharges.

  ii. Remediation of contaminated sediments resulting from permit violations.

  iii. Removal of illegally discharged dredged or fill material and remediation of affected wetlands.

3.     The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as “Superfund”)

a.      Summary of CERCLA found here.

b.     CERCLA, also known as "Superfund," is a federal program that helps clean up places where hazardous waste has been left uncontrolled or abandoned, as well as places where accidents, spills, or other emergencies have released pollutants into the environment. Through CERCLA, the EPA can find the people responsible for these releases and make sure they help with the cleanup.

c.     The EPA cleans up properties without financially viable responsible parties, when the potentially responsible parties cannot be found, or when they fail to act. The EPA also directs private parties to undertake site remediation via orders, consent decrees, and other small party settlements. The EPA recovers costs from financially viable individuals and companies once a response action has been completed.

d.     Actions under CERCLA can be brought as follows:

     i. Individuals who suffer harms can bring actions against a polluter, owner, or occupier pursuant to "citizen suit" provisions of many federal and state environmental statutes.

     ii. Responsible parties can seek contribution from other potentially responsible parties under CERCLA.

e.      Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies.

     i. SARA Title II is a federal act that is implemented in Michigan under an executive order from the Governor. Executive Order 2007-18 created the Michigan Citizen-Community Emergency Response Coordinating Council as an advisory body within the Michigan Department of State Police (MSP). This council is responsible for developing and implementing citizen volunteer emergency response plans and hazard mitigation plans, and it acts as the State Emergency Response Commission (SERC) as required by SARA Title III. The MSP Emergency Management and Homeland Security Division (EMHSD) oversees the emergency planning requirements in SARA Title III. The Michigan SARA Title III Program in the Department of Environment, Great Lakes, and Energy (EGLE) handles the reporting requirements in SARA Title III and receives all reports on behalf of the SERC.

      ii. SARA Title III allows citizens to initiate civil actions against the U.S. EPA, SERCs, and the owner or operator of a facility for failure to meet the SARA Title III requirements.

4.     The Endangered Species Act (ESA)

a.      Summary of the ESA found here.

b.     The ESA is a program that helps protect plants and animals that are threatened or endangered, and their habitats. The U.S. Fish and Wildlife Service (FWS) is the main federal agency that carries out the ESA.

c.      The law says that federal agencies have to make sure that their actions don't put any listed species at risk or destroy or harm their critical habitats. The law also makes it illegal to do anything that results in a "taking" of any listed species of endangered fish or wildlife. Also, it's generally illegal to import, export, or trade listed species across state or national borders.

5.     Environmental Justice (EJ)

a.      More information on EJ can be found here.

b.     "Environmental justice" means that everyone, no matter their income, race, color, where they come from, Tribal affiliation, or disability, should be treated fairly. They should have a say in decisions made by agencies and other Federal activities that affect their health and the environment. This is to ensure that people:

      i. are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and

   ii. have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices

c.      EPA’s EJ mandate extends to all of the Agency’s work, including:

    i. setting standards

    ii. permitting facilities

    iii. awarding grants

    iv. issuing licenses

    v. regulations

    vi. reviewing proposed actions by the federal agencies

d.     Information on EJ grants, funding, and technical assistance can be found here.

6.     Toxic Torts Litigation

a.      A "toxic tort suit" usually means a lawsuit where someone got hurt, often physically, because they were exposed to a harmful substance. These lawsuits can cover many different cases where people were exposed to harmful substances, including those that were released into the environment.

b.     Remember: toxic tort suits are different from "environmental suits." Environmental suits are lawsuits that say someone's interests were hurt because the environment was harmed or an environmental law was broken.

c.      In addition to personal injury / exposure toxic tort claims, individuals can bring tort claims (e.g., nuisance, negligence, trespass, etc.) for property damage caused by contamination, seeking damages or injunctive relief.

May be relevant

1.     The Safe Drinking Water Act (SDWA)

a.      Information on the SDWA can be found here.

b.     The SDWA was made to protect the quality of drinking water in the U.S. This law focuses on all water that is or could be used for drinking, whether it comes from above the ground or below it.

c.      The Act gives the EPA the power to set minimum standards to protect tap water. It requires all people who own or operate public water systems to follow these standards. The Act also lets the EPA set minimum standards for state programs to protect sources of drinking water underground from harm caused by injecting fluids underground.

d.     The SDWA prohibits:

      i. Tampering with public water systems

      ii. Violating standards of finished drinking water

      iii. Underground injections without, or in violation of the terms of, an underground injection control permit

2.     The Energy Policy Act (EPA)

a.      Text of the EPA found here.

b.     The EPA deals with how energy is produced in the United States. This includes things like: (1) how efficiently energy is used; (2) energy that comes from renewable sources; (3) oil and gas; (4) coal; (5) energy from Tribal lands; (6) nuclear energy and safety; (7) vehicles and fuels, including ethanol; (8) hydrogen; (9) electricity; (10) tax breaks for energy; (11) hydropower and geothermal energy; and (12) technology for dealing with climate change.

c.      EPA Title V: Indian Energy

     i. Made it a preference to use energy from Tribal lands, giving federal agencies ways to support the development and use of energy from these lands. The ways include giving money to tribes to help them develop their energy resources and allowing agencies to prefer to buy energy from sources that are mostly owned by tribes when they buy energy for the federal government. But they can only do this if they don't pay more than the usual market prices and they don't get less than the usual market rate terms and conditions. More information can be found here.

3.     The National Environmental Policy Act (NEPA)

a.      NEPA website found here.

b.     The NEPA sets up the big national plan for protecting the environment in our country. When NEPA was passed, the EPA was created. The main idea of NEPA is to make sure that all parts of the government think about the environment before they do anything big that could really change the environment. NEPA rules come into play when things like airports, buildings, military complexes, highways, buying land for parks, and other federal activities are proposed. 

4.     The Noise Control Act of 1972

a.      Summary of the Noise Control Act can be found here.

b.     The Noise Control Act establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. The Act also serves to:

  i. Set up a system to coordinate Federal research and activities related to controlling noise

  ii. Allow the creation of Federal standards for the amount of noise commercial products can make

  iii. Give the public information about how much noise these products make and how they reduce noise.

5.     Toxic Substances Control Act (TSCA)

a. Official text found here.

b. TSCA provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.

c.      TSCA addresses the production, importation, use, and disposal of specific chemicals.

STATE LAWS

NOTE: Michigan Guide to Environmental Regulations can be found here.

1.     Part 55 (Air Pollution Control) of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994

a.      Full set of rules found here. Further information found here.

b.     Part 55 is the state law that regulates sources of air contaminants in Michigan. The Air Quality Division (AQD) of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) is responsible for developing and implementing state air quality rules and enforcing compliance with state federal air quality requirements.

2.     Part 303 (Wetlands Protection) of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994

a.      Part 303 is meant to protect the benefits that wetlands offer, like controlling floods and storms, providing a home for wildlife, cleaning underground water sources, treating pollution, preventing erosion, recycling nutrients, and offering economic and educational services.

b.     The following activities are prohibited in wetlands unless a Part 303 permit has been obtained from EGLE:

    i. Deposit or permit the placing of fill material in a wetland

    ii. Dredge, remove, or permit the removal of soil or minerals from a wetland

    iii. Construct, operate, or maintain any use or development in a wetland

    iv. Drain surface water from a wetland.

3.     The Michigan Safe Drinking Water Act, Public Act 399 (Act 399)

a.      Full text can be found here.

b.     Act 399 lets EGLE directly control the public drinking water program in Michigan.