APES 2011

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					                                          SAPES 2011

                                   Environmental Legislation

   1. CITES (Convention on International Trade in Endangered Species of Wild Fauna and

   Its aim is to ensure that international trade in specimens of wild animals and plants does not
   threaten their survival. It was drafted after an agreement in 1963 by IUCN. 80 countries
   went to D.C. in 1973 and it was put into force in 1975. The enforcers are the countries
   involved, who implement their own punishment. In America it’s the Department of Fish and
   Wildlife. Its goal is to help endangered species.

   2. CERCLA- Superfund Act (Comprehensive Environmental Response, Compensation and
      Liability Act of 1980. Year enacted: 1980.

What legislation aims to do: clean up sites that are contaminated with hazardous substances. The
EPA identifies the parties who made the mess, and makes them clean it up if they can’t find them
the EPA cleans it up with a special fund.

Who is responsible for overseeing legislation: EPA (Environmental Protection Agency)

Updates: 1994 Bill Clinton proposed a new Superfund reform bill, which was seen as
      improvement to existing legislation by some environmentalists and industry lobbyists.
      However, the effort was unable to gain bipartisan support.

   3. The Development of the Bureau of Land Management was first established in 1946.
      Often referred to as the BLM, this legislation aims to sustain the health, diversity, and
      productivity of the public lands for the use and enjoyment of present and future
      generations. After having trouble with the law on having the power to manage public
      land, the Federal Land Policy and Management Act of 1976 (FLPMA) allowed the BLM
      to manage public lands, but the lands would remain in public ownership. Today, the
      director of the BLM is Robbert Abbey. Marcilynn Burke (Policy) and Mike Pool
      (Operations) are the Deputy Directors.

4.      Lacey Act: Year: May 25th, 1900. Submitted by congressman John Lacey.
Addendums: 1969, 1981, 1988. Farm Bill (May 22, 2008) expands the Lacey Act to a
larger range of plant and plant products.
Summary: Concerned with the protection of game, wild birds, mollusks, crustaceans,
amphibians, reptiles, and indigenous plants, the act works to fight poachers killing them in one
state and selling them in another. The act also works to eliminate the practice of introducing non
native animals to different ecosystems. The mental state of the person committing the crime must
be “knowingly” to be prosecuted. There is a felony provision in the act, and the fine is $20,000
and/or 5 years imprisonment. Maximum civil fine is $10,000 and/or one year imprisonment. Big
game guides who provide illegal hunts can also be prosecuted, as well as individuals who falsify
documents pertaining to the import, export or transport or wildlife, fish, or plants. Participating
in a sale of an illegal species, or even having the knowledge of species being exported or
imported (at a value of $350 or more) are subject to a felony conviction.

Enforcers: Secretary, Secretary of Treasury, Secretary of Transportation.

   5. RCRA

       Acronym: RCRA (Resource Conservation and Recovery Act)
       Year: 1976
       Who is responsible: EPA
       What it aims to do: The RCRA gives EPA the authority to control hazardous waste from
       the "cradle-to-grave." This includes the generation, transportation, treatment, storage,
       and disposal of hazardous waste. RCRA also set forth a framework for the management
       of non-hazardous solid wastes.
       Updates/Amendments: The 1986 amendments to RCRA enabled the EPA to address
       environmental problems that could result from underground tanks storing petroleum and
       other hazardous substances. HSWA - the Federal Hazardous and Solid Waste
       Amendments - are the 1984 amendments to RCRA that focused on waste minimization
       and phasing out land disposal of hazardous waste as well as corrective action for releases.
       Some of the other updates on this law include increased enforcement authority for EPA,
       more stringent hazardous waste management standards, and a comprehensive
       underground storage tank program.


               Summary: The Healthy Forests Initiative (or HFI), officially the Healthy Forests
       Restoration Act of 2003, is a law originally proposed by President George W. Bush in
       response to the widespread forest fires during the summer of 2002. The main thrusts of
       the law are to thin overstocked stands, clear away vegetation and trees to create shaded
       fuel breaks, provide funding and guidance to reduce or eliminate hazardous fuels in
       National Forests, improve forest fire fighting, and research new methods to halt
       destructive insects. Much of the basis for the law revolves around the overcrowding of
       forests due to the suppression of low intensity fires, which vary in their natural role of
       thinning small trees and clearing vegetative debris. The resulting build up of ground fuels
       and trees weakened by overpopulation (resource competition and spread of disease) pose
       a serious threat in some stands that can no longer be addressed through prescribed
         burnings. Disagreement exists concerning the role of private logging companies in
         thinning stands and clearing fire-breaks. The HFI also requires that communities within
         the wild land urban interface create "community wildfire protection plans." Community
         wildfire protection plans designated areas adjacent to communities that should be thinned
         so that crown fires will not directly burn into communities.

         Alterations: In 2004, the Sierra Club challenged the HFI on an aspect that limited timber
         sales and prescribed a specific amount of forest burning. In 2007, this case, known now
         as Sierra Club v. Bosworth, this case was tried and found the Sierra Club’s suit “arbitrary
         and capricious.” Other than this failed attempt, the Healthy Forests Initiative has
         remained unchanged thus far.

         Governing body: The Healthy Forests Initiative is currently organized and run by the
         USDA Forest Service.

         Origins: The Healthy Forests Initiative was started by President Bush in 2003, as a result to
         widespread wildfires in the previous year.

7.       Oil Spill Prevention and Liability Act
     The Oil Pollution Act (OPA) was signed into law in 1990. This act aims to hold

responsible parties liable for damages and removal of the oil they discharged and

provides plans to prevent oil spills. The National Oil and Hazardous Substances Pollution

Contingency Plan (NCP) is responsible for over seeing this piece of legislature.

There are no ammends made to this law since signed.

8.       Acronym: RCRA (Resource Conservation and Recovery Act)

Year: 1976

Who is responsible: EPA (Environmental Protection Agency)

What it aims to do: This Act provides for comprehensive "cradle-to-grave" regulation of
hazardous waste (This includes the generation, transportation, treatment, storage, and disposal of
hazardous waste) and authorizes environmental agencies to order the cleanup of contaminated
sites. Since 1984, it has also called for the extensive regulation of underground storage tanks and
the cleanup of contamination caused by leaking tanks. In addition, the Act addresses the
environmental problems associated with nonhazardous solid waste and encourages states to
develop solid waste management programs, regulate solid waste landfills and eliminate open
dumps. Federal facilities are required to comply with federal, state and local regulations and
requirements on solid and hazardous waste and underground storage tanks to the same extent as
private parties. The Act contains provisions on a number of other topics, such as resource
recovery, used oil management and recycling, small town environmental planning and plastic
ring carriers. While most of the Act's provisions focus on the protection of human health, its
wide-ranging attempts to prevent, reduce and eliminate pollution have an obvious, if largely
unstated, effect on wildlife protection as well.

Updates/Amendments: The 1986 amendments to RCRA enabled the EPA to address
environmental problems that could result from underground tanks storing petroleum and other
hazardous substances. HSWA - the Federal Hazardous and Solid Waste Amendments - are the
1984 amendments to RCRA that focused on waste minimization and phasing out land disposal of
hazardous waste as well as corrective action for releases. Some of the other updates on this law
include increased enforcement authority for EPA, more stringent hazardous waste management
standards, and a comprehensive underground storage tank program.

9.        National Energy Conservation Act

Went into law in 1978.

Any year it changed: 1985 by the Energy Policy and Conservation Act Amendments

Governing body in charge: the Secretary of Energy

This Act has six different parts to it. Title ll deals with residential energy conservation.
According to this law, the secretary of energy is given the authority to establish procedures for
developing and implementing residential energy conservation policies by state utility regulatory
authorities. The secretary of energy is also authorized to implement a federal plan in the event of
inadequate state action. Title lll addresses energy conservation in public buildings, owned by the
local governments, such as schools and hospitals. The secretary of energy also can make grants
to states to conduct energy audits in this type of facilities. Title lV includes civil penalties for
violations of fuel economy standards, requires an Environmental Protection Agency report on the
accuracy of fuel economy estimates for new vehicles, and requires fuel efficiency for certain
vehicles. This specific title also gives the secretary of energy the authority to establish energy
efficiency standards for specific household appliances. Title V addresses federal energy
initiatives and it also amends the Energy Policy and Conservation Act. The Secretary of Energy
is directed to establish a program to demonstrate solar heating and cooling technology in federal
buildings. This title also states that the federal government has the responsibility of promoting
energy conservation.

     9.       The National Environmental Policy Act (NEPA) is a law that was set forth to foster
              and promote the general welfare, to create and maintain conditions under which man
              and nature can exist in productive harmony, and fulfill the social, economic, and other
              requirements of present and future generations of Americans. Signed into law by
              President Richard Nixon on January 1, 1970, NEPA is overseen by the congress on
               enviromental quality (CEQ). Manipulations upon NEPA include Public Law 94-52,
               Public Law 94-83, and Public Law 97-258(section 4B)

10. The Solid Waste Disposal Act of 1965

Became a law October 20, 1965
Amended in 1976 as Resource Conservation and Recovery Act of 1976
Amended in 1984 as Hazardous and Solid Waste Amendments of 1984 (HSWA)
Amended in 1992 as the Federal Facilities Compliance Act of 1992 (FFCA)

The law created a cradle to grave tracking system which mandates that hazardous wastes must be
kept in a stringent log. This way, they can make sure where hazardous waste comes in from and
ultimately ends up at. The law states, however, that non-hazardous wastes are exempt from this.
Also, when the law was amended provisions were made for the federal government to regulate
tanks that may or may not contain hazardous waste.

States carry out this law if the Environmental Protection Agency has approved the programs.

11. The Basel Convention was open for vote on March 22nd, 1989, but it was forced starting
May 5th, 1992. The legislation aims to reduce the movements of the hazardous waste between
nations. It is supposed to specifically prevent transfer of hazardous waste from more developed
countries to less developed countries. (LDC's)
The UWEP oversees the legislation. Lobbying for an amendment started in 1995, and it was
called the Basel Ban Amendment. It's not in force yet, but the Basel Ban Amendment prohibits
the export of hazardous waste from a list of developed countries to developing countries. The
Basel Ban applies to export for any reason. Including recycling.

      12.      The Hazardous Material Transportation Act (HMTA) was established in 1975.
               It's primary objective is to provide protection for people and property by improving
               the authority of the secretary of transportation. The environmental protection agency
               (EPA) is the organization in charge of this bill.There have been no recent changes to
               the Hazardous Material Transportation act.

13.         Marine Mammal Protection Act

The Marine Mammal Protection Act (MMPA) was enacted on October 21, 1972. The purpose of
the MMPA is to prohibit the taking and importing of marine mammals in the U.S. waters. The
reasoning for this purpose is because some marine mammals are in danger of depletion or
extinction. The organization responsible for overseeing the MMPA is the U.S. Fish and Wildlife
Service (FWS) in exception for the Animal and Plant Health Inspection Service which is
responsible to marine mammals n captivity. In 1994, the MMPA was updated to provide and
authorize the taking of marine mammals incidental to commercial fishing operations.
14.     Noise Control Act

Est. (1972)

Founded by: Environmental Protection Agency, directed by Congress

        The Noise Control Act of 1972 establishes a national policy to promote an environment

for all Americans free from noise that jeopardizes their health and welfare. The Act also serves

to establish a means for effective coordination of Federal research and activities in noise control;

authorize the establishment of Federal noise emission standards for products distributed in

commerce; and provide information to the public respecting the noise emission and noise

reduction characteristics of such products.

15. The Waste Reduction Act was first enacted in 1991. It was adopted by Texas Legislature to

prevent pollution in Texas. The TCEQ (Texas Commission on Environmental Quality) are

responsible for overseeing and initiating this legislation. It requires that certain facilities prepare

a 5 year pollution prevention plan, submit an executive summary of the plan, and report annually

on their activities to prevent pollution. This act is updated every 5 years.

16. Montreal Protocol . . .
        Following the uncovering of a hole within the ozone layer above the Antarctic in the late
of 1985, a solution was presented by the United Nations Environmental Program (UNEP)
addressing the discovery. The agreement was to be established to phase out the production and
consumption of chlorofluorocarbons (CFCs). These human-created chemicals, expansively used
in manufacturing, have been found to diminish the Earth’s ozone layer, granting way for harmful
solar radiation into the planet’s atmosphere. The protocol was agreed on September 16, 1987 and
officially set into effect January 1, 1989. Almost immediately after the protocol’s activation,
various countries were submitting reinforcing additions. Amendments and adjustments were
agreed to in London (1990), Copenhagen (1992), Vienna (1995), Montréal (1997), and Beijing
(1999). These modifications shortened the timeframe for phasing out production and
consumption of CFCs, added and funded the Montréal Protocol Fund, established the
Implementation Committee, developed noncompliance procedures, and expanded the
Technology and Economic Assessment Panels. These panels have addressed new issues as they
have arisen, such as recycling and international smuggling of CFCs.
17. Medical Waste Tracking Act of 1988

       Enacted in 1988 in New Jersey, New York, Connecticut, and Rhode Island, the Medical
Waste Tracking Act was a direct response to the massive amounts of medical waste that washed
up on east coast beaches in 1988.

        The then assistant commissioner of the New Jersey Department of Environmental
Protection saw this, mostly, medical waste as a intentional protest to the high cost of the legal
disposal of the waste (~$1500/ton). This amendment to the Solid Waste Act would only be in
place between June 24, 1989 and June 21, 1991, but it served both its primary and secondary

        The primary aim of the Medical Waste Tracking Act was to have a way to determine a
life cycle of medical wastes under strategic federal regulations. It was also a model for some
states and foreign governments to devise their own plan.

18. National Park Service Act

Passed in 1916, it established the National Park Service in the US. Stephen Maher was the first
Park Services The Park service is part of the US Department of interior and its purpose is to
preserve nature for future generations. The law was passed because of the lack of uniformity and
guide lines in the forming and managing US National Park. The national park service faced the
issue of preservation versus enjoyment an issue that came to the fore as tourism became
destructive to the parks through overcrowding and pollution. At first is began assuming
responsibility for 14 parks and 21 national monuments. Today the National Park Service
currently has under its administration 355 sites, totaling 80 millions acres in 49 states, including
50 national parks and 79 national monuments.

19. The Kyoto Protocal

Came into law: February 16th, 2005.

It is an agreement in which industrialized countries will reduce their collective emissions of
greenhouse gases by 5.2% compared to 1990. Goal Is to lower overall emissions from six
greenhouse gases: CO2, methane, nitrous oxide, sulfur, hexafluoride, HFCs and PFCs.

Overseer-the official body representing the government which takes part in the arrangement of
CDM/JI projects.
20. The Federal Environmental Pesticide Control Act (FEPCA) was enacted in 1972. The
law intended to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which
dealt with registering pesticides with U.S. Department of Agriculture. FEPCA although, also
enforces the penalty for use of unregistered pesticides. FEPCA also transferred the responsibility
of overseeing this issue to the Environmental Protection Agency. No new amendment has been
added to FEPCA

21.     The Development of the US National Park System

Who:           The National Park System

When: 1872- The first National park was set aside by congress. It was known as Yellowstone
National Park. But there wasn’t a true park system until August 25, 1916 when the National Park
Service was created to manage those areas then assigned to the US Department of the Interior.

What:          Natural and cultural resources preserved for the enjoyment and education of
               future generations. The National Park System encompasses 83.6 million acres, 4.3
               million of which is still in private ownership. The largest acreage is in Alaska and
               is 13.2 million acres, 16.3% of the entire system.

Who:           The National Park System is managed by the National Park Service.

Acts:          Yellowstone National Park Act, 1872- Preserves the Yellowstone watershed.

               National Park Service Organic Act, 1916- This created the National Park Service
               within the US Department of the Interior.

Acronym:       US NPS

22. Migratory Bird Treaty Act:

Migratory Bird Treaty Act of 1918, MBTA, was enacted in 1916, and provides protection
for birds who migrate between the United States and Canada. Over the years, similar
agreements were made between the United States and Mexico, Japan, and Russia
which were fused into the MBTA. The protection MBTA provides extends not only to
almost all species of birds, but also their nests and the eggs they lay. This allows the
migratory birds to be safe from anything humans are physically capable of doing and
is over seen by Environment Canada and the United State Fish and Wildlife Services.

23. The National Trails System Act or NTS was created and passed in October 2, 1968. The
act being passed created The National Trials System. The act was passed to create accessible
outdoors activities and promote the conservation of outdoor historic areas. The NTS started with
a base of four categories of national trails. The four categories are National Scenic Trails (NST),
National Historic Trails (NHT), National Recreation Trails (NRT), and Connecting or Side
Trails. The National Scenic Trails provide outdoor enjoyment of scenic and cultural trails. The
National Historic Trails follow paths of historic significance. The National Recreation Trails in
federal urban areas that are sometimes on private land. The Connecting or Side Trails provide
access to or with the other categories of trails. Since the act was passed there have been twenty
more trails added, and is still being updated when the legislation takes action.

24. The Clean Air Act was passed in 1963 by congress. The act requires the Environmental
Protection Agency (EPA) to develop and enforce regulations to protect citizens from hazardous
things in the air. It has since been amended several times, 1970, 1977, and 1990. The 1970
amendment established the National Ambient Air Quality Standards, State Implementation
Plans, New Source Performance Standards, and The National Emissions Standards for
Hazardous Air Pollutants.The 1977 amendment added the Prevention of Significant
Deterioration of air quality. The 1990 act added programs for the control of acid deposition and
stationary source operating permits. In 1997, the EPA tightened the regulations regarding
ground-level ozone (smog).

25. EPA (Energy Policy Act, not the environmental protection agency))

Est. (2005)

Founded by: Environmental Protection Agency

EPA Address energy production In the United States, including: energy efficiency; renewable

energy; oil and gas; coal; Tribal energy; nuclear matters and security; vehicles and motor fuels,

including ethanol; hydrogen; electricity; energy tax incentives; hydropower and geothermal

energy; and climate change technology. The act also effects biofuels that is sold in the United

states that is mixed with Gasoline.

26. Soil   and Water Conservation Act

Came to law in 1977

The lead body over this act is the Natural Resources Conservation Service

The secretary of Agriculture continually provides appraisal of U.S. soil and water, and develops

in cooperation with the public and with state and national organizations, a program to conserve

the United States' water and soil.
27.   Wild and Scenic River Act

Came to law in 1968

Changed twice, first in 1984 and second in 1986

The lead body over this act is the Outdoor Recreation Resources Review Commission

This act established a National Wild and Scenic Rivers System and created standards as to which

rivers may be added to the system, rivers in the system are classified as wild, scenic or

recreational with hunting and fishing permitted under applicable Federal and State laws. This act

gave the Secretary of the Interior and the Secretary of Agriculture the ability to study and send

proposals to the President and Crogress for additional rivers to be added to the system.

In 1984 public law 98-444 permitted installation and operation of facilities to control the lamprey

eel for protection of the Pere Marquette River's water quality and value.

In 1986 public law 99-663 established the Columbia River Gorge National Scenic Area and

created a commission to develop management plans for non-Federal lands within the area.

28. Safe Drinking Water Act

The Safe Drinking Water Act was first enforced in 1974. The reason this act was made into a law
is to help keep our country safe from bad water. It helps keeps our tap water clean so that it is
drinkable. The U.S Environmental Protection Agency is responsible for ensuring this act is taken
care of. Some changes have had to be made to the act to help improve it. Such as New and
stronger approaches to prevent contamination of water. Better consumer information including
“:right to know”. Regulatory improvements including better science, prioritization of effort, and
risk assessment. And the last change is Bette funding to states and communities through the
drinking water state refund.
29. The National Forest Management Act of 1976

        The National Forest Management Act of 1976 is the primary statute that governs the
management of national forests. This was amendment to the Forest and Rangeland Renewable
Resources Planning Act 1974 which called upon better management of renewable resources in
forests on national lands.

        This was the first formal detailed guidance forest plans, mainly for regulating and
controlling timbering. In 1976 its expansion of the Forest Service Trust Fund which now
required the Secretary of Agriculture to assess forest land and create and enforce a resource
management plan for that specified forest. This required alternative land for the socio economic
resource outputs so the towns would not lose income.

                                       NFMA Planning Process

        In 1982 the NFMA created planning regulations describing the process to integrate
interest were to take place. John Loomis outlines ten main steps of the planning procedure.

         The first step is to determine the issues, concerns, and opportunities (ICOs). After
identifying what is stated above one must create planning criteria through public policy, process,
and decisions. The third step is collect the information needed to confront these ICOs. One hast
to ensure the information meets criteria standards. One then will analyze the management
situation. A group will land in similar environments and basically test their ideas on managing
forest resources. The fifth step is to formulate a broad range of alternatives to the current
situation including one to take no action. One then will test the effects of each environmentally,
socially, and economically. You then evaluate which idea is a solution to the ICOs. The eight
step is to decide which alternative will be most beneficial and create a Record of Decision report.
Implement the plan by changing the uses of the forest until they are in conformity with said
alternative. The final step is to evaluate the plans progress and make adjustments where

30. Clean Water Act of 1977

The Clean Water Act is the governing act for water pollution control in the United States.
Expanded from a 1972 act known as the Federal Water Pollution Control Amendments, it was
amended in 1977 and 1987, and in 1987 was changed to Water Quality Act but is still mostly
known by its 1977 title.

The Clean Water Act protects all “navigable waters” which, in the 1977 document, was defined
as all waters in the United States and the territorial seas. The 1972 act included within it a point
system for pollution control in the form of permits. To get these permits one had to have a bidy
of water under the maximum amount of pollutants. The 1972 also required technology based
standards. This meant the company or agricultural facility had to use a “Best Available
Technology” to combat water pollution.

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