Through the post-World War II era the U.S. Congress, by an incremental process of experimentation and error, developed the knowledge and experience that led to the imposition of individual permits based on uniform technology-based effluent limitations to regulate industrial water pollution. The resulting permit system has gradually reduced the amount of industrial pollution that enters our national waterways.
Agricultural biotechnology has generated much debate about the environmental consequences of field trials and commercialization of transgenic crops. Thus far, the debate has focused on opponents' claims of alleged risks presented by transgenic crops and the proponents' responses to those asserted risks. To date, three issues have dominated the debate:
. the risk of gene flow;
. the risk of weediness; and
. the risk of insect-resistance.
In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.
Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster," wetlands may be used to grow crops provided they are not degraded by this practice. In the legislation, Congress has made an effort, by use of the "minimal effects" concept, to make precise just what farming practices are acceptable. If a farming practice has only a minimal effect on the wetland's function, then the farmer is not ineligible for participation in federal loan, commodity price and income support, and conservation programs.
The U.S. Supreme Court decision last term in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), striking down the migratory bird rule for wetlands regulation, warrants some reading of the Court's environmental tea leaves. Some fine commentary in these pages still leaves murky whether the opinion seriously imperils other environmental laws and regulations. Chief Justice William H. Rehnquist's SWANCC opinion for a five-Justice majority had worrisome implications that the new restrictive view of the U.S.
Keynote Presentation: Making the Partnership Work
Panel Discussion: Regulation of Nuclear Materials
Regulation of Air Quality
Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?
Regulating Solid and Hazardous Wastes
Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate, as it requires permitting authorities to review and incorporate nutrient management plans into their permits, but prevents EPA from requiring CAFOs to apply for permits based solely on their potential to discharge pollutants to U.S. waters.
In September 1991, 25 people died at the Imperial Food Products plant in Hamlet, North Carolina, when they were trapped in a factory fire. Witnesses to the fire said the employees could not escape because the building doors were locked, apparently to prevent pilferage. The North Carolina assistant labor commissioner subsequently stated that the locked doors constituted "serious violations" of the Occupational Safety and Health Act (OSH Act). The plant, however, had never been inspected for health or safety violations in its 11 years of operation.
New rules are emerging to change the way the government makes decisions about cleanup of hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). These changes have altered Superfund decisionmaking fundamentally and irrevocably, requiring the government to reach for new levels of accountability, rationality, and consistency. Central to the government's ability to meet this challenge is the way in which it makes and explains decisions about acceptable risks and required levels of cleanup.
Environmental regulation of pollution in the United States is often maligned as costly and ineffective. Pollution continues to plague and degrade the natural resources in the United States, and U.S. waters in particular. Nonpoint source pollution is currently the most significant source of water pollution, but it is also the most unregulated. While other discharges into U.S. waters have been dramatically reduced since the Federal Water Pollution Control Act (FWPCA) was enacted, nonpoint source pollution—caused most by runoff from agricultural operations—has increased.