38 Analysis of the Environmental Regulations of the United States of America
THE UNITED STATES OF AMERICA
The U.S. History of Environmental Regulations
Key Objectives:
- Establish the Environmental Protection Agency and Its major regulatory acts: Clean Air and Clean Water.
- Prove the environmental harm caused by occupational production
- Establish regulations and policies for a healthy environment
- Address environmental injustices
The Beginning of Regulation…
A controversial discussion over a new bridge construction in Key Largo indirectly sparked the first environmental policy in the United States of America. In 1899, the Rivers and Harbors Act required all construction on navigable waterways to be regulated and approved by the United States Army Corps of Engineers that protected wetlands and their species and sediment from dredging (EPA, 2024). Over 120 years later, the United States has a wide range of laws and policies protecting all biological life for present and future generations, and the natural processes within the environment. Environmental policy is not free of judgement and often subjected to rigorous government quarrels. The United States government is divided into three branches: executive, legislative, and judicial, all with varying roles and functions. The executive branch consists of the President, Vice President and the Cabinet, and finalizes and enforces the law. The legislative branch consists of the house and senate, also known as Congress. They create and propose laws whereas the judicial branch or Supreme Court evaluates the fairness of the proposal and reprimands when it is violating the constitution. Together they are federally equal and kept in check with checks and balances that allow each other to play roles in each other’s branches (United States Court). In the early 1960s, Silent Spring by Rachel Carlson was published and caused a flux in environmental concern due to DDT and its effect on biodiversity (EPA, 2025). Shortly after, a massive fire on the Cuyahoga River caused by incredibly large amounts of waste raised questions on how waste and dumps are managed near water sources (EPA, 2025). Under President Nixon, on December 2, 1970, an important sector was added to the executive branch: The Environmental Protection Agency or EPA. For more than 50 years, the EPA has been advancing efforts in research, stewardship, accessibility, justice, and clean up efforts to limit environmental risks (EPA, 2025). After Congress writes a law, the EPA implements regulations and sets national standards for all states to protect both the environment and human health. (BO)
Climate change, by 2050, will be irreversible and global powers debate and unify to meet Sustainable Development Goals or SDGs, placed and created by the World Health Organization or WHO. The SDGs ensure that no one is left behind even those not born yet by striving for justice, prosperity and sustainable practices for all governments. The United Nation is comprised of 193 countries taking on these goals for decades to come. Climate change has become a political debacle and fluctuates when government powers are rearranged. Donald Trump, the current President of the United States of America, has voiced his disgust for environmental policy that limits extraction or overuse of resources that may hurt the economy. Since his re-election, 98 environmental rules and regulations have been rolled back at an alarming rate, posing concern of environmental and human health and further separates the country from global unity. Environmental policy ensures safe drinking water, air, and food while monitoring emission levels, land and aquatic species, and global temperature. (BO)
The fire on the Cuyahoga River in Ohio sparked the revolution in environmental policy. Two major issues emerged from this event: air pollution and water control. The US government, with the help from the EPA, enacted the Clean Air Act of 1970 which has prevented over 200,000 premature deaths (EPA, 2025). A year later, the National Ambient Air Quality Standards, or NAAQS, were set for 6 pollutants: particulate matter, ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide and lead indicating primary and secondary standards to protect public health (EPA, 2024). The CAA helps resist and prevent massive fires on the west from climate change and regulates transportation due to public alternatives being limited. Visually, the clouds of smoke above the Cuyahoga River and neighboring communities were evidence enough for air pollution control but additional importance lied in the water. Limited research on water pollution and waste resulted in nationwide ocean and fresh water source dumping damaging streams downriver, biodiversity, soil quality, and food sources. In 1972, the Clean Water Act was enacted to maintain the finite fresh water source in the US (EPA, 2025). These two acts, CAA and CWA, are the basis of the US environmental policy and sparked environmental risk prevention based on the effects it has on human lives: work, health and the environmental and the injustices that are still prevalent. (BO)
Work Spoiling Soil…
Since the 1790s, America has become an ever-growing industrial society that has accumulated a wide range of production services and technologies to increase a resources’ attainability. The United States of America has an abundance of fresh water and natural resources that aids in the success of the U.S. economy. Unfortunately, upon decades of extraction and abuse on the ecosystem with little regulation, the land has shown clear signs of soil degradation, spoiled water, and lower quality air. Our practices of extracting both renewable and nonrenewable sources via fracking, mining, overfishing, and logging have created land concerns beyond repair. Also, the geographic differences in earth have led to a global interdependence where resources can be collected and traded in exchange for money, materials and goods, or allegiance. This has advanced consumption and food production which contributes to poor water, chemical ingestion, and spread of contamination from transportation and distribution. Additionally, it furthers the concern in ethical and safe practices and the need for US restrictions on outside country trade. (BO)
Fracking, farming, and transportation contributes to desalinated soils, toxic runoff, and contaminated waterways that affect the ecosystems and expose the environment to a mixture of harmful hazardous pollutants. Americans work daily to provide plentiful dinners, frames for homes, and safe water for communities by extracting and distributing resources. The United States has implemented numerous regulations to ensure harm to the environment and U.S. citizens is minuscule. There is nothing better than coming home from school, making dinner, and laying out your pajamas for a hot shower. Natural gas is burned in the basement producing heat and transferred to the water and up the pipes to soothe your scalp and back. This wonderful feeling is stained by what makes it possible: fracking. Hydraulic fracturing is the process of extracting materials like natural gas, oil, energy and water, by injecting high pressure sand, water, and chemical mixtures. Fracking causes cracks in rock formation destabilizing the surface and making nearby sites in risk of contamination. (BO)
Fracking sites are often left unused and in need of repair after wanted materials are accumulated. These past fracking sites have damaged ecosystems, desalinated soils, and has increased in landslide and contamination potential. Practices like fracking and mining are now under regulation after the 1977 act, Surface Mining Control and Reclamation Act or SMCRA, was passed (Natural Resources Revenue Data). SMCRA requires the user of the mining and fracturing site to completely restore the soil and plant and animal life at the location. The user is also responsible for proper mining and fracturing procedures and contamination clean up from any spill. Soon CERCLA, which will be addressed in further sections, will handle liability regarding past contamination sites. A major issue with fracking is how it contaminates the area around its center. These contaminates often flow into water sources or into the groundwater table and left to be another person’s or countries problem. Fracking close to shorelines exhibited an increase in contaminates reaching the water and creating dead zones. These dead zones limited the oxygen available and killed off plant and sea life. The Gulf of America, formally the Gulf of Mexico, is shared between the United States and Mexico and an alliance was made to ensure their shared water source received equal care and etiquette from both countries. The Gulf of Mexico Energy Security Act, or GOMESA, had two major components that successful grew both economies while protecting the environment and coastal infrastructure, (BOEM). The first is that fracking is prohibited within 125 miles of a coastline and coastal restoration projects for land and water must begin. The second is that any U.S. profit from oil and gas off the shore of the Gulf of America will be partially shared with Mexico. Although SMCRA and GOMESA try their best at preserving the environment in exchange for our industrial resources, fracking is not sustainable, slows down material recharge rates, and pollutes the earth. The Fracking Ban Act was proposed in 2019 to ban fracking and the expansion of fracking sites (Congress, 2019). This act will take time to implement, and nearby wells will need decades of testing. (BO)
Like the extraction of materials, food also starts in the ground. The U.S. has over 1.88 million farms producing very large quantities of cattle, corn, soybeans and other animal and crop products that repeatedly destroy the soils’ moisture and nutrients (USDA, 2025). To produce successful and profitable produce, fertilizer is used to repel pesticides, increase plant health and development, restore nutrients, and enhance appearance and flavor. Although the fertilizers have all these benefits, the fertilizers are often toxic, full of nitrogen, and runoff into rivers and lakes. Nitrogen consumes oxygen and leaves the water full of algae, which blocks the sun, and creates dead zones. Farming and fertilizer controls is prevalent in the CWA which has established the NPDES or National Pollutant Discharge Elimination System. The EPA under the NPDES program monitors large farm point sources to limit discharge rates. The U.S. has 1.88 million farms, and it is vital to know where the runoff is coming and where will it go so contamination and harm can be prevented. Not all runoff is toxic and sometimes provides soils with proper nutrients like potassium. The U.S. began classifying toxic chemicals and setting standards to regulating agriculture. The Toxic Substances Control Act, or TSCA, keeps a record of the properties, evaluation, used, transportation, and distribution of highly toxic chemicals (EPA, 2024). In 1976, the U.S. concerned themselves with “environmental disease” and public health. TSCA helped dissolve the use of lead-based paint and design risk management programs. The Federal Insecticide, Fungicide, and Rodenticide Act, FIFRA, also regulates the transportation and distribution of highly toxic chemicals by testing the effectiveness of the fertilizer and comparing it to the harm it causes (EPA, 2025). Fertilizer regulation has also contributed to farmer yield success as soil quality and nutrients are sustained. (BO)
Not only does California send their delicious strawberries to the Midwest, but their fertilizer residue, too! Fertilizer travels through the wind, the water, and our trucks. Different crop climates require a national distribution system and many, many transportation routes. Food travels more than most Americans with an average of 1,500 miles of travel time before it is on a family table (Each Green Corner, 2024). In 2023, over 55.5 million tons of food and beverage products were freighted daily requiring 14% of the total energy access in the U.S. (US DOT, 2022). While these 55.5 tons of food and beverages are being transported per year, 8.6 giga-tons of CO2 are being emitted. CO2 is a greenhouse gas that traps heat and aids in warming the earth. These emissions create smoky air full of gases and spark critical health concerns. Regulation of pollutants emitted from transportation was triggered by the CAA. As industrialization took off and use of cars for individualistic goals ran ramped, the air quality of the U.S. declined. Before the 1970s, all cars ran off lead-based gasoline, a highly toxic chemical with irreversible damage. The U.S. banned the use of lead with full elimination occurring in 1996 (EPA, 1996). Safer car practices, under the CAA, were revisited in 1973 when the U.S. required all cars to meet specific auto emission standards. All engineered cars must meet the requirements and implement warning signs. These warning signs are still around today and indicate when routine emission checks and oil changes are needed. Today, the U.S. is in the process of implementing the Clean Truck Plan that reduces the use of greenhouse gases for heavy duty trucks and vehicles that will reduce emission by 2050 while phasing into hybrid batteries and lasting engines (EPA, 2024). 140 million Americans drive to work individually and demands for better public transportation and alternative fuels are being established (Census, 2024). (BO)
Everyday millions of Americans go to work and are exposed to pollutant filled areas. Whether its driving to work, or fertilizing crops, the individual is being exposed to threatening pollutants without even knowing it. The U.S. government and the EPA have enacted solutions to limit toxic exposure while increasing worker and community knowledge. Point sources were addressed above regarding the importance of knowing where the pollutant starts to seclude the spreading. Unfortunately, non-point sources are common and reduce the capacity of water resources available. The EPA has partnered with National Water Quality Initiatives or NWQI, to locate and limit water impairment especially for nearby communities. Neighboring communities are also protected from fertilization, specifically pesticides, during times of application. The AEZ, Application Exclusion Zone, defines an area in which no one, unless instructed, should enter the zone (USDA). This informs neighbors and workers to take extra precaution during these times and avoid the area up to 100 feet. A human worker or farmer still must apply the fertilizer and is exposed to the highest level of ingestion and inhalation risk in agriculture. In 2015, the U.S under EPA control implemented the Worker Protection Standard, or WPS, that reduces worker fertilizer positioning by requiring safety training and personal protective equipment (EPA, 2025). After safety training is done, the workers are required to sign an agreement that they understand the important of PPE and the potential risks on the job. This strengthens the ethical line between a worker and their boss as well as not compromising the health of a farmer for labor. Without these U.S. regulations, the health of American citizens would decline drastically as air quality worsens and food becomes scarce. Combatting the troubles caused from work, works! (BO)
The US Determinants of Health…
Sustained health is determined by the environment. What you are exposed to and for how long may increase the risk of illness. The U.S. works diligently to manage production of food and educate the American people on the ingredients and importance of proper nutrients. In 1906, the FDA, Food and Drug Administration, was first created to protect the health of citizens in producing quality food, drugs and cosmetics (EPA, 2025). The FDA has shaped environmental safety regulations as it limits the use of toxic fertilizers, prevents food borne illnesses, advertises sustainable cooking options, and educates the consumer. (BO)
Irony is riddled in history and science but not as humorous as literature. Sulfanilamide was used in the early 1930s to decrease mortality rates by subjecting an infection to an elixir but instead one hundred and seven people died from toxic poisoning. Cause of death: major regulating disaster. In 1936, the FFDCA, Federal Food, Drug, and Cosmetic Act, was enacted to strengthen the FDA and EPA’s position and distributers credibility (EPA, 2024). EPA reviewed safest level of consumption when fertilizer residue is still present on food produce. They evaluated the type of fertilizer and its toxicity, number of applied fertilizers, and the specific risks, if produce is consumed, for vulnerable populations. This resulted in decades of safety regulations and the discovery of a cancer-causing pesticide, Daminozide (EPA, 1989). The EPA officially banned the sale, distribution, and use of all daminozide products, specifically apples, due to lifetime dietary issues and tumor growth. After all products are removed from the marketplace, use of daminozide is illegal and labelled “Not registered for us in United States of America.” Labels like these are what makes America free. The exposed ingredients, regulations, and warnings are all ways the U.S. government offers us a choice. The consumer should always decide if a product is good enough for them. (BO)
It is important to stay up to date as the U.S. revises their food safety restrictions and protocols frequently to further healthy consumption, standards on growing, harvesting, and packing and holding of produce. Farmers, companies, and distributers must be compliant to guidelines put in place by the Food Safety Modernization Act, or FDMA (FDA). The EPA requires risk assessments on raw manure and compost and testing of nearby water sources. Food borne illnesses occur from contamination of produce from harmful microbes or bacteria’s that results in dozens of hospitalizations and deaths per year. Many farms are running multiple productions at once and separate equipment, tools, and buildings must be established. Hygiene and work training is as important and proper etiquette for food handling and washing and drying of hands must be met. The Food Date Labeling Act promoted safer food for consumers in stores and restaurants as food must be labeled with “Best by” or “Used by” dates (Congress, 2023). All food that has long shelf lives may be donated under the Food Donation Improvement Act of 2021 (Congress, 2021). This protects the donator while ensuring that all donated products have necessary food labels. With some many people going hungry, and the strain of producing food on the environment, this act has allowed major grocery stores to donate food they are no longer able to sell. This reduces the waste in the landfill therefore reducing emission of organic pollutants. The U.S. has significantly improved citizen health by limiting the use of fertilizers, educating, and ensuring food is safe and labeled for consumption. (BO)
The Ecosystem at Risk…
Industrialization has caused great harm to the environment’s life cycle and now across America, restoration and conservation programs are working hard to rehabilitate living life, soils, and water. Biodiversity loss and climate change are rapidly growing environmental issues are most recognized in the United States. The loss of bees for pollination or spiders to eat the insects would cause food droughts and outbreaks in disease and infection. Silent Spring by Rachel Carlson, once again, set off an alarm that harmful pesticides are killing off more pests than necessary. Similarly, for a long time, the United States and global nations did not practice safe water disposal practices and dumped into fresh and sea water sources. The sea life, full of mercury, was now toxic to humans when ingested. These toxic chemicals and waste sped up the rate of climate change and the levels at which greenhouse gases are emitted. The U.S, along with other global nations, put biodiversity and climate change at the forefront of their agreements. The United States exemplifies a long history in combating biodiversity loss and its willingness for participating in global treaties has significantly increased the change of meeting net zero goals and promoted the idea that battling climate change cannot be done alone. (BO)
Since the beginning of human race, we have understood the stakes of surviving and the need for a hunt. Overtime, growing populations required large masses of food and stronger, more efficient technologies. Differences in geographic locations helped boost trade while boosting the eagerness to hunt, kill, possess, and, above all, sell. Illegal wildlife use and trafficking of all animals and plants is extremely common and used for gains in financial status and luxury. The first U.S. animal rights act was passed in 1900 and has been amended throughout the years. The Lacey Act prohibited illegal trades of wildlife, fish and plants, imported or exported, (U.S. Fish & Wildlife Services). This act limited overproducing animals and selling illegally for profit. (BO)
It is recommended to use an animal’s interior just as much as its exterior. In the early 1910s, feather hats were women’s fashion piece of the year and men loved hunting for sport. The drastic decrease in birds and near extinction of the Passenger Pigeons sparked national concerns. The Migratory Bird Treaty Act, or MBTA, of 1918 protected over 800 species of birds from being hunted, killed, or sold without explicit permission, (U.S. Fish & Wildlife Service). Today, it monitors and protects over 1,000 species and has restored dying bird populations like the Snowy Egret. The Endangered Species Act, or ESA, also assists in restoring and conserving living species in the United States (EPA, 2024). In 1973, the U.S. passed the ESA law protecting all endangered or threatened species. The ESA focuses on habitat restoration and recovery plans. Over 95% of species listed under the Act, are still thriving in our world today. Successes like these are what keeps acts funded and revised for all living life forms.
Restoration in habitats has played a significant role in decreasing biodiversity loss where sites are examined and monitored for several decades. It has been found that biodiversity loss is most significant in areas with high contamination and low soil and water quality. Protocols on hazardous wastes have been researched are cleaned up and disposed of properly. Unfortunately, there are past contamination sites that are flooded with hazardous chemicals resisting the battle of decreasing biodiversity loss. Successful biological growth is limited and put strains on nearby healthier communities. The U.S. now requires companies to go back to their past sites and clean up any leftover contaminate. CERCLA, Comprehensive, Environmental Response, Compensation, and Liability Act of 1980, addresses the harms being imposed on public health and the environment while holding emitters accountable (EPA, 2024). The U.S. is striving to provide a safe and healthy environment for all living organisms by limiting overuse and abuse of animals and habitat restoring. (BO)
It is required to have full attention and effort from all global powers to combat climate change. As a child, you learn that most things are done best together. In 1988, forty-six countries and all 198 of the United Nation members signed an agreement to limit the use of ozone-depleting substances known as The Montreal Protocol (US Department of States). The Montreal Protocol aimed to protect the stratospheric ozone layer which was thinning and forming a hole. This global agreement has restored the stratosphere ozone layer with complete recovery by 2050. In 1992, once again nations came together to strength environmental goals and suggested the reduction of greenhouse gases. The UNFCCC, the United Nations Framework Convention of Climate Change, signed an international treaty, the Kyoto Protocol, to reduce greenhouse gases in industrialized nations (United Nations Climate Change). This protocol is now regarded as the Paris Agreement, 2016, which now requires all countries to participate in lowering emissions that are increasing the global temperature. Political differences and economic gain have hindered the successes of the Paris Agreement. The U.S. and China are the greatest contributors in greenhouse gases and other hazardous emissions but remain resistant in signing. The U.S. signed the Paris Agreement back in 2016 under the democratic President, Barack Obama. In 2020, President Donald Trump withdrew from the agreement, but it was soon rejoined under the presidency of Joe Biden. Today, President Donald Trump has pulled out of the agreement once again. Allegiances and global efforts to fight climate change are highly politicized and reflects a party’s short-term objectives. (BO)
The oceans are outstanding absorptions for thermal heat and carbon dioxide emissions and releases the energy back into the climate. This feedback cycle implemented major protections for international waterways. The U.S. signed the London Protocol in 1996 that prevents unknown waste and other matter into the ocean, (EPA, 2025). This increased marine life, sea food quality, and coastal air pollutants. Eventually, pollutants were furthered reduced by better ship engineering. MARPOL, International Convention for the Prevention of Pollution from Ships, was established in 2008 to meet air emission standards and high efficiency levels (IMO). The environment will outlive the current humans using its resources today and will struggle through the consequences of our actions. The U.S. has made major strides in preserving land and biodiversity but fail to limit the major corporate contributors. Continued environmental regulation and policy will result in preventative damage control and meeting the SDGs by 2050. (BO)
Major Takeaways from US Environmental Regulation
The rise in greenhouse gases has affected more than just humans but the entire ecosystem. The constant industrial practices, work- the thing that helps us survive – is killing us too. Food quality is fluctuating, and animal populations are using up large loads of water and energy as the climate is rapidly changing. The EPA is striving for stricter regulations and searching for new alternatives and technologies to battle these challenges. But unfortunately, these challenges often hit the hardest in low income, minority neighborhoods. One of the most pressing and often overlooked aspects of climate change is its disproportional communities. These populations are more likely to live in areas with poor air and water quality, limited access to healthcare, and proximity to industrial zones, highways, or hazardous waste facilities. As climate-related disasters become more frequent and severe, these communities often lack the infrastructure and resources to respond effectively. Recognizing this, the EPA and other federal agencies have started incorporating justice work into their policies. Local governments and advocacy organizations are pushing for inclusive planning processes that give frontline communities a voice in environmental decision-making. (BO)
In 1982, a major environmental justice protest occurred in Warren County, North Carolina. American citizens, predominantly Black Americans, united against the state to fight against a proposed landfill in their county. Polychlorinated biphenyls, a highly persistent and toxic chemical known as PCBs, contaminated soil and needed disposal. Black, Indigenous, and other minority communities have always been subject to poor air quality and redlining. Highways, factories, business, and waste dumps are all high sources of pollutants and are purposely built in lower income communities. Citizens protested a highly toxic landfill in their communities for the safety of themselves and their families. Today, the struggle continues to ensure that no community is sacrificed for the convenience or profit of others. (BO)
The EPA has established that American citizens should have access to all hazard in their location. This information can be found on the EPA Website, once again upholding individual responsibility (EPA, 2025). In 2015, the information was offered in Spanish for the first time. Now, only English and Spanish are offered in a country with over 430 languages being spoken (Share America, 2023). It is unjust to recognize the importance in citizen awareness but not provide the resources to properly use and evaluate the information. Barriers like these are purposeful and are used to implement plans without rejection. (BO)
Figure 3. Iowa counties with the greatest exposure to pollutants. Iowa Environmental Council, 2025. (Story Maps)
Figure 3 is provided from the Iowa Environmental Council that highlights low income communities in red and shades the counties based on pollutant exposures. Exposure increases as color gradient darkens. It is evident that low income communities are predominately exposed to higher emissions of PM2.5, Ozone, and other toxic releases. A truly sustainable society must not only protect the planet but also uphold the dignity, health, and rights of all its people—regardless of race, income, or geography. These injustices will be furthered evaluated in the following case study. (BO)
CASE STUDY: The Proposal of a Nuclear Waste Repository within the Yucca Mountains
The Yucca Mountain located in Eureka County, Nevada is home to two major Indigenous tribes, Western Shoshone and Southern Paiute, for centuries creating strong cultural ties to the sacred claimed land. For the past two decades, the Yucca Mountain has been proposed for a nuclear waste site. The geological foundation, low groundwater table and semiarid climate makes the Yucca Mountain a great site to dispose and bury nuclear waste. Figure 4 indicates the location of the Indigenous tribes located in Nevada. Figure 5 are the proposed routes to dispose of nuclear waste. It is plain to see that the proposed routes and disposal location directly involves and affects the land and people in reservations. (BO)
Figure 4. Nevada Tribal Lands and Reservations, EPA 2011.
Figure 5. Yucca Mountain Nuclear Waste Repository, Eureka County 2006.
The Indigenous tribes have resented this proposal as it would be a continued to disruption to their sacred land and potential contamination spread raises health concerns. As politics are more divided and feral, choices like these are what makes environmental regulation personal. Nuclear waste disposal in the Yucca Mountains was shot down my former democratic President Barack Obama but later re-opened and advanced under President Donald Trump. A country built off freedom is still deserving of regulation and the well-being of all citizens should not be a privilege. (BO)
The potential nuclear waste disposal located in the Yucca Mountains embodies the systemic issues that make up environmental injustice. Western Shoshone and Southern Paiute Tribes have stressed the strong spiritual and cultural ties to their land and yet their feelings are completely disregarded in decision-making processes. Additionally, Figure 5 displays the amount of particulate matter in Nevada. As you can see, the counties exposed to the greatest amounts of PM2.5 are located in the areas of Indigenous homes and desired routes for the nuclear waste repository (NIRS, 2019). (BO)
Figure 5. PM2.5 Emissions by Nevada County, NIH 2019.
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