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STATUTES, REGULATIONS AND HELP
General Information General Administrative Laws The ESA Regulations Dealing with National Forests Wetland Regulations under the Clean Water Act NEPA EPA SEP: Supplemental Environmental Projects Environmental Justice Additional  Resources on the Web
General Information
Basics of Environmental Law: This is a long booklet that covers the fundamental principles of environmental law and how many legal situations that arise can be best handled. In HTML format, all footnotes have been lost from this version. How to Look up Laws and Cases: Here is a basic introduction to working through all those rows of books in law libraries and where to find cases , laws and regulations. How to prepare Yourself for Litigation: Covers issues of standing, building a file and finding a lawyer. Blowing the Whistle and Defending Yourself: Deals with researching company permits, what to do when you discover an environmental problem or crime and how to defend yourself against industry when they file a lawsuit (known as a SLAPP suit) against you to try to shut you up.
General Administrative Laws
Administrative Procedure Act Selected sections from the Federal APA, including the Equal Access to Justice Act's fees and costs provisions. The Freedom of Information Act (FOIA) Part of the APA. This link includes the FOIA, discussions on how to use it effectively and sample FOIA requests. A Citizen's Guide on Using the FOIA and Privacy Act Citizen Access to Government: Use of the Freedom of Information Act
The ESA
The Endangered Species Act (ESA) List of Endangered and Threatened Animals List of Endangered and Threatened Plants ESA Consultation Chart: Flowchart showing the process for ESA consultation.
Regulations Dealing with National Forests
Planning Regulations under the National Forest Management Act (NFMA) 36 C.F.R. 215 Forest Service Appeal Regulations, for appealing timber sales and other local decisions. Comment Chart: A flowchart showing the Forest Service project decision-making process and how to comment and interact with it. Appeal Chart: A flowchart showing the Forest Service appeals process. Primer on Timber Sale Appeals: A basic introduction on the legal arguments in timber sale appeals, with an example of an appeal that was successful. FOIA Request on a Proposed Timber Sale: An example of a FOIA request that can be sent on a proposed timber sale to get more information about it. Challenge Guidelines: Basic set of factors to consider and weigh when deciding whether to challenge a project of the Forest Service. Forest Service FOIA site: Find FS policy and rulings on FOIA requests. Forest Service Manual and Handbook: the inside-the-agency policies and procedures for how they do just about everything. Forest Service Appeals: Where they keep appeal decision from the various regions.
Wetland Regulations under the Clean Water Act
Section 404 of the Clean Water Act U.S. Army Corps of Engineers Wetland Fill Regulations 40 C.F.R. Part 230: The Army Corps must comply with these regulations from the EPA when it permits the filling of wetlands.
NEPA
National Environmental Policy Act (NEPA) Council on Environmental Quality (CEQ) NEPA Regulations Primer on NEPA NEPA Chart: A flowchart showing the basic NEPA process. NEPA Keys: The key points to look for and act on when reviewing a federal agency's NEPA compliance.
EPA
Here are EPA policy and guidance documents that the agency uses in enforcing various environmental laws: Model NOV: The model Notice of Violation (NOV) used by the EPA in Clean Air Act cases. Gives an idea of what notices like this look like. Hazardous Waste: EPA's Hazardous Waste Civil Enforcement Response Policy. EPA's Audit Policy: From the Federal Register, this is EPA's policy on how it handles environmental audits used by companies to identify problems at their facilities. Civil Money: EPA's Civil Monetary Penalty Inflation Adjustment Rule. Small Business: EPA's Policy on Compliance Incentives For Small Businesses. Small Communities: EPA's Policy on Flexible State Enforcement Responses to Small Community Violations. CERCLA Orders: EPA's guidance on the issuance of administrative orders under CERCLA (Superfund). EPA's Policy on Self-Policing EPA's FIFRA Enforcement Policy: Enforcement Response Policy for the Federal Insecticide, Fungicide, and Rodenticide Act. Underground Storage Tanks: EPA Penalty Guidance for Violations of Underground Storage Tank Regulations. Civil Penalties: EPA's "Policy on Civil Penalties," including "A Framework for Statute-Specific Approaches to Penalty Assessments: Implementing EPA's Policy on Civil Penalties."
SEP: Supplemental Environmental Projects
When EPA files an enforcement action against a company, they will negotiate the terms of the company's coming into compliance. Often, part of that negotiation is an attempt to get the company to voluntarily do an SEP, a project to benefit the environment such as creating a new wetland or buying some undisturbed wildlife habitat, to compensate for the company's past noncompliance. A SEP is voluntary but is looked upon with favor by the EPA and can be used to offset penalties. EPA SEP Approval Policy EPA's Model Consent Agreement for a SEP EPA's SEP Policy Guidelines
Environmental Justice
Exec. Order No. 12898: President Clinton's Executive Order on Environmental Justice Louisiana Energy Services: The first case anywhere (an administrative appeal before the Nuclear Regulatory Commission) that voided a facility's permit because of environmental justice issues.  Testimony of Dr. Robert Bullard: In the first case to prove racial discrimination in the siting of an industrial facility, Louisiana Energy Services (above), the claim was supported by the key testimony of Dr. Robert Bullard. Here is his testimony in that case.
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