ENVIRONMENTAL LAW AND Training Resources
For Leaders of NGO's and the public who want to take action on environmental issues in their communities.
6 KEY Environmental Laws
Clean Air Act (CAA)
Clean Water Act (CWA)
Proposition 65
California Environmental Quality Act (CEQA)
California Environmental Quality Act (CEQA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
California Environmental Quality Act (CEQA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Resource Conservation and Recovery Act (RCRA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Clean Air ACT (CAA)
42 U.S.C. §7401 et seq. (1970)
Purpose: Protect and improve air quality nationwide by reducing pollution that harms health and the environment.
Scope:
- Applies to stationary (factories, power plants) and mobile sources (cars, trucks, planes)
- Covers major pollutants: ozone, particulate matter, carbon monoxide, sulfur dioxide, nitrogen oxides, lead
- States implement State Implementation Plans (SIPs) approved by the EPA to meet National Ambient.Air Quality Standards (NAAQS).
Enforcement:
- Primary authority: U.S. Environmental Protection Agency (EPA), related agencies California Air Resources Board (CARB), Air Quality Management District (AQMD)
- States, tribes, and local agencies enforce standards
- Citizens can file “citizen suits” against violators or agencies failing to act.
How Communities Can Use It:
- Monitor Local Air Quality: Access data through EPA or state networks.
- Engage with Agencies: Submit comments on permits, SIPs, or new rules.
- Report Violations: Notify EPA or local air agencies about illegal emissions.
- Citizen Enforcement: File lawsuits if government action is insufficient.
- Advocate for Stronger Protections: Push for cleaner transportation, industrial emission reductions, and protections in overburdened communities.
Useful Link:
CARB's Air Quality Training Program: Comprehensive sessions for regulators and stakeholders on emission control strategies, enforcement, and state implementation plans.
Clean WATER ACT (CWA)
33 U.S.C. §1251 et seq. (1972)
Purpose:
The Clean Water Act is a federal law aimed at protecting the nation’s surface waters, including rivers, lakes, streams, wetlands, and coastal areas. Its goal is to restore and maintain the chemical, physical, and biological integrity of U.S. waters, ensuring safe water for people, wildlife, and recreation.
Scope:
- Applies to point sources (direct discharges like industrial pipes or sewage treatment plants) and non-point sources (runoff from agriculture, urban areas).
- Covers discharges of pollutants into navigable waters.
- Establishes water quality standards and requires permits for pollutant discharges through the National Pollutant Discharge Elimination System (NPDES).
- Protects wetlands and regulates dredge-and-fill activities through permitting.
Enforcement:
- Primary authority: U.S. Environmental Protection Agency (EPA).
- States may have delegated authority to implement programs and enforce standards such as the California State Water Resources Control Board.
- Violations can result in civil or criminal penalties, fines, and mandatory corrective actions.
- Citizens can file “citizen suits” against polluters if government enforcement is lacking.
How Communities Can Use It:
- Monitor Water Quality: Access local and state water quality reports and monitoring data. e.g., via EPA's How's My Waterway tool).
- Engage in Public Comment: Participate in permitting processes, wetland approvals, and water quality standard updates.
- Report Violations: Notify EPA, state agencies, or local authorities about illegal discharges or pollution.
- Citizen Enforcement: Communities and environmental groups can file lawsuits when polluters violate the CWA and enforcement is insufficient.
- Advocate for Clean Water Projects: Push for restoration of rivers, wetlands, and stormwater improvements to protect local waterways.
Useful Link:
Training Resources:• EPA's Watershed Academy: Free self-paced online modules and webinars on CWA watershed protection, federal-state dynamics, and NGO-led restoration strategies. Includes leadership-focused content on compliance and funding for organizational missions.
PROPOSITION 65
The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986. C
Purpose: Protect Californians from chemicals known to cause cancer, birth defects, or reproductive harm. Requires warnings about significant exposures and prohibits harmful discharges into drinking water.
Scope:
- Covers over 900 listed chemicals identified by the State of California.
- Applies to businesses with 10+ employees that cause exposures in California.
- Requires “clear and reasonable” warnings on products, workplaces, and rental properties when chemical exposures exceed safe levels.
Enforcement:
- California Attorney General, district attorneys, and city attorneys (with the Office of Environmental Health Hazard Assessment (OEHHA) managing chemical listings and safe harbor guidelines).
- Private individuals or organizations may file lawsuits.
- Violations can incur civil penalties of up to $2,500 per day per violation.
How Communities Can Use It:
- Stay Informed: Check the updated Proposition 65 chemical list (via OEHHA's website).
- Spot Warnings: Look for labels on products, workplaces, and buildings.
- Report Violations: Notify the Attorney General or local prosecutors.
- Advocate for Change: Push companies to reformulate products or clean up pollution.
- Leverage Legal Action: Partner with NGOs or attorneys to enforce compliance.
Useful Link:
OEHHA's Proposition 65 Compliance Webinars and Guidance: High-level sessions and information letters on chemical listings, warning strategies, and enforcement risks for business and NGO leaders..
California Environmental QUALITY ACT (CEQA)
Cal. Pub. Res. Code §21000 et seq. (1970)
Purpose:
CEQA is a state law designed to protect California’s environment by requiring state and local agencies to analyze and disclose the environmental impacts of projects before they are approved. It ensures that communities are informed about potential effects on air, water, wildlife, land, traffic, and public health, andpromotes informed decision-making through mitigation measures to reduce harm.
Scope:
- Applies to public and private projects requiring discretionary approval by California state or local agencies.
- Covers impacts on air quality, water, wildlife, ecosystems, noise, traffic, and cultural resources.
- Requires an Initial Study to determine if an Environmental Impact Report (EIR) or Negative Declaration is needed for projects with significant environmental impacts.
- Agencies must consider alternatives and mitigation measures before approving a project.
Enforcement:
- Enforced primarily through litigation by affected individuals, community groups, or NGOs.(with statewide guidance from the Governor's Office of Planning and Research (OPR)).
- Courts can require additional environmental review, mitigation, or halt projects if CEQA procedures are not properly followed.
- Local agencies are responsible for ensuring compliance during project approval.
How Communities Can Use It:
- Stay Informed: Track proposed projects in your community and review their CEQA documents (EIRs, Mitigation Plans, Negative Declarations).
- Participate in Public Comment: Submit comments during public review periods to raise concerns about environmental impacts.
- Advocate for Mitigation: Suggest measures to reduce pollution, habitat loss, traffic impacts, or other harms.
- Take Legal Action: If a project violates CEQA, communities or organizations can file lawsuits to require compliance or additional study.
- Shape Local Planning: Use CEQA participation to influence sustainable, healthy, and safe development in your neighborhood.
Useful Link:
CEQA Getting Started Guide and Technical Advisories: Streamlined online resources and modules on CEQA reviews, mitigation strategies, and judicial challenges, framed for NGOs to enhance project support or opposition. Includes downloadable guides.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
7 U.S.C. §136 et seq. (1947)
FIFRA is a federal law that regulates the registration, distribution, sale, and use of pesticides in the United States to protect human health and the environment. Its goal is to ensure that pesticides are effective and used safely.
Scope:
- Applies to all commercial and consumer pesticides sold or distributed in the U.S. (excluding certain minimum-risk products).
- Requires registration with the U.S. Environmental Protection Agency (EPA) before pesticides can be sold or used.
- Mandates labeling requirements with safety instructions, proper usage, and restrictions.
- Covers insecticides, fungicides, rodenticides, herbicides, and other chemical pest control products.
Enforcement:
- Primary enforcement: U.S. Environmental Protection Agency (EPA).
- States may have additional regulations and enforcement authority for pesticide use.(e.g., applicator certification).
- Violations can result in fines, product seizures, or criminal penalties.
- Citizen enforcement is limited but communities can report violations to EPA or state regulatory agencies.
How Communities Can Use It:
- Check Pesticide Safety: Look at product labels and EPA registration to ensure safe use in schools, parks, and neighborhoods.
- Report Misuse: Notify EPA or state agencies if pesticides are being applied illegally or unsafely.
- Promote Alternatives: Encourage use of Integrated Pest Management (IPM) and less toxic pest control methods.
- Participate in Public Comment: Review EPA proposals on pesticide registration or re-registration and submit feedback.
- Protect Vulnerable Populations: Advocate for stricter controls around schools, daycare centers, and residential areas.
Useful Link:
EPA's Pesticide Program Dialogue Committee (PPDC) Meetings and Summits: Executive sessions and recordings on FIFRA registration trends, risk assessments, and NGO roles in safer pesticide advocacy. Includes policy updates for shaping regulatory comments.
Resource Conservation and Recovery Act (RCRA)
42 U.S.C. §6901 et seq. (1976)
Purpose:
RCRA is a federal law designed to manage hazardous and non-hazardous solid waste in order to protect human health, conserve natural resources, and prevent environmental contamination. It establishes a framework for proper waste handling, treatment, storage, and disposal.
Scope:
- Governs hazardous waste from “cradle to grave” (generation, transportation, treatment, storage, disposal).
- Applies to industrial, commercial, and municipal waste, including toxic chemicals, contaminated soil, and certain household hazardous wastes.
- Promotes waste minimization, recycling, and safe disposal.
- Establishes standards for landfills, waste treatment facilities, and underground storage tanks.
Enforcement:
- Primary authority: U.S. Environmental Protection Agency (EPA).
- States may have authorized RCRA programs that enforce stricter standards.
- Violations can result in civil or criminal penalties, cleanup orders, or facility shutdowns.
- Citizens can report violations and may participate in legal actions when enforcement is insufficient.
How Communities Can Use It:
- Monitor Local Waste Management: Stay informed about hazardous waste facilities, landfills, and cleanup sites in your area.
- Report Improper Disposal: Notify EPA or state agencies about illegal dumping, spills, or unsafe waste storage.
- Promote Recycling & Reduction: Advocate for community recycling programs and safer alternatives to hazardous materials.
- Engage in Public Comment: Participate in permitting processes for waste treatment, storage, and disposal facilities.
- Enforce Environmental Protections: Partner with environmental organizations to ensure compliance and hold violators accountable.
Useful Link:
EPA's RCRA Training Modules: Focused online modules on waste management strategies, including NGO perspectives on hazardous waste oversight and zero-waste advocacy. 90-minute formats with policy takeaways available.