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Environmental Law Basics

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Migratory Bird Treaty Act (MBTA)

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Purpose: To protect migratory birds. Key Points: Implements various treaties for the protection of migratory birds, prohibits the taking, killing, or possessing of migratory birds without a permit, and regulates hunting seasons for certain species.

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Toxic Substances Control Act (TSCA)

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Purpose: To regulate new and existing chemicals. Key Points: Requires reporting, record-keeping and restrictions relating to chemical substances and/or mixtures, gives EPA authority to require testing of chemicals, and controls the distribution and use of potentially dangerous chemicals.

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Coastal Zone Management Act (CZMA)

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Purpose: To preserve, protect, develop, and, where possible, restore or enhance valuable natural coastal resources. Key Points: Provides a framework for states to develop coastal zone management plans, includes a national coastal zone management program, and encourages the wise use of coastal resources.

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Endangered Species Act (ESA)

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Purpose: To protect species at risk of extinction and their habitats. Key Points: Lists species as endangered or threatened, creates a program for their conservation, and forbids the 'take' (harm, harass, kill) of listed species.

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Oil Pollution Act (OPA)

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Purpose: To prevent oil spills and ensure oil spill response and cleanup. Key Points: Addresses prevention, response, and liability for oil pollution incidents, requires oil pollution contingency plans, and institutes a trust fund financed by a tax on oil to provide cleanup funds.

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Safe Drinking Water Act (SDWA)

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Purpose: To ensure the quality of Americans' drinking water. Key Points: Sets standards for drinking water quality, oversees the states, localities, and water suppliers who implement these standards, and regulates the use of underground injection control to protect underground sources of drinking water.

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Noise Control Act

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Purpose: To promote an environment for all Americans free from noise that jeopardizes health and welfare. Key Points: Establishes a coordination of research in the area of noise control, delegates the issue of noise abatement to EPA, and gives EPA the power to set noise emission standards for products distributed in commerce.

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Federal Land Policy and Management Act (FLPMA)

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Purpose: To govern the way the public lands administered by the Bureau of Land Management are managed. Key Points: Establishes public land policy, provides guidelines for land use planning, and directs management actions towards the sustainable use of public land resources.

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Resource Conservation and Recovery Act (RCRA)

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Purpose: To manage hazardous wastes from cradle to grave. Key Points: Provides a framework for the proper management of hazardous and non-hazardous solid wastes, establishes a system for managing hazardous waste facilities, and sets forth a structure for the control of hazardous waste disposal.

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Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

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Purpose: To regulate pesticide distribution, sale, and use. Key Points: Requires registration of pesticides with the EPA, creates labeling and packaging requirements, and governs the use and disposal of pesticides.

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National Environmental Policy Act (NEPA)

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Purpose: To promote the enhancement of the environment. Key Points: Requires federal agencies to assess the environmental effects of their proposed actions through the preparation of Environmental Impact Statements (EIS), encourages productive harmony between man and environment, and mandates that agencies consider alternative actions.

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Clean Water Act (CWA)

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Purpose: To restore and maintain the integrity of the nation's waters. Key Points: Sets framework for regulating discharges into waters, establishes water quality standards, and regulates pollution sources including point sources through the National Pollutant Discharge Elimination System (NPDES).

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Federal Food, Drug, and Cosmetic Act (FFDCA)

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Purpose: To ensure safety of food, drugs, and cosmetics. Key Points: Authorizes EPA to set pesticide tolerance levels in food, ensures that ingredients and manufacturing processes are safe, and gives authority to regulate labeling and safety of cosmetics.

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Occupational Safety and Health Act (OSHA)

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Purpose: To ensure worker safety and health in the workplace. Key Points: Sets and enforces standards for workplace health and safety, requires employers to keep the workplace free of hazards, and includes provisions for workplace exposure to toxic chemicals.

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Marine Protection, Research, and Sanctuaries Act (MPRSA)

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Purpose: To regulate ocean dumping and marine sanctuaries. Key Points: Prohibits the unpermitted transportation and dumping of materials into the ocean, creates a permit system for ocean dumping, and authorizes the designation of marine sanctuaries.

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

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Purpose: To facilitate the cleanup of hazardous waste sites and respond to environmental emergencies. Key Points: Establishes a trust fund for cleanup (Superfund), creates a process for identifying potential responsible parties, and implements reporting requirements for hazardous releases.

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Energy Policy Act (EPAct)

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Purpose: To address energy production in the United States. Key Points: Provides incentives for a variety of energy sources, promotes renewable energy and energy efficiency, and addresses the reduction of greenhouse gas emissions.

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Clean Air Act (CAA)

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Purpose: To control air pollution by setting limits on emissions. Key Points: Establishes National Ambient Air Quality Standards (NAAQS), regulates emissions of hazardous air pollutants, and includes provisions for state implementation plans (SIPs).

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Wilderness Act

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Purpose: To establish a legal definition of wilderness and protect federal wilderness areas. Key Points: Created the National Wilderness Preservation System, forbids commercial activities and permanent roads in designated wilderness areas, and restricts mechanical forms of transportation.

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Antiquities Act

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Purpose: To protect and preserve American national monuments. Key Points: Allows the President to create national monuments from federal lands, provides protection of historic landmarks and structures, and prehistoric structures, and restricts the use of national monuments for the extraction of resources.

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