This paper examines the relationship between federal environmental planning laws and state and local regulatory frameworks. Drawing on legal scholarship and federal policy sources, it outlines key federal statutes — including the Clean Air Act, the Clean Water Act, EPCRA, and NEPA — and explains how these laws shape the environmental planning process for developers, engineers, and government agencies at every level. The paper also discusses specific federal actions such as Executive Order 13148 and EPA exemptions under CERCLA, and concludes by addressing the political and economic tensions that arise when federal mandates intersect with state and local interests.
Environmental planning can involve a great deal of jumping through hoops, filling out forms, and obtaining permission from various governmental authorities. That is because there are federal, state, and local laws dealing with environmental planning issues.
An article by William A. Wilcox published in the Villanova Environmental Law Journal asserts that "state regulators and the public are often frustrated or confused by the special body of environmental law" that is handed down by the federal government (Wilcox, 2003, p. 1). When a person or organization is dealing with the federal government "under environmental or natural resources law, special issues often arise" because of the myriad federal laws and regulations governing "environmental planning," Wilcox explains. It is possible to "demystify the special body of environmental law" applicable to the federal government, he continues, but doing so requires knowledge, patience, the ability to conduct research, and the capacity to follow sometimes complicated and frequently updated regulations.
How does federal environmental planning influence state and local environmental planning? When a company wishes to build a factory, a large retail store, or any major project in any state, many federal environmental laws must be taken into consideration and complied with before the environmental planning process can move forward. State and local governments have their own regulations and guidelines, but federal environmental planning laws remain ever-present in the minds of engineers and developers as they bring their projects before local, county, and state enforcement agencies.
The following are among the federal environmental laws that apply in all 50 states:
a) The Clean Air Act (CAA) regulates air emissions in order to protect public health and the environment. b) The Clean Water Act (CWA) regulates the discharge of pollutants into United States waters. c) The Emergency Planning & Community Right-to-Know Act (EPCRA) requires each state to establish a State Emergency Response Commission (SERC) so that firefighters, health officials, community groups, and others are included in the planning process for emergencies such as floods, fires, and natural disasters.
"Executive Order 13148 and EPA CERCLA exemption"
"Costs and tensions from federal environmental mandates"
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