Environmental Law
Overview
Environmental law is a body of law dedicated to the protection of the natural environment from degradation as a result of human influences. The earliest of legal remedies available for environmental problems can be found in the common law under trespass and nuisance. While these two causes of action are still valid, the “right to farm” laws enacted in all fifty states have limited their effect. Specific statutory protection of the environment began in 1899, when the United States passed the first federal environmental law. Entitled the Rivers and Harbors Act, it provided a legal alternative to limiting the amount of water pollution in the nation’s navigable waters. Modern environmental law began developing in the 1950s with the passage of statutes such as the Federal Water Pollution Control Act (later referred to as the Clean Water Act) and the Clean Air Act. Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq.
Federal Insecticide Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 121:135-136y
Federal Water Pollution and Control Act (Clean Water Act (CWA)), 33 U.S.C. §§ 1251 et seq.
Federal Air Pollution and Control Act (Clean Air Act (CAA)), 42 U.S.C. §§ 7401 et seq.
Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq.
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 et seq.
Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2629
Pollution Prevention Act, 42 U.S.C. §§ 13101-13109
Federal Land Policy and Management (FLPMA), 43 U.S.C. §§ 1701 et seq.
National Forest Management Act (NFMA), 16 U.S.C. §§ 1600 et seq.
Regulations
CAFO Regulations, 40 C.F.R. § 122.23
Air Programs Regulations, 40 C.F.R. pts. 50-99
Water Programs Regulations, 40 C.F.R. pts. 100-149
Pesticide Programs Regulations, 40 C.F.R. pts. 150-180
Radiation Protection Programs Regulations, 40 C.F.R. pts. 190-197
Noise Abatement Programs Regulations, 40 C.F.R. pts. 201-211
Ocean Dumping Regulations, 40 C.F.R. pts. 220-238
Solid Waste Regulations, 40 C.F.R. pts. 239-299
Superfund, Emergency Planning and Community Right-to-Know Programs Regulations,
40 C.F.R. pts. 300-399
Effluent Guidelines and Standards Regulations, 40 C.F.R. pts. 400-471
Sewage Sludge Regulations, 40 C.F.R. pts. 501-503
Energy Policy Regulations, 40 C.F.R. pts. 600-699
Toxic Substances Control Act Regulations, 40 C.F.R. pts. 700-799
Air Pollution Controls Regulations, 40 C.F.R. pts. 1027-1074
Land Resource Management Regulations, 40 C.F.R. pts. 2090-2933
Forest Service, Department of Agriculture, 36 C.F.R. pts. 200-297
Search Federal Register Regulations
Case Law
Case Law Index for Environmental Law
Administrative Law Decisions
EPA Office of Administrative Law Judges- Decisions, Orders and Filings
EPA Civil Cases and Settlements by Statute
USDA Office of Administrative Law Judges
USDA National Appeals Division
Center published USDA Judicial Officer’s Decisions
Center Research Publications
Approval of Pesticides (R. Rumley, 2012)
Water Quality Credit Trading: A Primer of Background Material (Jackson, 2010)
The Clean Water Act: Current Status and Potential Changes – PowerPoint Presentation (R. Rumley, 2010)
The Clean Water Authority Restoration Act: A Primer of Background Material (Goeringer & Rumley, 2009)
State and Federal Climate Change Statutes (Goeringer & Boling, 2009)
Environmental Law: Federal Laws That Affect Agriculture – PowerPoint Presentation (Springsteen, 2009)
Clarifying NPDES Requirements for Concentrated Animal Feeding Operations (Centner, 2007)
2005 Environmental Law Update (Feitshans, 2006)
From the Farm to the Factory: An Overview of the American and European Approaches to Regulation of the Beef Industry (Houston, 2006)
Supreme Court Considers Preemption of State Law Claims Under the FIFRA(Pittman, 2005)
Managing Carbon in a World Economy: The Role of American Agriculture (Garry, 2005)
Biodiversity and Law: Culture of Agriculture and Nature of Nature Conservation (Harbison, 2004)
Biodiversity and the Law of Nature Conservation in Great Britain (Harbison, 2004)
Government Oversight of Animal Feeding Operations (Centner, 2003)
Legal Liability Issues in Agricultural Biotechnology (Kershen, 2002)
Mandatory Legal Approaches to Agricultural Nutrient Management (Essman & Brown, 2019)
State Legal Approaches to Reducing Water Quality Impacts from the Use of Agricultural Nutrients on Farmland (Hall & Essman, 2019)
The Conservation Security Program and the Grassland Reserve Program Under the 2002 Farm Bill (Pittman, 2003)
United States Ninth Circuit Court of Appeals Orders EPA to Ban Chlorpyrifos (Wilkerson & E. Rumley, 2018)
Potential Spray Drift Damage: What Steps to Take (Lashmet, 2017)
Congressional Research Service Reports
Reports– published and made available by CRS beginning in 2017
Subjects- published by CRS and made available by NALC until 2018:
CRS Reports By Topic:
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Environmental Law:
Biotechnology
Environmental Issues
Land Use Regulation
Pesticides, Herbicides, Insecticides, Fungicides, Fertilizers
Reference Resources
Agricultural Research Service (ARS)
ARS Research National Programs
National Programs: Natural Resources and Sustainable Agricultural Systems
Army Corps of Engineers (USACE)
Civil Works
Civil Works Environmental Compliance
Civil Works: Regulatory Program and Permits
Environmental Program
National Notices and Program Initiatives
Environmental Protection Agency (EPA)
Environmental Laws Applicable to Construction and Operation of Biodiesel Production Facilities (2008)
Environmental Laws Applicable to Construction and Operation of Ethanol Plants (2007)
Air Monitoring at Agricultural Operations
Agriculture
Agriculture and Air Quality
Agriculture: Animal Production
Agriculture: Crops
Agriculture: Pasture, Rangeland, and Grazing
Agriculture: Upcoming and Recent Compliance Dates
Agriculture: Laws and Regulations by Farm Activity
Agriculture: Information from Federal, State, and Local Resources
Agriculture Newsroom
National Service Center for Environmental Publications
National Agricultural Center
Nutrient Pollution the Sources and Solutions
Agriculture Sources of Nutrient Pollution
National Service Center for Environmental Publications
The Sources and Solutions: Agriculture
Environmental Laws & Regulations
Regulatory Information: Agriculture Sector
Proposed Rules, Policies, and Guidance – Open for Comment
EPA’s Planning, Budget & Results
Environmental Management Systems (EMS)
Toxics Release Inventory Program
Index of Agriculture Topics
Animal Waste Topics:
Clean Air Act and Animal Feeding Operations
CERCLA and EPCRA Reporting Requirements
Biosolids Recycling: Beneficial Technology for a Better Environment
National Pollution Discharge Elimination System (NPDES) Permit Basics
Animal Feeding Operations-Permitting Program
NPDES AFO’s Policy Documents
Unified National Strategy for Animal Feeding Operations (EPA/USDA)
Water Topics:
EPA Topic: Water
Summary of the Clean Water Act
Watershed Assessment, Tracking and Environmental Results System (WATERS)
Nonpoint Source Pollution
EPA: Contaminants of Emerging Concern including Pharmaceuticals and Personal Care Products
Water Quality Standards for Wetlands: National Guidance
Air Topics:
Overview of the Clean Air Act and Air Pollution
Hazardous Materials Topics:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Information
Resource Conservation and Recovery Act (RCRA):Laws and Regulations
Brownfields and Land Revitalization Cleanup Enforcement
Guidance: Owners of Property Containing Contaminated Aquifers
Addressing Liability Concerns to Support Cleanup and Land Reuse Publications
Pesticides Topics:
Pesticides
Worker Protection Standard for Agricultural Pesticides
Federal Register Pesticide Documents
Fact Sheets
Nonpoint Source Pollution
Ag 101
Pesticides and NPDES Permits
National Lakes Assessment
Regulatory Definitions of Large, Medium, and Small CAFOs
Nutrient Management and Fertilizer
Strategy for Water Quality Standards and Criteria: Setting Priorities to Strengthen the Foundation for Protecting and Restoring the Nation’s Waters
Wetland Factsheets
Economic Research Service (ERS)
Natural Resources & Environment
Climate Change
Conservation Programs
Environmental Quality
Organic Agriculture
Farm Practices and Management
Biotechnology
Fertilizers & Pesticides
Crop & Livestock Practices
Irrigation & Water Use
Risk Management
Farm Economy
Agricultural Research and Productivity
Bioenergy
Farm & Commodity Policy
Land Use, Land Value, & Tenure
Rural Economy & Population
Natural Amenities
Key Topics: International Markets & Trade
Data Sets: Major Land Uses
ERS Publications
Agricultural Resource Management Survey (ARMS)
ERS Newsroom
Selected ERS Recommended Readings:
Conservation Compliance: How Farmer Incentives Are Changing in the Crop Insurance Era (Claassen et. al., 2017)
Farmers Employ Strategies To Reduce Risk of Drought Damages Wallander, Marshall, & Aillery, 2017)
Understanding Irrigated Agriculture (Shaible, 2017)
Energy Consumption and Production in Agriculture (Hitaj, 2017)
Study Finds Crop Insurance Has Small Effect on Environmental Quality (Claassen, 2017)
Major Uses of Land in the United States, 2012 (Bigelow & Borchers, 2017)
Declines in Pollinator Forage Suitability Were Concentrated in the Midwest, the Over-Summering Grounds for Many Honeybees (Hitaj, Smith, & Hellerstein, 2017)
Global Ethanol Mandates: Opportunities for U.S. Exports of Ethanol and DDGS (Beckman & Nigatu, 2017)
Dedicating Agricultural Land to Energy Crops Would Shift Land Use (Sands & Malcolm, 2017)
Land Use, Land Cover, and Pollinator Health: A Review and Trend Analysis (Hellerstein et. at., 2017)
The Evolving Distribution of Payments From Commodity, Conservation, and Federal Crop Insurance Programs (McFadden & Hoppe, 2017)
Mergers and Competition in Seed and Agricultural Chemical Markets (MacDonald, 2017)
Genetically Modified Alfalfa Production in the United States (Wechsler & Milkove, 2017)
Dedicated Energy Crops and Competition for Agricultural Land ( Sands et. al., 2017)
The Role of Fossil Fuels in the U.S. Food System and the American Diet (Canning et. al., 2017)
Farm Profits and Adoption of Precision Agriculture (Schimmelpfennig, 2016)
Precision Agriculture Technologies and Factors Affecting Their Adoption (Schimmelpfennig, 2016)
An Economic Perspectice on Soil Health (Bowman, Wallander, & Lynch, 2016)
No-Till or Strip-Till Use Varies by Region (Wade & Claassen, 2016)
Conservation-Practice Adoption Rates Vary Widely by Crop and Region (Wade, Claassen, & Wallander, 2015)
Water Conservation in Irrigated Agriculture: Trends and Challenges in the Face of Emerging Demands (Schaible & Aillery, 2012)
Agricultural Resources and Environmental Indicators (Osteen et. al., 2012)
Nitrogen in Agricultural Systems: Implications for Conservation Policy (Ribaudo et. al., 2011)
Trends and Developments in Hog Manure Management: 1998-2009 (Key et. al., 2011)
Grassland to Cropland Conversion in the Northern Plains: The Role of Crop Insurance, Commodity, and Disaster Programs (Claassen et. al., 2011)
Report to Congress: Measuring the Indirect Land-Use Change Associated with Increased Biofuel Feedstock Production (Marshall et. al., 2011)
Integrating Invasive Species Prevention and Control Policies (Livingston & Osteen, 2008)
Economic Measures of Soil Conservation Benefits: Regional Values for Policy Assessment (Hansen & Ribaudo, 2008)
The Use of Markets to Increase Private Investment in Environmental Stewardship (Ribaudo et. al., 2008)
Agricultural Resources and Environmental Indicators, 2019 (Hellerstein et. al., 2019)
Working Lands Conservation Contract Modifications: Patterns in Dropped Practices (Wallander et. al., 2019)
Despite Elevated Loss Rate Since 2006, U.S. Honey Bee Colony Numbers are Stable (Ferrier, 2018)
Tillage Intensity and Conservation Cropping in the United States (Claassen et. al., 2018)
Conservation Programs
Environmental and Cultural Compliance
Fact Sheets
FSA Handbooks
Programs and Services
Biomass Crop Assistance Program
Select Programs
Energy Programs
Conservation Reserve Enhancement Program
CRP Grasslands
Emergency Conservation Program
Emergency Forest Restoration Program (EFRP)
Farmable Wetlands Program
Grasslands Reserve Program
“Grassroots” Source Water Protection Program
Transition and Incentives Program
Fish and Wildlife Service (FWS)
Ecological Services
Endangered Species
Invasive Species
Digest of Federal Resource Laws
Endangered Species Act: Information for Landowners</a
Climate Change
Pollinators
Wetlands
National Agricultural Library (NAL)
Water Quality Information Center (WQIC)
Agricultural Law Information Partnership (USDA)
Agricultural Environmental Management
Manure Management
Pest Management
Precision Agriculture
Climate Change
Databases
Irrigation
Regional Information
Social and Legal Issues
Tools and Guides
Water Availability
Water Quality
Natural Resources and Environment
National Invasive Species Information Center (NISIC)
Soil Resource Management
National Institute of Food and Agriculture (NIFA)
Publications
Water and Agriculture Information Center (WQIC)
Natural Resources Management
Natural Resources Conservation Service (NRCS)
Agricultural Air Quality Task Force
NRCS Conservation Programs
Field Office Technical Guides (FOTG)
Agricultural Management Assistance
Bibliographies and Literature Reviews (organized by topic)
Water Quality Technical Resources
Air Quality and Atmospheric Change
National Conservation Practice Standards
Conservation Planning
Environmental Quality Incentives Program (EQIP)
Natural Resources Assessment
Conservation Compliance
Water
Alphabetical Listing & Archive
Easements
Technical Assistance
Financial Assistance
United States Geological Survey (USGS)
National Water-Quality Assessment Program (NAWQA)
Water Resources
Animal Feeding Operations: Effects on Hydrologic Resources and the Environment
Toxic Substances Hydrology Program: Animal Feeding Operations
USGS Current Water Data for the Nation
Pesticide Management and Coordination
Ecosystem Services
Forest Service Publications
Forest Service Directives
Controlling Invasive Species
In Brief: Climate Change and Water: Perspectives from the Forest Service (2008)
Water and the Forest Service (2000)
Water Quality Management
Regional effects of agricultural conservation practices on nutrient transport (2016)
Sustainability and Climate Natural Resources
National Forest Management Act (NFMA)/Planning
National Conservation Lands
Natural Resources
Rangeland Health
Livestock Grazing on Public Lands
Wetlands and Riparian Health
Fish & Wildlife
Congressional Resources
Reports on Agriculture and Food (Government Accountability Office)
Reports on Natural Resources and Environment (Government Accountability Office)
Environmental Law (Government Accountability Office)
Land Management (Government Accountability Office)
Natural Resources (Government Accountability Office)
Pollution Control (Government Accountability Office)
Environmental Protection (Government Accountability Office)
Environmental Protection (Government Accountability Office))
Environmental Monitoring (Government Accountability Office)
Reports on Energy (Government Accountability Office)
U.S. Senate Committee on Agriculture, Nutrition, and Forestry
U.S. Senate Committee on Energy and Natural Resources
U.S. Senate Committee on Environment and Public Works
U.S. House Committee on Agriculture
U.S. House Committee on Natural Resources
U.S. House Committee on Energy & Commerce
Other Federal Resources
Animal Feeding Operations: What are Animal Feeding Operations AFOs)? (Centers for Disease Control and Prevention)
Chemical Contaminants, Metals, Natural Toxins, & Pesticides Guidance Documents & Regulations (Food and Drug Administration)
Pesticide Illness and Injury Surveillance (National Institute for Occupational Safety and Health, CDC)
National Ag Safety Database–Chemicals/Pesticides (National Institute for Occupational Safety and Health, CDC)
National Institute of Food and Agriculture
Publications
Surface and Groundwater Regulation (Hill & Aldredge, 2016)
One if by Land, Two if by Sea, Three if by Air: The Changing Face of Environmental Regulation of Production Agriculture (Ferrell & Lashmet, 2016)
Waters of the United States and the Clean Water Act: Implications for Agriculture (Bradbury & Smith, 2016)
The Creature from the Potomac Basin: Environmental Law Under the Trump Administration (Ferrell, Goeringer & Lashmet, 2017)
A Landowner’s Guide to Hydraulic Fracturing: Addressing Environmental and Health Issues in Oil & Gas Leases (Emmett Environmental Law & Policy Clinic)
Trade in the US and Mexico helps reduce environmental costs of agriculture (Martinez-Melendez & Bennett, 2016)
Comparative analysis of environmental impacts of agricultural production systems, agricultural input efficiency, and food choice (Clark & Tillman, 2017)
Pesticide Drift Liability (Part 1): Potential Legal Theories (Tex. Agric. L. Blog, 2016)
Pesticide Drift Liability (Part 2): Landowner Liability for Independent Contractor (Tex. Agric. L. Blog, 2016)
Legal Liability Issues for Handling Manure (Hall, OH St. Ext., 2007)
Is Your Farm “EQIPed” for Conservation? A Farmers’ Guide to Understanding the Environmental Quality Incentives Program (Farmers’ Legal Action Group – FLAG, 2007)
U.S. Agri-Environmental Programs and their Potential Implications for Agricultural Trade (Cooper, U. CA-Berkley, 2005)
International Code of Conduct on the Distribution and Use of Pesticides (Food and Agriculture Organization of the United Nations – FAO, 2010)
Air Emissions From Animal Feeding Operations: Current Knowledge, Future Needs (National Academies Press, 2003)
Iowa Concentrated Animal Feeding Operation Air Quality Study (U. of IA, 2002)
EPA Addresses Conflict Between FIFRA and CWA (IL Pesticide Review, 2003)
Small Farms Fact Sheet Series (Livestock and Poultry Environmental Stewardship Commission- eXtension)
Groundwater Laws and Regulations: A Preliminary Survey of Thirteen U.S. States(Cain et. al. 2017)
Additional Resources
Environmental Law Posts (Ag & Food Law Blog)
Environment, Land Development & Climate Change Blog (Alston + Bird LLP)
Environment, Energy, and Resources Section (American Bar Association)
Pesticide Information Profiles (EXTOXNET)
Pesticide Management (Food and Agriculture Organization of the United Nations)
Environmental Planning on Livestock and Poultry Operations (eXtension)
Pesticide Environmental Stewardship (eXtension)
Small Farm Environmental Stewardship (eXtension)