Environmental Regulatory Framework: United States

This post presents an overview of the Environmental Regulatory Framework in the United States (U.S.). In practice, this framework is typically presented within environmental studies such as Environmental Impact Statements (EIS), Environmental Assessments (EA), Environmental Monitoring and Management Plans (EMMP), and Environmental Compliance Reports.

This overview outlines the key federal statutes, implementing regulations, executive orders, and guidance documents relevant to environmental impact statements, permitting, and compliance in the United States.

As with any regulatory review, applicability varies by project, and environmental studies should clearly justify which laws, approvals, and mitigation requirements apply based on project type, location, lead agency, and funding.

Regulatory Framework

The Environmental Regulatory Framework in the United States consists of federal statutes, implementing regulations (Code of Federal Regulations), executive orders, agency guidance, and state-level laws. The Environmental regulation in the U.S. is characterized by a federal–state partnership, where federal laws establish baseline standards and individual states may adopt more stringent requirements.

The framework governs environmental protection, natural resource conservation, pollution control, and public participation, and applies across project planning, construction, operation, and decommissioning phases.

Legal Basis & Environmental Authorities

Environmental protection in the United States is grounded in the U.S. Constitution, which grants Congress authority to regulate activities affecting interstate commerce. Based on this authority, Congress has enacted a comprehensive body of environmental legislation since the 1970s, forming the foundation of modern U.S. Environmental Law.

Environmental governance in the United States is led primarily by the U.S. Environmental Protection Agency (EPA), with implementation shared among federal, state, tribal, and local authorities.

The U.S. Environmental Protection Agency is the principal federal authority responsible for environmental regulation, standard setting, permitting oversight, and enforcement related to air, water, waste, chemicals, and pollution control.
Federal lead agencies (e.g., Federal Highway Administration, U.S. Army Corps of Engineers, Department of Energy, Bureau of Land Management) are responsible for implementing environmental review requirements for projects they fund, permit, or approve.
State environmental agencies administer delegated federal programs and enforce state-specific environmental laws.
Tribal governments may act as regulatory authorities on tribal lands under federal law.

Regulations

Unlike some jurisdictions, the U.S. does not have a single consolidated environmental code. Instead, environmental regulation is implemented through multiple separate laws known as ‘media-specific statutes’, each focused on a specific environmental medium or issue, and tied together by a procedural review framework (NEPA).

National Environmental Policy Act

The cornerstone of the U.S. environmental assessment framework is the National Environmental Policy Act (NEPA) of 1969. NEPA is both a federal law, establishing the procedural foundation for environmental decision-making by federal agencies, and an institutional framework through the Council on Environmental Quality (CEQ), which oversees and guides its implementation.

NEPA does not set environmental performance standards or mandate project approval or rejection; instead, it mandates that federal agencies evaluate, disclose, and consider environmental impacts before taking major federal actions. As a procedural statute, NEPA governs decision-making processes rather than outcomes, allowing agencies to proceed with projects once impacts are fully assessed and transparently justified.

Council on Environmental Quality

NEPA established the COQ (becoming a formal institution) to advise presidents on national environmental policy, support federal agencies in carrying out NEPA (the federal law), and oversee various environmental initiatives.

NEPA law is implemented through regulations issued by CEQ, which are codified in the Code of Federal Regulations (CFR) at 40 CFR Parts 1500–1508 (the legal ‘rulebook’ for NEPA procedures). This ‘rulebook’ formally codifies the procedural rules for conducting NEPA reviews, specifies how agencies must determine the significance of environmental consequences*, prepare the required documentation, and engage the public in the review process, ensuring a consistent and legally enforceable framework for environmental decision-making.

*Note: under the U.S. and NEPA framework, the term ‘environmental consequences’ is generally preferred over ‘impacts’.

In addition to CEQ regulations, individual federal agencies often maintain agency-specific NEPA procedures. These supplement the CEQ rules and provide additional guidance tailored to the agency’s sector or type of project, ensuring that NEPA reviews are both compliant with federal law and practical for specific contexts.

Applicability to Federal Actions

NEPA is not a blanket requirement for all activities in the United States. It applies only when there is both a major Federal action and when that action has the potential to significantly affect the quality of the human environment.

A major Federal action generally means that a federal agency is directly involved in a decision. This can include projects that are funded by a federal agency, require a federal permit or approval, are carried out on federal land, or involve the adoption of federal plans, programs, or policies. If a project is entirely private or handled solely at the state or local level, NEPA is usually not triggered.

Even when federal involvement exists, NEPA applies only if the action may result in significant environmental effects. Minor actions with no meaningful environmental consequences may be excluded through categorical exclusions, while actions with uncertain or potentially significant impacts require further analysis through an Environmental Assessment or Environmental Impact Statement.

Tiered Environmental Review System

NEPA establishes a tiered approach to environmental review, allowing the level of analysis to be proportionate to the anticipated environmental risk. While it differs in structure from the Environmental Impact Assessment (EIA) systems used in many other countries, this framework functions as the U.S. equivalent of an EIA process by ensuring environmental effects are evaluated before decisions are made:

Categorical Exclusions (CATEX) apply to classes of actions that have been determined not to individually or cumulatively result in significant environmental impacts.
Environmental Assessments/Finding of No Significant Impact (EAs) are concise analytical documents used to determine whether a proposed action may result in significant impacts.
Environmental Impact Statements (EISs) are comprehensive studies required when significant environmental impacts are anticipated.

This tiered system promotes regulatory efficiency while ensuring that environmentally significant actions receive in-depth review.

NEPA Process Overview

The NEPA process generally follows a structured sequence designed to ensure informed environmental decision-making:

Determination of Applicability: Assess whether a federal action triggers NEPA and the appropriate level of review (CATEX, EA, or EIS).
Scoping: Identify key environmental issues, alternatives, and study boundaries, incorporating input from agencies and the public.
Environmental Study Preparation: Develop an EA or EIS analyzing potential impacts, mitigation measures, and alternatives.
Public Review and Comment: Release draft documents for stakeholder review during formal comment periods.
Decision-Making: Issue a Finding of No Significant Impact (FONSI) for an EA or a Record of Decision (ROD) for an EIS.
Mitigation and Monitoring: Implement required mitigation measures and, where necessary, conduct post-decision monitoring.

Media-Specific Environmental Laws

While NEPA provides the procedural framework for federal environmental review, it is not the overarching rule for environmental standards – those are established by the media-specific laws. In the United States, these statutes focus on particular “media” or types of environmental resources (e.g., air, water, land, waste, and chemicals), rather than addressing all environmental issues in a single, integrated law.

These laws set enforceable standards, permitting requirements, and compliance mechanisms for specific environmental media. Although NEPA often refers to these statutes, it does not replace them; environmental assessments prepared under NEPA typically cite the relevant laws to demonstrate regulatory compliance and identify necessary permits, approvals, and mitigation measures.

Air Quality and Atmospheric Protection

Clean Air Act (CAA): regulates air emissions from stationary and mobile sources and establishes National Ambient Air Quality Standards (NAAQS) for criteria pollutants. The CAA requires air permitting , regulates hazardous air pollutants, controls vehicle emissions, and addresses regional issues such as acid rain and ozone depletion.
Energy Policy Act (selected provisions): includes air-quality-related provisions affecting fuel standards, emissions controls, and energy production technologies, particularly for power generation and transportation sectors.

Water Resources and Aquatic Environment

Clean Water Act (CWA)
Regulates discharges of pollutants into waters of the United States and establishes surface water quality standards. Key permitting mechanisms include the National Pollutant Discharge Elimination System (NPDES), Section 401 water quality certification, and Section 404 dredge and fill permits administered by the U.S. Army Corps of Engineers.
Safe Drinking Water Act (SDWA)
Protects public drinking water supplies by establishing national drinking water standards and regulating underground injection activities through the Underground Injection Control (UIC) program.
Rivers and Harbors Act (Section 10)
Regulates structures and work affecting navigable waters, including dredging and construction activities, often in coordination with CWA Section 404 permitting.

Waste Management and Contaminated Land

Resource Conservation and Recovery Act (RCRA)
Governs the generation, transportation, treatment, storage, and disposal of hazardous and non-hazardous solid waste. RCRA establishes cradle-to-grave management requirements and corrective action obligations for contaminated facilities.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA / Superfund)
Addresses the cleanup of contaminated sites and assigns liability to responsible parties. CERCLA also imposes reporting obligations for hazardous substance releases and is frequently relevant to brownfield redevelopment projects.
Brownfields Revitalization Act
Provides mechanisms and funding for the assessment and cleanup of lightly contaminated sites to promote redevelopment while managing environmental risks.

Chemical Management and Industrial Substances

Toxic Substances Control Act (TSCA)
Regulates the manufacture, import, use, and disposal of chemical substances. TSCA authorizes EPA to require chemical testing, impose restrictions, and evaluate risks associated with new and existing chemicals.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Governs the registration, distribution, sale, and use of pesticides to ensure protection of human health and the environment.

Noise and Vibration

Noise Control Act
Establishes national policies to promote an environment free from harmful noise and authorizes the regulation of noise emissions from products and activities. Although federal enforcement is limited, noise considerations are often addressed under NEPA, particularly for transportation and infrastructure projects.

Radiation and Hazardous Materials

Atomic Energy Act
Regulates the use and disposal of radioactive materials and nuclear facilities, with environmental oversight shared among federal agencies including the Nuclear Regulatory Commission (NRC) and EPA.
Emergency Planning and Community Right-to-Know Act (EPCRA)
Requires reporting of hazardous chemical storage and releases, supporting community awareness and emergency preparedness.

Integration with NEPA

While NEPA provides the overarching environmental review framework, these media-specific statutes establish binding environmental standards and permit requirements. NEPA analyses typically reference these laws to:

Identify applicable regulatory thresholds and criteria
Assess compliance with permit requirements
Define mitigation and monitoring measures
Support agency decision-making and public disclosure

Together, NEPA and the media-specific environmental statutes form a comprehensive, multi-layered regulatory system for environmental protection in the United States.

Nature Conservation and Biodiversity Legislation

The country has a robust legal framework for the protection of biodiversity, wildlife, habitats, and cultural resources, implemented through a combination of species-specific, habitat-based, and resource management statutes.

These laws establish substantive environmental obligations, such as protecting endangered species, conserving critical habitats, and safeguarding culturally significant sites.

Conservation and biodiversity laws operate along NEPA and media-specific statutes. They are often integrated into the NEPA process through consultations, permitting, and impact avoidance.

Environmental assessments reference these statutes to minimize harm to species, habitats, and cultural resources, creating a layered system that combines procedural review, media-based standards, and conservation protections.

Conservation laws are primarily managed by federal and state agencies, depending on the statute and the resource. Key federal authorities include:

U.S. Fish and Wildlife Service (USFWS): oversees terrestrial and freshwater species, migratory birds, and some marine mammals. USFWS implements laws like the Endangered Species Act and the Migratory Bird Treaty Act.
National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries: responsible for marine species, fisheries, and marine mammals. It implements ESA provisions for marine species, the Magnuson–Stevens Fishery Conservation and Management Act, and issues Incidental Take Authorizations.
State wildlife and natural resources agencies: each state has agencies managing state-listed species, habitats, and state parks. They often coordinate with federal authorities on permits, consultations, and conservation plans.
Tribal governments: on tribal lands, tribes may act as regulatory authorities, integrating traditional ecological knowledge and enforcing protections for culturally significant resources.

These agencies issue regulations, guidance, and permits, and conduct formal consultations to ensure projects comply with conservation laws.

Some of key U.S. statutes governing biodiversity and natural resources include:

Endangered Species Act

The Endangered Species Act (ESA) is the primary federal law for the conservation of threatened and endangered species and the ecosystems upon which they depend. The ESA prohibits the “take” of listed species and requires federal agencies to ensure that their actions do not jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat.

Under Section 7 of the ESA, federal agencies must consult with the USFWS and/or the NMFS when a proposed action may affect listed species or critical habitat. Consultation may result in a Biological Opinion, which determines whether the action is likely to cause jeopardy and may prescribe reasonable and prudent measures to minimize impacts.

Marine Mammal Protection Act

The Marine Mammal Protection Act (MMPA) provides comprehensive protection for marine mammals in U.S. waters and by U.S. citizens on the high seas. The Act generally prohibits the harassment, hunting, capture, or killing of marine mammals, with limited exceptions.

Projects with potential marine impacts (e.g., offshore construction, seismic surveys, port development) may require Incidental Take Authorizations (ITAs) issued by NMFS or USFWS. Environmental assessments must evaluate underwater noise, vessel traffic, and habitat disturbance, and incorporate mitigation measures such as exclusion zones and seasonal restrictions.

Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) implements international treaties for the protection of migratory birds. The Act makes it unlawful to pursue, hunt, take, capture, kill, or possess protected bird species, their nests, or eggs without authorization.

Although the MBTA does not require formal consultation, NEPA reviews commonly assess potential impacts to migratory birds and incorporate avoidance and minimization measures, such as timing restrictions on vegetation clearing and design modifications to reduce collision risks.

Magnuson–Stevens Fishery Conservation and Management Act

The Magnuson–Stevens Act governs the conservation and management of marine fisheries resources within U.S. federal waters. A key provision relevant to project development is the protection of Essential Fish Habitat (EFH).

Federal agencies must consult with NMFS when a proposed action may adversely affect EFH. Environmental assessments must identify affected habitats, evaluate impacts on fish life stages, and incorporate conservation measures to avoid or minimize adverse effects.

Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act (FWCA) requires federal agencies to consult with USFWS and state wildlife agencies when projects modify water bodies or involve water resource development. The Act ensures that wildlife conservation receives equal consideration alongside development objectives.

FWCA consultation often complements Clean Water Act and NEPA reviews, particularly for projects involving dams, diversions, and wetland modification.

National Historic Preservation Act

The National Historic Preservation Act (NHPA) protects historic and cultural resources, including archaeological sites, historic buildings, and traditional cultural properties. Section 106 of the NHPA requires federal agencies to consider the effects of their undertakings on historic properties listed or eligible for listing in the National Register of Historic Places.

The Section 106 process involves consultation with State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), Native American tribes, and other stakeholders. Cultural resource assessments and mitigation measures (e.g., data recovery, site avoidance) are often coordinated with NEPA documentation.

Coastal and Marine Conservation Laws

Additional statutes frequently relevant to coastal and marine projects include, but are not limited to:

Coastal Zone Management Act (CZMA)
Requires federal actions affecting coastal zones to be consistent with approved state coastal management programs.
Coral Reef Conservation Act
Promotes conservation of coral reef ecosystems and supports impact assessment and mitigation measures.
National Marine Sanctuaries Act
Protects designated marine sanctuaries from activities that could damage ecological, cultural, or aesthetic resources.

Protected Areas and Public Lands

The nature conservation and biodiversity legislation mainly focus specific species, habitats or ecological resources, and apply wherever species or habitat exist, across public or private land.

Additional conservation and land management statutes are applicable to manage land or implement land-use restriction in federally designated areas, e.g., National Parks, National Wildlife Refuges, Wilderness Areas, Bureau of Land Management lands.

These laws are considered as protected area/public land laws, and regulate activities to specific land to conserve ecological, cultural, and recreational values, sometimes including additional species protection. These laws directly influence project feasibility and design.

Environmental Permitting and Compliance

Environmental permitting and compliance in the United States is statute-driven, multi-layered, and project-specific, reflecting the decentralized structure of U.S. environmental law.

Unlike jurisdictions with a single integrated environmental permit, U.S. projects typically require multiple permits and approvals issued under different federal and state statutes, often administered by different agencies.

This means that each media-specific statute can trigger its own permitting requirements if a project affects the resources it regulates. The actual permits and approvals are issued by the federal (or state) agencies that regulate specific environmental “media” or resources. For example:

Clean Air Act (CAA) → permits for air emissions, issues by EPA or delegated state agencies.
Clean Water Act (CWA) → permits for discharges to waters, issued by EPA and U.S. Army Corps of Engineers for water discharges or wetland impacts.
Endangered Species Act (ESA) → permits are issued by federal wildlife agencies, depending on the species and type of action, for example USFWS for terrestrial and freshwater species, or NMFS for marine species.
Resource Conservation and Recovery Act (RCRA) → permits for hazardous waste handling or disposal, issued by EPA or authorized state agencies.

The key point is that there is no single, overarching environmental permit. A project might need several permits simultaneously, each issued under a different statute by a different agency.

NEPA does not issue permits itself, but NEPA reviews (EAs or EISs) provide the environmental information and impact analysis that agencies rely on to issue those permits, and they often integrate mitigation measures into permit conditions.

Key features in the permitting process include:

Determination of NEPA applicability: The federal agency acting as the lead agency determines whether a proposed federal action triggers NEPA and identifies the appropriate level of review (Categorical Exclusion, EA, or EIS). This decision establishes the scope and depth of subsequent environmental analysis.
Preparation of environmental documentation: The project proponent or consultants typically prepare the EA or Draft EIS, under the direction and oversight of the lead agency. Environmental consequences are evaluated against NEPA requirements and applicable media-specific laws during this process.
Scoping: The lead agency initiates the scoping process – often by publishing a Notice of Intent (NOI) for an EIS in the Federal Register– to identify key environmental issues, study boundaries, and potential alternatives early in the review.
Interagency and public consultation: The draft document is circulated to other federal, state, and local agencies, tribal governments, and the public for review and comment. This step ensures that critical environmental issues, alternatives, and mitigation measures are identified before finalizing the study. At this point, the regulatory agencies review the document to determine what permits and conditions will be required.
Mitigation measures and permit integration: comments and mitigation measures proposed during the consultation are then incorporated within the NEPA document as enforceable conditions in the permits that will be issued later by the relevant regulatory agencies.
Decision and completion of NEPA review: NEPA review is concluded when the lead agency issues a Record of Decision (ROD) for an EIS or a Finding of No Significant Impact (FONSI) for an EA. This signals that the environmental review process is completed and that the agency has considered environmental consequences and proposed mitigation.
Permit issuance by other agencies: once NEPA decision is issued by the lead agency, the relevant federal and state agencies can formally grant permits – issued as official approvals. This approval may include enforceable conditions.
Coordination for complex projects: For large or complex projects, the lead agency may coordinate NEPA review and permitting schedules, often formalized through interagency agreements or memoranda of understanding, to streamline decision-making while ensuring compliance with environmental requirements.

Note that the lead agency is legally responsible for the NEPA process. It determines the applicability, scope and adequacy of the analysis – sort of owning the process, controlling the content, and approving the document.

However, in practice, the project proponent usually hires environmental consultants to prepare the technical content of the document, and the lead agency review, revises if necessary, and ultimately signs off the NEPA document.

State and Local Environmental Requirements

In addition to federal law, state and local governments may impose independent environmental assessment and permitting requirements. Projects must comply with both federal and applicable state/local requirements, with the more stringent standard typically prevailing. Some states operate NEPA-equivalent systems, such as:

California Environmental Quality Act (CEQA)
New York State Environmental Quality Review Act (SEQRA)
Washington State Environmental Policy Act (SEPA)

Environmental Standards and Criteria

Environmental assessments in the U.S. reference a wide range of regulatory standards, which establish the thresholds, limits, and performance requirements that projects must meet to comply with federal and state laws.

These standards cover multiple environmental media and resources, including air quality, water quality, soil and groundwater contamination, noise, ecological and habitat protection, and public health.

Assessments use these criteria to evaluate potential environmental consequences, determine whether proposed actions are likely to exceed regulatory limits, and identify necessary mitigation measures. Some of these standards include:

National Ambient Air Quality Standards (NAAQS)
Water quality criteria and effluent limitations
Noise thresholds
Soil and groundwater cleanup criteria
Ecological and habitat protection thresholds

Where applicable, assessments may also reference international best practice, particularly for internationally financed or large infrastructure projects.

International and Cross-Border Considerations

The U.S. is a party to multiple international environmental agreements and conventions – meaning it has signed and ratified them, or otherwise participates officially through legislative approval or executive agreement and implementation:

Global Multilateral Treaties and Conventions

United Nations Framework Convention on Climate Change (UNFCCC): A foundational global treaty to address climate change and stabilize greenhouse gas concentrations.
Paris Agreement (under the UNFCCC): The U.S. ratified this climate pact (though participation has varied with administrations).
Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer: Frameworks to protect the stratospheric ozone through controls on ozone‑depleting substances.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Regulates trade in threatened species to protect biodiversity.
London Convention (1972) / London Protocol: Agreements to control marine pollution by regulating dumping of wastes at sea.
United Nations Convention to Combat Desertification (UNCCD): Global framework to prevent and mitigate desertification and drought impacts.
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (part of London Convention): Focuses on marine environmental protection.

Regional and Bilateral Environmental Agreements

North American Agreement on Environmental Cooperation (NAAEC): Environmental side agreement to trade frameworks with Canada and Mexico.
U.S.–Canada Air Quality Agreement: Bilateral accord addressing transboundary air pollution.
Convention on Long‑Range Transboundary Air Pollution (LRTAP) and its protocols: Regional treaty to reduce air pollution across national borders.
Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic: Regional cooperation among Arctic Council states on marine pollution.
Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention): Framework for Caribbean marine environmental protection.

Cross-border projects may also trigger transboundary impact assessments and coordination with neighboring countries, including the U.S.-Canada International Joint Commission (IJC) agreements on shared waters, and La Paz Agreement governing environmental cooperation along the U.S.-Mexico border.

Other International Frameworks That Influence U.S. Policy

While not always formal parties, the U.S. often participates in or supports international initiatives that influence domestic policy:

International Convention for the Prevention of Pollution from Ships (MARPOL): Regulates shipping emissions and marine pollution standards.
Global efforts on plastics pollution and new UN treaties (e.g., plastics treaty negotiations): U.S. participates in discussions even if final ratification has not occurred.

Note: The U.S. has not ratified some significant environmental treaties, such as the Basel Convention on hazardous wastes, the Rotterdam Convention on hazardous chemicals, and the Stockholm Convention on persistent organic pollutants – often due to domestic legal or policy considerations that would require enabling legislation.

International Guidelines and Best Practice

In addition to domestic environmental legislation, the United States often aligns with international environmental and social standards for projects involving multinational financing, cross-border impacts, or private-sector investments:

Equator Principles (EPs): Many U.S.-based banks and financial institutions adopt these voluntary standards to manage environmental and social risks in major projects. EPs require projects to implement Environmental and Social Impact Assessments, stakeholder engagement, and mitigation strategies, often exceeding local regulatory requirements.
IFC Performance Standards: U.S. companies involved in international projects often follow these standards to meet investor or lender conditions. They set best-practice requirements for biodiversity protection, pollution prevention, labor and occupational health, community engagement, and resource efficiency.
World Bank Environmental and Social Safeguards: U.S. developers or contractors participating in World Bank-financed projects are required to comply with policies addressing land acquisition, resettlement, natural habitats, indigenous peoples, and pollution management. These safeguards ensure that environmental and social risks are mitigated and sustainable development principles are applied.
ISO 14001: A voluntary international standard for Environmental Management Systems (EMS). Widely adopted by U.S. and global companies to systematically manage environmental risks, reduce pollution, improve resource efficiency, and demonstrate sustainability performance to stakeholders.
ISO Biodiversity Standards (emerging): New ISO standards providing guidance for measuring, managing, and reporting biodiversity impacts. Support corporate alignment with Biodiversity Net Gain, ESG goals, and international best practices, increasingly relevant for projects with environmental and social responsibilities.

Did you know that the U.S. does not follow a typical EIA System? Learn more about it in this post:

EIA System worldwide Vs. U.S. NEPA Model

The Environment Consultant

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