Federal Preemption of State Environmental Law

In certain areas of environmental law, Congress will see fit to completely preempt states from acting. However, despite the power of the federal government to preempt states from acting in the field of environmental law, most federal environmental statutes recognize that the protection of the environment is in principle an appropriate area for the exercise of state police power to protect the health, safety, and welfare of state citizens.

The Great Lakes Regional Collaboration

In May of 2004, President George W. Bush signed Executive Order 13340 establishing a regional collaboration of national significance for the Great Lakes. The order recognized that the Great Lakes, the largest freshwater system in the world, are a "national treasure" that is important to preserve and protect.

The Antarctic Treaty of 1959

The Antarctic Treaty's first article declares that Antarctica is to be used for peaceful purposes only and that no activities of a military nature nor the testing of any weapons are to be conducted on the continent. The treaty provides that scientific freedom and cooperation is to be continued on Antarctica. The treaty also provides for the exchange of information regarding plans for scientific programs in Antarctica in order to permit maximum economy and efficiency of operations, the exchange of scientific personnel between expeditions and stations, and the exchange of scientific observations and results from research and experimentation on Antarctica.

Particulate Matter

Particulate matter is one of the six common pollutants--referred to by the Environmental Protection Agency (EPA) as "criteria pollutants"--for which the EPA sets air quality standards under the mandates of the Clean Air Act. Particulate matter is very fine particles of dust, dirt, soot, smoke, and liquid droplets that are suspended in the air. They can be emitted into the air in many different ways, including factories, power plants, incinerators, vehicles, construction sites, unpaved roads, and the burning of wood. Some particulate matter is formed by a reaction between certain substances in the air that is caused by sunlight.

The Surface Mining Control and Reclamation Act

The Surface Mining Control and Reclamation Act (SMCRA) was passed by Congress in 1977 to protect the environment from the detrimental effects of surface mining of coal and provide for the restoration of surface mining areas ("reclamation") to beneficial use once the coal is exhausted. The SMCRA also provides for the reclamation of coal mines abandoned before the enactment of the SMCRA.