For example, the federal Resource Conservation and Recovery Act sets out some requirements for non-hazardous solid waste, mostly for sites that manage the waste, but for the most part, the states take the lead in implementing the requirements. So a project has to do two threshold analyses—one to see if the project falls under federal EIA law, and another for provincial law. But provinces usually delegate them the power to regulate the built environment within the municipality. If the state laws exceed federal requirements then you are required to meet the state laws. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries.Other areas, such as environmental impact assessment, may not fit neatly into either … To build on the strong foundation that I hope this article gave you for environmental laws in the US and Canada, in an upcoming article I will show you how to track changes to applicable environmental laws in the two countries. As discussed above, environmental law … EPA is charged with administering all or a part of each. The National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act and the National Environmental Education Act. as well as provincial environmental assessment acts. But for interest’s sake, let’s look at how environmental impact assessment (EIA) law compares in the two countries. States and provinces further give authority to local governments to govern very specific environmental topics like those related to the built environment. To begin, you have to understand that in both the US and Canada, your operations are subject to environmental law at three levels: federal, state or provincial, and local. Taken all together, the powers given to the provinces let them make all kinds of environmental laws about water use, solid waste, wildlife conservation, wilderness areas, and contaminated sites. So the federal government has jurisdiction over environmental matters, but the boundaries aren’t laid out as clearly as in Canada. The National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act and the National Environmental Education Act.The Environmental Protection Agency (EPA) was also formed in 1970. In the end, the laws in the two countries are different, and you’ve got to do things the way you’re required to in the location that you’re operating in. These permits are commonly called “Title V permits” because that’s the part of the Clean Air Act that requires them. Summaries of environmental laws and Executive Orders (EOs) Summaries of laws and Executive Orders (EOs) that influence EPA's regulatory … Very simply put, in Canada, environmental matters are mostly divided between the federal government and the provinces. This understanding is a strong foundation on which you can build your regulatory knowledge and ensure comprehensive compliance. Inspect and issue corrective actions in teams. So there are conflicts over jurisdiction in some cases, and shared or overlapping jurisdiction in others. States also regulate subjects that aren’t covered by federal laws. What local governments are permitted to regulate varies a lot from state to state, and they generally don’t have jurisdiction to create environmental laws. In Canada, the federal and provincial governments both legislate EIA, under the federal impact assessment legislation as well as provincial environmental assessment acts. Therefore, you must ensure that you refer to environmental laws under all the applicable local governments. Comprehensive Environmental Response Compensation and Liability Act (CERCLA): Also known as the “Superfund,” this Act is aimed at cleaning up areas which are already polluted. EPA is called a regulatory agency because Congress authorizes us to write regulations that explain the critical details necessary to implement environmental laws. The provinces also have primary jurisdiction over agriculture, forestry, wetlands, and wildlife. For more on environmental law, see this Virginia Law Review article, this Florida State University Journal of Land Use & Environmental Law article, and this University of Florida Law Review article. A number of laws serve as EPA's foundation for protecting the environment and public health.

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