In the last century, the Unites States government enacted a number of landmark pieces of legislation that have served to protect some of the nation’s most precious natural resources. These include the Migratory Bird Treaty Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, and the National Environmental Policy Act. All five acts came about as a result of growing awareness and alarm by the public over the decimation of wildlife and the environment that occurred as the result of a century of rapid economic expansion. Unfettered industrialization, urbanization, and population growth lead to unacceptable levels of pollution across the United States, which threatened the health of humans and wildlife alike.
We have witnessed many attacks of these act during the current Administration. Regulations have been substantially weakened resulting in increased loss of habitat and wildlife. We hopeful that future administrations will restore and improve upon these important regulations.
The following provides a short description of these five acts, with links to recommended websites for further reading.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act of 1918 (MBTA) is a United States federal law, first enacted in 1916 to implement the convention for the protection of migratory birds between the United States and Great Britain (acting on behalf of Canada). The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill, or sell birds listed therein as migratory birds. The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs, and nests. 1,026 species are currently on the list.
Some exceptions to the act, including the eagle feather law, are enacted in federal regulations, which regulate the taking, possession, and transportation of bald eagles, golden eagles, and their "parts, nests, and eggs" for "scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality." Enrolled members of federally recognized tribes may apply for an eagle permit for use in "bona fide tribal religious ceremonies."
The law is administered by the U.S. Fish and Wildlife Service which issues permits for otherwise prohibited activities under the act. These include permits for taxidermy, falconry, propagation, scientific and educational use, and depredation, an example of the last being the killing of geese near an airport, where they pose a danger to aircraft.
The MBTA was enacted in an era when many bird species were threatened by the commercial trade in birds and bird feathers. The Act was one of the first federal environmental laws. Since 1918, similar conventions between the United States and four other nations have been made and incorporated into the MBTA: Mexico (1936), Japan (1972) and the Soviet Union (1976, now its successor state Russia). Some of the conventions stipulate protections not only for the birds themselves, but also for habitats and environs necessary for the birds' survival. It was also ruled that the Act allowed for protections of birds resulting from incidental take associated with industrial activities, such as the Deep Water Horizon oil spill of 2010.
The Migratory Bird Treaty Act is one of our oldest and most successful conservation laws not only saving the lives of millions of birds but also saving species from extinction. In recent years the Act has been under pressure from the current White House administration, which has sought to weaken its powers of protection, especially in the context of industrial activity.
For more information on the MBTA see:
https://www.audubon.org/news/the-migratory-bird-treaty-act-explained
http://wildlife.org/wp-content/uploads/2014/11/Policy-Brief_MBTA_FINAL.pdf
https://en.wikipedia.org/wiki/Migratory_Bird_Treaty_Act_of_1918
Endangered Species Act
The Endangered Species Act (ESA) of 1973 was signed into law on December 28th 1973 by Richard Nixon. It replaced the Endangered Species Conservation Act of 1969 and is the principal US law protecting critically imperiled species. The act is administered by the US Department of Interior through the US Fish and Wildlife Service and the National Marine Fisheries Service.
The intent of the ESA is to protect species from extinction resulting from the “consequence of economic growth and development untampered by adequate concern and conservation” and to recover species to the point where the law’s protections are no longer necessary. It applies to all plants, animals, and invertebrates. The ESA provides for listing of species as endangered and threatened; prohibits unauthorized “taking”, possession, harm, harassment, sale, and transport of endangered species; provides authority to acquire land for habitat for listed species using land and water conservation funds; authorizes establishment of cooperative agreements and provides grants-in-aid to States for State endangered and threatened species programs; authorizes assessment of civil and criminal penalties for regulation or Act violations; and authorizes rewards for information leading to the arrest and conviction of those who violate the Act or associated regulations.
The ESA has had a 90% success rate in more than 100 species. It has been instrumental in saving the American Alligator, Bald and Golden Eagles, Peregrine Falcons, Brown Pelican, California Condor, and Whooping Crane, to name a few.
In recent years, the current White House administration has sought to weaken the protection of numerous species under this Act and has been working to have some protected species delisted.
For more information see:
https://www.fws.gov/endangered/laws-policies/
https://www.fws.gov/laws/lawsdigest/ESACT.HTML
https://www.biologicaldiversity.org/campaigns/esa_wild_success/
https://www.livescience.com/54707-endangered-species-act.html
https://en.wikipedia.org/wiki/Endangered_Species_Act_of_1973
Clean Water Act
The Clean Water Act (CWA), i.e., the Federal Water Pollution Control Act (FWPCA), signed into law in 1972, is the principal US federal law that governs water pollution. The initial FWPCA was authorized in 1948. The CWA of 1972 was enacted as a result of growing public awareness and activism concerning the pollution of groundwater and surface water from a century of rapid economic expansion that lead to unacceptable levels of water pollution across the US. The CWA of 1972 essentially rewrote the 1948 FWPCA. Since 1972, the CWA was amended by the CWA of 1977 and the Water Quality Act of 1987.
The primary objective of the CWA is to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters” while recognizing the States’ responsibilities for addressing pollution. The CWA allows for the provision of federal assistance to states for publicly owned treatment works (POTWs) (sewage treatment).
Additionally, the CWA provides federal authority for maintaining the integrity of wetlands. The CWA regulates pollutant discharges into waters, implements pollution control programs, sets water quality standards for contaminants in all surface water, makes it unlawful for any person to discharge pollutants from a point source into navigable waters unless permitted, funds construction of POTWs, and provides planning for nonpoint source pollutants (i.e., agricultural runoff, urban storm water discharge, etc.).
The CWA is primarily administered by the US Environmental Protection Agency (EPA). Section 404 of the CWA regulates the discharge of dredged or fill material into the waters of the US, including wetlands. The US Army Corps of Engineers is responsible for administering Section 404, including permitting, assessing jurisdictional responsibilities, developing policy and guidance, and enforcing Section 404 provisions.
Over the past 3 years, the current White House administration has been working to weaken the CWA and the environmental protections conferred by this act. Just recently, protections conferred to ephemeral bodies of water under the CWA were removed by this administration against the recommendation of the EPA Science Advisory Board, who stated that this change “decreases protection for our Nation’s waters and does not support the objective of restoring and maintaining ‘the chemical, physical, and biological integrity’ of these waters.”
For more information see:
https://www.law.cornell.edu/uscode/text/33/1251
https://uscode.house.gov/view.xhtml?req=(title:33%20section:1251%20edition:prelim)
https://www.epa.gov/laws-regulations/summary-clean-water-act
Clean Air Act
The Clean Air Act (CAA), was first signed into law in 1963 and has been amended several times since its inception. The CAA is one of the first and most important federal environmental laws. It established a federal program within the US Public Health Service authorizing research for monitoring and controlling air pollution and it was one of the first laws that encouraged public participation.
The CAA was amended in 1965 by the Motor Vehicle Air Pollution Control Act, which authorized the Federal Government to set automobile emission standards beginning in 1968.
The Air Quality Act of 1967 amended the CAA to enable the federal government to investigate interstate pollution transport and to expand air pollution studies.
The 1970 amendment expanded the federal mandate, requiring comprehensive federal and state regulations for both stationary (industrial) and mobile pollution sources.
On December 2, 1970 the Environmental Protection Agency (EPA) was established to administer and consolidate research performed as part of the CAA. Additionally, the EPA was authorized to monitor air quality and establish air quality standards, and to perform enforcement activities.
1990 amendments addressed acid rain, ozone depletion, and toxic air pollution and established a national permit program for stationary sources, and increased EPA enforcement authority. Additionally, gasoline reformulation requirements and vapor requirements were included in the 1990 amendment.
Like the Clean Water Act, National Environmental Policy Act, and the Migratory Bird Act, the CAA was the result of growing public awareness and activism concerning the unacceptable pollution of the national airshed from a century of unfettered industrialization, urbanization, and population growth across the United States.
The CAA is under attack by the current White House administration. From loosening automobile tail pipe emissions to weakening the regulations for the release of mercury, a neurotoxin, and other toxic metals from oil and coal-fired power plants.
It is no coincidence that the 1970 amendments to the CAA occurred at the time of the first Earth Day; congress was responding to the very real public concern about environmental pollution and public demand for environmental protection.
For more information see:
https://archive.epa.gov/epa/aboutepa/epa-history-clean-air-act-1970.html
https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act
https://www.epa.gov/clean-air-act-overview/clean-air-act-text
National Environmental Policy Act
The National Environmental Policy Act (NEPA), was signed into law by Richard Nixon on January 1, 1970. It is the United States’ “national charter for the protection of the environment”. It was enacted by Congress to establish a national policy for the environment.
NEPA is a direct result of increased public appreciation and concern for the environment that developed during the 1960s, amid increased industrialization, urban and suburban growth, and pollution across the United States. A congressional investigation found myriad instances of gross mismanagement of the country’s environment and resources, most notably “at the hands of the Federal Government”. As a result, lawmakers and the general public alike called for an urgent and sweeping policy of environmental protection.
The overall objective of NEPA is to assure that environmental factors are weighted equally when compared to other factors in the decision-making process associated with any major federal action that significantly affects the environment. The act also established a president’s Council on Environmental Quality to “ensure federal agencies meet NEPA obligations, oversee federal agency implementation of the environmental impact assessment process, and issue regulations and other guidance to federal agencies regarding NEPA compliance”.
NEPA is a process that most importantly includes public involvement in major federal actions that involve the environment from national highway construction to prescribed burns or logging in our national forests to establishment of national monuments. An example flow chart of the NEPA process is available here.
In recent years the current White House administration has been working to weaken NEPA and the environmental protections conferred by this Act.
For more information see:
https://www.epa.gov/nepa/what-national-environmental-policy-act#NEPA
https://ceq.doe.gov/docs/get-involved/Citizens_Guide_Dec07.pdf
https://en.wikipedia.org/wiki/National_Environmental_Policy_Act