Environmental Taxes

In Legislation Environmental Taxes in the U.S. Code: Title 26, Subtitle D, Chapter 38 The current, permanent, in-force federal laws regulating environmental taxes are compiled in the United States Code under Title 26, Subtitle D, Chapter 38. It constitutes "prima facie" evidence of […]

Economic Regulation

Economic Regulation in the United States Introduction According to the Encyclopedia of the American Constitution, in the field of economic policy, the composite constitutional powers of American governments federal, state, and local are extremely broad. Granted that governments may not […]

Toxic Substances Control

Toxic Substances Control in the United States Toxic Substances Control Act (TSCA) Note: To update the Toxic Substances Control Act (see more details about the Act here), on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which updates […]

Endangered Species

Endangered Species in the United States Presidential Memoranda Presidential Memoranda regarding Proposed Revised Habitat for the Spotted Owl: Minimizing Regulatory Burdens (February 28, 2012): Today, compelled by court order, the Department of the Interior (Department) proposed critical […]

Wetland

Wetland in the United States Wetland in Environmental Law A locale distinguished by shallow water or saturated soil that supports aquatic plants, wildlife, and fish. Some wetlands contain saltwater; others are freshwater wetlands. Various names are used to describe them, and some indicate the […]

National Oceanic and Atmospheric Administration

National Oceanic and Atmospheric Administration (NOAA) in the United States National Oceanic and Atmospheric Administration in Environmental Law An agency within the Department of Commerce that has numerous environmental responsibilities. It is the primary federal agency involved with the […]

Tort

Tort in the United States Introduction A private or civil injury to a person or property. An injured party may bring suit, but tort actions do not represent a major portion of civil case filings. Rather, such claims are typically resolved prior to the filing of a lawsuit. The potential for […]

Standing

Standing in the United States The requirement that a real dispute exist between the prospective parties to a lawsuit. Standing must be established in order to proceed in either federal or state courts, although the requirements differ somewhat. The concept of standing has several important […]

Negligence

Negligence in United States Negligence Definition The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent imperfection by a responsible human agent in the […]

Enforcement

Enforcement in the United States Enforcement in Environmental Law Both federal and state governments can enforce the pretreatment regulations. However, the EPA generally holds the permittee (the publicly owned treatment works) responsible for violations of its permit, even if an industry […]

Pesticide

Pesticide in the United States Federal Food, Drug, and Cosmetic Act (FFDCA) The Federal Food, Drug, and Cosmetic Act, is one of two major federal pesticide statutes which the U.S. Environmental Protection Agency (EPA) is responsible for implementing. FFDCA limits pesticide residues on food […]