How We Work

The Laws We Use

 

Most of the cases Earthjustice pursues seek to enforce the major federal environmental protection laws. Here is a brief description of those laws, with links to the full texts.

National Environmental Policy Act (1970)
Requires preparation of an environmental impact statement whenever a proposed project deemed to have "a significant impact on the human environment" is either paid for or a permit is issued by the federal government. The EIS is supposed to give the ultimate decision-maker enough information--including a variety of alternatives by which the purpose of the project can be attained--to make a sound judgment. There is no requirement, however, that the least environmentally damaging alternative be chosen. [Read the law]

Clean Air Act (1970)
Identifies various classes of pollutants harmful to people and to the environment and sets rigid schedules by which the Environmental Protection Agency must issue regulations to bring various kinds of activities into compliance with its standards. The agency routinely misses the deadlines. Earthjustice and other organizations are constantly in court to force the agency to obey its own law. [Read the law]

Clean Water Act (1972)
The law’s goal is to make the nation’s waters safe for swimming, fishing, drinking, habitat, and other uses. It has made substantial progress, though much remains to be done. The act uses permits to limit the pollution of lakes, rivers, streams, and estuaries from "point sources" such as pulp mills, oil refineries, chemical manufacturers, and sewage plants. The law also regulates the discharge of "dredge" and "fill" material into wetlands, streams, and other waters. Unfortunately, the EPA, Army Corps of Engineers, and state agencies often do not enforce it adequately. Earthjustice lawyers have dozens of Clean Water Act cases underway at any given moment. [Read the law]

Endangered Species Act (1973)
Arguably the strongest of the environmental laws—and the most controversial. It prohibits the "taking" of species deemed to be in danger of going extinct without explicit permission.Taking in this instance means killing, harassing, or damaging habitat necessary for the survival and recovery of the species. It is meant to be enforced by the Fish and Wildlife Service (part of the Interior Department) and the National Marine Fisheries Service (in the Commerce Department), but political pressure from the timber industry, the industrial fishing industry, big beef, and many others has hamstrung the agency and forced private organizations to file hundreds of lawsuits to see that the law is enforced. It is always at the top of the list of the laws the anti-environmentalists would like to gut or repeal. [Read the law]

National Forest Management Act (1976)
Requires the Forest Service to write and execute plans to guide management of the national forests in a way that will not only provide lumber and pulp, but also protect wildlife and habitat, preserve recreational opportunities, and protect the streams that flow through and out of the forests. It took a fair amount of litigation to get the plans written and adopted at all, and more to get them improved and enforced. [Read the law]

 

Administrative Procedure Act (1946)
A sweeping and general statute that sets the ground rules that govern when a court will second-guess an agency like the Forest Service or Fish and Wildlife Service. In general, the courts will defer to an agency's professional expertise, but when attorneys can demonstrate that the agency is performing in ways that run counter to its guiding laws and regulations the court will sometimes step in. In the vernacular, the petitioners must prove that the agency action they don't like is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." [Read the law]

Coastal Zone Management Act (1972)
Limits development along the nation's coastlines with the goal of protecting estuaries and wetlands. Provides funding for state activities to protect coastal resources. [Read the law]

Safe Drinking Water Act (1974)
Protects the water humans drink, particularly groundwater. The law requires the Environmental Protection Agency to set maximum levels for health-threatening contaminants in drinking water supplied by public water systems. Authorizes EPA to protect underground sources from contamination caused by injection of wastes and other substances into underground wells. [Read the law]

Migratory Bird Treaty Act (1918)
Establishes special protections for migratory birds and has spurred the creation of many wildlife refuges for the birds that feed and rest in on their way north or south. The law grew out of a treaty signed by the United States and Canada in 1913, and regulates the hunting of and trade in migratory birds. [Read the law]

Resource Conservation and Recovery Act (1976)
Protects groundwater by regulating the handling and disposal of waste, especially hazardous waste. Creates a system of hazardous waste management from the point of generation to ultimate disposal. Establishes federal standards to be followed by generators and transporters of hazardous waste as well as by facilities that treat, store, or dispose of such waste. [Read the law]