A Brief Introduction to Productive Environmental Law in the United States

10s of millions 1600

disasters with natural and human contributing factors
549 1889
dust bowl
1930s
Environmental law is meant to keep individuals, governments, and corporations BISON 30,000 today
from ruining what we all share
overhunting

california wildfires Missteps like these inform later policy

2018

problems people caused One billion+ 1600

747 million today
ACREAGE OF FOREST

oil spills logging

industrial pollution
1969 Cuyahoga River Fire

pipeline construction and water contamination

10 TANGIBLE STEPS FORWARD IN ENVIRONMENTAL LAW
in chronological order
1907 Georgia v. Tennessee Copper Company and Ducktown Sulphur

In this case, Georgia sues two mining companies for the

damage they are causing to Georgia land. Both operated
close to the border of Georgia and Tennessee and the 〝The state owns very little of the territory alleged to be
sulphurous acid gas emitted from them caused harm to affected, and the damage to it capable of estimate in money,
Georgian wildlife, agriculture, and citizens. From two
possibly, at least, is small 〞
quotes pulled from the court opinion, we can see old
beliefs of the law:

-States aren't private owners so shouldn't sue

-Law doesn't have to be 〝After the evil had grown greater in 1904 the state
brought a bill in this court. The defendants, however, already
Against these, Georgia wins its case and the companies were abandoning the old method of roasting ore in open heaps
are told to pay damages and modify their processes to and it was hoped that the change would stop the trouble. 〞
recapture chemical byproducts. This marks a shift in law
which gives more explicit power to states and doesn't
simple slap to the wrist
rely on simple slaps to the wrist.
 1916 National Park Service Established

This dedicated section of the US government designates

today 84.6 billion acres of land for preservation of
history and nature. The land set aside is patrolled by
rangers and open for appreciation by citizens while
being protected from industry and development.

Yellowstone was the first national

park to be established and also
serves as protected land for the
American Bison.
 1926 Salt Lake City Conducts Nation's First Large-Scale City Survey
on Air Pollution

Salt Lake City, Utah used chemical analysis to

understand the pollutants, systematically observed
densities and types of smoke for months, analyzed soot
with microscopes, collected air samples with planes at
different altitudes, and surveyed its population to
measure citizen fuel consumption. Ever since, the city
has flip flopped between heavily improving their air and
letting it slide back as public interest wanes. Still, the
concept of testing and methodology formed became
valuable blueprints for other cities.
Salt Lake City remains one of the most polluted cities in the US
 1933 The Emergency Conservation Work Act Passed Under FDR

This act created the Civilian Conservation Corps during the

Great Depression. Young unemployed and unmarried men
from cities could serve in this "peace-time army" and perform
manual labor across the nation: developing park lands,
reducing fire risk, planting trees, re-seeding grazing land, and
whatever other work federal and state land required. It
helped shape the parks system and build a generation
invested in their land's conservation.

The CCC planted 3.5 billion trees.

 1959 The Antarctic Treaty is Signed

This treaty protects Antarctica for scientific use, bans

military activity, and nuclear waste disposal. Its initial
formation meant preserving recently formed
cooperative relations between scientists of many
countries (including the Soviet Union and United
States) who had participated in the International
Geophysical Year prior. Today, 54 parties have signed,
representing an ongoing commitment to this piece of
land's protection and independence.

Mr. Walker, a previous teacher to

me and my siblings, in Antarctica
 1962 Silent Spring Introduces America to the Danger of Pesticides

Rachel Carson's nonfiction book was widely read

throughout the US. Informed by her background as a
biologist and zoologist as well as interviews with her
contemporaries and attendance at FDA hearings, she
warned the public of a future DDT and other biocides
(called such because of the wide array of organisms
harmed) could bring forth–– one where birdsong isn't
heard in spring. Her work directly led to the 1972 US ban
on DDT and helped the US population learn to balance
scientific advancement with careful consideration.
 197o Environmental Protection Agency Established

The EPA was formed to nationalize regulations and reduce

confusion, beginning with laws over what gets released in the
air, what pesticides are used, and the management of
wastewater. The EPA continues to be influential as technology
advances and our population grows, and is responsible for
controlling new issues as they arise.
 1977 Tennessee Valley Authority v. Hill et al.

The Tennessee Valley Authority is a government agency meant to, among

other things, provide flood protection. Hill had grown up with a strong
connection to the waters around him and. As a law student writing a
paper on Environmental Law he took advice from a biologist at his school
who told him the endangered snail darter would be hurt by the dam's
construction. Hill, along with his law professor and another senior
attorney. The crew won their case and the Tellico Dam was not built. This
served initially as a validation of the federal government's commitment to
the Endangered Species Act (1973.) Congress, however, exempted the
dam (allowing its construction to be completed) which closed its gates in
1979.

The snail darter is now classified as "Vulnerable" and of less concern than
endangered species since its transferral into the Hiwassee River.
 1987 The Montreal Protocol

This international treaty was made between an initial

46 countries (now 197) after the discovery of
compounds that destroy ozone molecules and the later
connection to a hole in the ozone shield over Antarctica.
The agreement to limit the use of these compounds has
helped the ozone layer repair itself, and climate change
would be happening significantly faster without it.
Today's global temperature would have been at least 25
percent hotter. Here's to hoping the globe works
together some more.

The hole
 2007 Massachusetts v. EPA

Massachusetts alongside eleven other states and 3 cities

sues the EPA over its failure to regulate CO2 and other
greenhouse gases emitted from new motor vehicles. The
EPA did not see it within their power and saw the
necessary link of the emissions to climate change as
wanting. The supreme court sided with Massachusetts
and required the EPA to regulate CO2 emissions if they
are found to be harmful. This case required the EPA to
act in a more nonpartisan way, regulating what it is
meant to regardless of political climate.