U. S. CONGRESS AND ENVIRONMENTAL LAWS

THE LAW-MAKING PROCESS

In the United States of America laws are made by Congress.  Ideas for laws are presented as proposals to a member of Congress.  That member introduces the proposal in the form of a bill that is placed in the hopper of the House of Representatives or if the member is a senator, is given to the Clerk of the Senate. The clerk registers and numbers the bill so that copies can be made and it can be reported as a bill in consideration in the Congressional Record. 

One or more committees review every bill introduced.  Often they send copies of the proposed law to departments and agencies affected by the bill so that they can provide insight as to how the bill might affect their services or regulatory actions.  Depending on the nature of the bill the committee may publicize and convene a public hearing with expert witnesses on both sides of the issue.  After careful study a markup session is held to make revisions to the bill, if necessary, before sending it to the full committee or forwarding it to the legislative body for discussion and a vote.  

Regardless of where the bill begins, the House of Representatives and the Senate eventually must review and vote on it.  Sometimes similar bills are presented simultaneously in both the House of Representatives and the Senate.  If approval appears imminent but there are differences in the language of the two bills, representatives of the two branches of Congress will conference to prepare a bill that satisfies both branches.  If there are sufficient votes to pass the bill, it is sent to the President for his signature.  If he or she does not sign, two-thirds of the members of Congress have to vote for the bill for it to become law without presidential approval. 

Laws passed by Congress may be temporary or permanent.  If not permanent, the law must be reauthorized.  During the reauthorization process members of Congress review what appears to be working as intended and what is not.  Sometimes the law was so well crafted and supported that when it is time to renew there are few changes.  Often, however, because of the many compromises made to create the original law and the use of tenuous or ambiguous language, major amendments are introduced and debated.  It is also a time when features one group wanted and the other rejected may be reintroduced with minor changes and, hopefully, accepted this time around.

Public opinion has a great deal to do with when and how Congress votes on a bill and whether the President will approve or veto a bill.  Public opinion may be expressed at public hearings or via contacts with members of Congress.  Views on Proposed Funding and Proposed Regulations can be made in writing in response to information in the Federal Register, a daily governmental publication, found in Federal Depository Libraries. Timing is important in expressing opinions as well as providing important facts that members of Congress need to make wise decisions.

Today’s environmental laws have a long history behind them.  Early groups that organized to help influence environmental legislation at the federal, state, and/or local levels include but are not limited to, Sierra Club (1892), American Scenic and Historic Preservation Society (1901), and National Association of Audubon Societies for the Protection of Wild Birds and Animals (1905). 

MAJOR LAWS BEHIND TODAY’S NATURAL RESOURCES

NATIONAL PARKS AND MONUMENTS

National Park Service, US Department of the Interior website: http://www.nps.gov 

·         1872 Act establishes Yellowstone as a national park

·         1906 American Antiquities Act authorized preservation of “features of historic, prehistoric, and scientific interest”.  Roosevelt used this act to establish Devil’s Tower (first national monument) and the Grand Canyon (first of many monuments that became national parks)

·         1916 National Park Service added to US Department of Interior

·         1926 Recreation and Public Purposes Act

·         1978 National Parks and Recreation Act

NATIONAL WILDLIFE REFUGES

Fish and Wildlife Service, US Department of the Interior website: http://www.fws.gov 

·         1901-1906 President Theodore Roosevelt issued 53 Executive Orders establishing wildlife refuges such as Pelican Island bird sanctuary in Florida

·         1930’s Civilian Conservation Corps and Works Progress Administration improved habitat and built infrastructure in more than 50 national wildlife refuges and fish hatcheries

·         1966 National Wildlife Refuge System Administration Act 

·         1997 National Wildlife Refuge System Act Amendments 

NATIONAL FORESTS AND GRASSLANDS

US Forest Service, US Department of Agriculture website: http://www.fs.fed.us

·         1891 Forest Reserve Act

·         1964 Wilderness Act

·         1976 National Forest Management Act 

COASTAL WETLANDS

Us Fish and Wildlife Service, US Department of Interior website: http://www.fws.gov

·         1990 National Coastal Wetlands Conservation Grant Program 

WILDLIFE AND ENDANGERED SPECIES

US Environmental Protection Agency website: http://www.epa.gov 

·         1929 Migratory Bird Conservation Act

·         1934 Fish and Wildlife Coordination Act

·         1972 Marine Mammal Protection Act

·        1973  Endangered Species Act (earlier ones in 1966 and 1969) with amendments 1976, 1978, 1979, 1982, 1984, 1988 

CLEAN WATER AND CLEAN AIR

US Environmental Protection Agency website: http://www.epa.gov 

·         1948 Water Pollution Act as amended 1956, 1972, and 1977 became known as Clean Water Act

·         1960 and 1967 Air Quality Act

·         1965 Water Quality Act

·         1966 Clean Water Restoration Act

·         1970 Water Quality Improvement Act

·         1970 Clean Air Act as amended in 1977, 1990

·         1974 Safe Drinking Water Act with 1996 Amendments

To see summaries of current laws administered by the US Environmental Protection Agency (including those related to energy, waste, pesticides, toxic substances, and super funds) go to http://www.epa.gov and click on Laws, Regulations, Guidance and Dockets.