Do you need an environmental permit? The state and federal governments have a duty to protect the environment. They pass laws in an attempt to regulate what companies and individuals can do. One of the most important means of protecting the environment is the use of environmental permitting programs.
These programs regulate activities that may have a harmful effect on the environment. The goal is to permit only those activities that won't greatly hurt the environment. For example, federal and state statutes require permits for:
- Discharges to the air from industrial smokestacks
- Liquid discharges to bodies of water such as sewage pipeline discharges to lakes or to the ocean
- Solid waste disposal such as landfills for industrial or municipal waste or facilities for the safe disposal of nuclear waste products
Some permitting programs are more indirect in operation than others. An example is a program that regulates discharges to the air from automobile exhaust systems. The program imposes periodic car inspection standards.
Federal, State and Local Statutes
Several federal statutes regulate conduct having significant impact to the environment. The laws cover the major areas of concern. This includes air, water, wetlands and coastal areas. Examples of federal statutes include:
- Clean Air Act
- Clean Water Act
- Resource Conservation and Recovery Act
- Endangered Species Act
- Comprehensive Environmental Response Compensation and Liability Act
- Toxic Substances Control Act
Most states have their own water, air and land regulation permitting programs. States will generally provide a level of environmental protection the same or more stringent than that provided by federal law. In those states, the more stringent state statutes must be followed. However, the state law doesn't have to be followed if it's determined that the federal enactment was intended to preempt more stringent state laws.
Local municipalities will regulate the activities permitted in various areas. This regulation affects the impact these activities have on the local environment. This is primarily accomplished through zoning and similar statutes and ordinances.
Resource Area Protection
Permitting programs don't just focus on activities harmful to the environment. Some programs focus on a specific area. They may also concentrate on designated types of locales. The goal is to increase environmental protection in these areas. The kinds of activities that may occur within their boundaries are sharply limited.
Wetlands are protected under these programs. The programs define what constitutes "wetlands." They require owners to identify wetland areas on their property.
Any area deemed a wetland might be subject to more stringent permitting requirements. Similar protections can be extended to the shoreline areas in states with ocean frontage. These protections are defined in the particular law or regulation.
Open Space Protection Programs
Another type of program is called an open space protection program. This program is similar to resource area protection. It's used to protect a large area from development.
The National Park Service is an example of an open space program. Similar state and local park systems are also protected. All forms of development are sharply restricted in such areas.
Questions for Your Attorney
- My company is violating a state environmental law. Should I say anything? What state agency do I tell about the violation?
- Where do I go to find out the environmental laws in my state?
- Is there a state advisor I can check with to find out if I'm violating an environmental law?