Congressional Research Service Reports - 96 Matching Results

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Environment and the World Trade Organization (WTO) at Seattle: Issues and Concerns: This meeting of the decision making body of the WTO was expected to make decisions that would lead to another round of negotiations on a wide variety of trade rules and related issues. Although the United States continues to assert the necessity of pursuing the twin goals of free trade and environmental protection and to argue that these need not be in conflict, controversy remains over how the multilateral trading system should address the specifics of environmental issues.
Superfund Act Reauthorization: Liability Provisions of Leading Congressional Proposals: Congress is currently seeking to reauthorize and amend the Superfund Act (Comprehensive Environmental Response, Compensation and Liability Act, or "CERCLA"). This report targets the liability issues addressed in the two House committee-reported bills, H.R. 1300 and H.R. 2580, and the House Committee on Commerce's minority substitute offered by Representative Towns. Senate bills are not covered at this time because the Senate has decided to wait until the House acts.
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2000: Although Congress authorizes most federal programs for multiple years, it annually authorizes programs for national defense as well as appropriating funding for them each fiscal year. Of the activities traditionally authorized and funded, the Department of Defense (DOD) administers the following six environmental programs: environmental restoration, compliance, cleanup at base closure sites, pollution prevention, environmental technology, and natural resource conservation.
Environmental Protection Agency: FY2000 Budget Issues: State and local wastewater and drinking water capital needs were the most prominent budgetary issues. Senate and House authorizing and appropriating chairmen expressed concern over the requested 17% decrease in the State and Tribal Assistance Grants account from $3.41 billion in FY1999 to $2.84 billion in FY2000. The conference agreement on H.R. 2684 provides a total of $3.47 billion. For clean water state revolving funds, the conference committee approved the Senate's level of $1.35 billion, about $175 million more than the House approved and roughly $550 million more than requested. The conference agreement included $332 million for special project grants, about $73 million more than the House's proposal, roughly $232 million more than the Senate approved, and about $304 million more than requested. For drinking water state revolving funds, the conference committee approved $820 million, $45 million more than the House's amount and $5 million less than the Senate approved and the President requested. The conference committee also approved the Administration's request of $885 million for state and tribal administrative grants, which is roughly the same as the amount enacted for FY1999.
Highway Fund Sanctions and Conformity Under the Clean Air Act: This report discusses two Clean Air Act provisions that can result in denial of federal highway funding to local areas: sanctions and the lapse of what is called "conformity." Under the Clean Air Act, the Administrator of the Environmental Protection Agency is required to impose highway fund or other sanctions on areas that have not submitted or not implemented adequate plans to attain air quality standards. In addition, federal agencies may not provide financial support to transportation improvements in areas that have not attained air quality standards, unless the improvements conform with the State Implementation Plan for achieving air quality. This report provides information concerning the authority to impose sanctions and to make conformity determinations, lists the areas that have been subject to sanctions determinations since 1990, describes their current status, and discusses the role of sanctions and alternatives under the Act. This report will be updated as developments warrant.
Superfund Reauthorization: A Summary of H.R. 1300, as Reported: The Superfund reauthorization bill, H.R. 1300, was ordered reported by the House Transportation and Infrastructure Committee on August 5, 1999, and now goes to the Commerce Committee, which shares jurisdiction. Title I authorizes programs to assess and clean up brownfields, provides funding for state voluntary cleanup programs, and prohibits federal enforcement at sites cleaned up under state law. Community participation in decision-making is promoted by Title II, and the duties of the Agency for Toxic Substances and Disease Registry are re-focused.
Preemption Language in Federal Environmental Statutes: This report compiles the provisions in federal environmental statutes that explicitly state whether Congress intended to preempt state law.
Global Climate Change Policy: Domestic Early Action Credits: This report discusses the global climate change policy and proposals to allow credit for early actions to reduce emissions.
The Role of Designation of Critical Habitat under the Endangered Species Act: On June 14th, 1999, the Fish and Wildlife Service (FWS) called for public comment on its current procedures for designating critical habitat. In addition, a proposal is before the Senate (S.1100) to move the time at which critical habitat must be designated for a species under the Endangered Species Act (ESA) from being (basically) concurrent with the listing of the species to the time a recovery plan is finalized for that species. This report is written as background for considering the current legislative proposal and the FWS notice and may be updated as circumstances warrant.
Global Climate Change: Coal Use in China and Other Asian Developing Countries: Report discussing factors behind China's planned reliance on coal for future energy growth, including background information, factors in Asian coal use trends, Asian and world energy demands, the Asian coal and world markets, CO2 emissions trends, projected energy supply and emissions from other sources, and general conclusions regarding the issues.
Air Quality: EPA's Ozone Transport Rule, OTAG, and Section 216 Petitions - A Hazy Situation?: The 1990 Clean Air Act Amendments provided the Environmental Protection Agency (EPA) and the states with new tool to address the problem of interstate transport of air pollutants. This report discusses the actions undertaken as a direct result of this act, additional pollution reduction enforcement measures pursued by the EPA, and actions undertaken by states to reduce offending emissions not in compliance with these measures.
Accident Prevention under the Clean Air Act Section 112(r): Risk Management Planning by Propane Users and Internet Access to Worst-Case Accident Scenarios: This report briefly describes two issues associated with EPA implementation of risk management planning requirements in the Clean Air Act Section 112(r): whether dealers and distributors of propane and other flammable fuels should be covered by the law, and whether electronic access to off-site consequence analyses (OCA), and especially worst-case analyses, should be restricted to avoid misuse by terrorists or criminals. These issues are addressed by S. 880, as reported, and H.R. 1301 in the 106th Congress. The statutory requrrements and EPA implementation to date also are described. Covered facilities must submit risk management plans by June 21, 1999. This product will be updated when events warrant. For information on the status of legislation, see CRS Issue Brief lB10004, Clean Air Act Issues in the 106th Congress.
The D.C. Circuit Remands the Ozone and Particulate Matter Clean-Air Standards:: On May 14, 1999, in American Trucking Ass'ns v. EPA, a U.S. court of Appeals ruled that deficiencies in EPA's promulgation of new primary and secondary air quality standards required that they be remanded to the agency for further consideration. The decision is controversial, in part because the two-judge majority opinion relied principally on a long-moribund legal doctrine known as the nondelegation doctrine. The decision, if it survives appeal, will thus have implications for all delegations of congressional authority to agencies. In addition, its holding that the revised ozone ambient standard cannot be enforced has sparkled debate. By itself, however, the decision is unlikely to have major short-term effects on the ozone and particulate matter control programs
Clean Air Act Permitting: Status of Implementation: The 1990 Clean Air Act amendments established an operating permit system that is affecting many new and existing sources of air emissions, as well as state and local air pollution control agencies. After delays and early missteps, the operating permit program is moving ahead. All state and local programs have received interim or full approval, and permits are being issued, although at a slower rate than anticipated. However, a number of issues exist. These include the effect of key federal regulations, not yet promulgated, on permit programs and regulated sources; adequacy of state resources; gaining full approval for those permit programs that now have interim approval; and oversight.
Animal Waste Management and the Environment: Background for Current Issues: This report addresses the Background and the then current issues related to Animal Waste Management and the Environment.This background report describes the livestock production industry along with the public health and environmental concerns related to the industry.
The Commerce Clause as a Limit on Congressional Power to Protect the Environment: Several times during the 1990s the Supreme Court struck down federal enactments as exceeding Congress' power under the Commerce Clause or Tenth Amendment. This report briefly reviews three of these decisions -- United States v. Lopez, New York v. United States, and Printz v. United States. Its focus, however, is how these cases have played out in subsequent lower-court challenges to federal environmental laws. The report shows that Supreme Court rulings in favor of these states notwithstanding, such laws have generally, though not always, been found within Commerce Clause and Tenth Amendment limits.
Clean Air Act Issues in the 105th Congress: This Issue Brief discusses clean air issues that arose in the 105th Congress. CRS Issue Brief IB10004 addresses the 106th Congress.
Right to a Clean Environment Provisions in State Constitutions, and Arguments as to a Federal Counterpart: The issue arises occasionally whether it might be desirable to amend the U.S. Constitution to add an environmental provision - such as one declaring an individual right to a clean environment. Some attention was given this issue during the 1970s, when over a dozen states adopted clean environment or other environmentally oriented provisions in their constitutions. Our focus here is solely personal right to a clean environment provisions and the questions they raise. Are they self-executing, or dependent instead on implementing legislation? Do they create private rights of action? If so, on whose behalf, for what remedies, and against what categories of defendants? What is the standard to be enforced, and the level of proof needed to show injury? And so on. All these issues would arise as well were a federal-right-to-a-clean-environment provision to be proposed. In addition, a federal provision would implicate federalism concerns if its scope exceeded that of the Commerce Clause.
Leaking Underground Storage Tank Cleanup Issues: Nationwide, more than 370,000 leaks from underground storage tanks (USTs) have been detected, and the Environmental Protection Agency (EPA) projects that many more could be confirmed as older tanks are upgraded, replaced, or closed to meet regulations that went into effect on December 22, 1998.
Safe Drinking Water Act Amendments of 1996: Overview of P.L. 104-182: The 104th Congress made extensive changes to the Safe Drinking Water Act (SDWA) with the Safe Drinking Water Act Amendments of 1996 (P.L. 104-182), bringing to a close a multi-year effort to amend a statute that was widely criticized as having too little flexibility, too many unfunded mandates, and an arduous but unfocused regulatory schedule. Among the many changes to the SDWA, the 1996 amendments added provisions to provide funding to communities for drinking water madates, focus regulatory efforts on contaminants posing health risks, and add some flexibility to the regulatory process
Global Climate Change: The Energy Tax Incentives in the President's FY2000 Budget: This report discusses the FY2000 budget, which includes several energy tax incentives intended to reduce greenhouse gasses linked to possible global warming.
Global Climate Change: Congressional Concern About "Back Door" Implementation of the 1997 U.N. Kyoto Protocol: This report discusses legislation and issues relating to global climate change, some legislation and some FY1999 appropriations bills were used as vehicles for explicit congressional direction to the executive branch about possible "back door" implementation of the Kyoto Protocol.
Environmental Risk and Cost-Benefit Analysis: A Review of Proposed Legislative Mandates, 1993-1998: Between 1993 and 1998 Congress considered many proposals that aimed to increase or improve the use of risk analysis by federal agencies, especially in developing environmental rules. This report describes differences and similarities among selected provisions of key proposals: Senate-passed Johnston amendments to S. 171 and S. 2019 in the 103rd Congress; S. 343, as reported by the Committee on the Judiciary, in the 104th Congress; House-passed H.R. 9 in the 104th Congress; S. 981, as reported by the Committee on Governmental Affairs, in the 105th Congress, and S. 1728, as introduced, in the 105th Congress.
Global Climate Change: Carbon Emissions and End-Use Energy Demand: This report presents an analysis of the potential impacts of the Kyoto Protocol on U.S. energy demand. The analysis focuses on 27 common end-uses — light duty vehicles, residential space heating, industrial direct process heat, etc. — that describe the way energy is used in the United States
Environmental Reauthorizations and Regulatory Reform: From the 104th Congress to the 106th: The 104th Congress pursued efforts to reform environmental regulations on several fronts: (1) revising regulatory decision making processes; (2) attaching specific reforms to funding bills; (3) establishing a House corrections day calendar of bills addressing specific regulatory problems; and (4) incorporating regulatory reforms into individual program reauthorization bills. The 105th Congress has pursued regulatory reform in four primary directions: (1) proposals to establish a comprehensive cost-benefit/risk analysis framework for regulatory programs, (2) private property “takings” initiatives, (3) amendments and reforms directed at individual environmental statutes, and (4) oversight of environmental programs.
The Future of the Citizen Suit After Steel Co. and Laidlaw: Two recent court decisions have called into question the viability of environmental citizen suits. In Steel Co., the Supreme Court denied plaintiff standing in a citizen suit where the defendant came into compliance after plaintiff sent its notice of intent to sue, but before it filed the complaint. Subsequently, the Fourth Circuit in Laidlaw invoked mootness doctrine to extend Steel Co.
Environmental Protection Agency: An Analysis of Key FY1999 Budget Issues: On February 2, 1998, the President requested $7.8 billion for the Environmental Protection Agency (EPA) in FY1999. The Senate Appropriations Committee reported S. 2168 (S.Rept. 105-216) on June 12; the full Senate passed the bill on July 17. The House Committee reported H.R. 4194 (H.Rept. 105-610) on July 8, 1998; the full House passed it on July 29; and the Senate passed it on July 30 after incorporating S. 2168's provisions. During the week of October 6, the House and Senate approved the conference report, H.Rept. 105-769, which includes $7.5 billion, thus clearing the bill for the President's signature of October 21 (P.L. 105-276). The Omnibus Appropriations Act (P.L. 105-277) added $30 million more in FY1999 funds.
Clean Water Act Issues in the 106th Congress: In the 106th Congress, no comprehensive activity on reauthorizing the Clean Water Act occurred, although a number of individual clean water bills were enacted. Other issues have been debated recently, such as reforming the law to provide regulatory relief for industry, states and cities, and individual landowners. The debate over many of these issues highlights differing views of the Act and its implementation by some who seek to strengthen existing requirements and others who believe that costs and benefits should be more carefully weighed before additional control programs are mandated.
Environmental Protection Legislation in the 105th Congress: The 105th Congress enacted tax provisions relating to Superfund brownfields sites, transportation- and defense-related environmental provisions, a border smog bill, EPA funding as well as reinstating the tax that supports the Leaking Underground Storage Trust Fund. There were various actions on regulatory reform, the budget resolution, appropriations, highway- and defense-related environmental provisions, Superfund reform bills and underground storage tanks. It is too early to tell if these will be issues for the 106th Congress.
Clean Water Act Reauthorization in the 105th Congress: In the 105th Congress, legislation to reauthorize the Clean Water Act was not been introduced, and no major House or Senate committee activity occurred. EPA and states' water quality inventories have identified wet weather flows (including agricultural runoff, urban storm water, and sewer overflows) as the largest remaining threat to water quality. EPA's clean water programs are now focusing to a large extent on solving wet weather pollution problems. These issues may be addressed legislatively, as well. At issue is whether and how to detail wet weather programs in the Act versus allowing flexibility that recognizes the site-specific nature of intermittent wet weather pollution.
Clean Water Act Section 401: Background and Issues: Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The dispute between states and industry groups was a legislative issue in the 104th Congress through an amendment to a House-passed Clean Water Act re-authorization bill; the Senate did not act on that bill.
National Environmental Education Act of 1990: Overview, Implementation, and Reauthorization Issues: The National Environmental Education Act of 1990 (P.L. 101-619) established a program within the Environmental Protection Agency (EPA) to increase public understanding of the environment. The program awards grants for developing environmental curricula and training teachers, supports internships and fellowships to encourage the pursuit of environmental professions, selects individuals for environmental awards, and sponsors workshops and conferences.
Global Climate Change: Three Policy Perspectives: This paper examines three reasonably distinct starting points from which a U.S. response to the 1992 U.N. Framework Convention on Climate Change is being framed.
Global Climate Change Treaty: The Kyoto Protocol: Negotiations on the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) were completed December 11, 1997, committing the industrialized nations to specified, legally binding reductions in emissions of six "greenhouse gases." This report discusses the major provisions of the Kyoto Protocol.
Environmental Protection: Defense-Related Programs: The Department of Defense (DOD) operates six environmental programs that address cleanup of past contamination at military facilities, compliance with environmental laws and regulations that apply to current activities, cleanup at military bases being closed, pollution prevention, natural resource conservation, and environmental technology. In addition, the Department of Energy (DOE) is responsible for managing defense nuclear waste generated from the past production of atomic materials used to construct nuclear weapons and for remediating contaminated sites. For FY1999, the Administration has requested a total of $10. 14 billion for DOD and DOE's defense-related environmental activities, which represents about 3.7% of the total request of $271.6 billion for national defense and is roughly 1.6% below the FY1998 funding level of $l0.30 billion.
Environmental Risk Analysis: A Review of Public Policy Issues: This report describes and analyzes key issues and legislative options related to risk analysis and risk management at EPA and considers the potential impact of proposed legislative approaches on EPA's rule-making process and final regulations. The report describes the history of EPA's use of risk analysis and then summarizes and analyzes issues and legislative proposals for increasing such use. Legislative activities in the 105th Congress are described. A list of selected references and an appendix where key terms are defined conclude the report.
Regional Haze: EPA's Proposal to Improve Visibility in National Parks and Wilderness Areas: On July 31, 1997, the Environmental Protection Agency proposed a new regulatory program to reduce "regional haze." The proposed program would require the states to develop and implement long-term strategies to attain a congressionally the mandated goal of remedying the impairment of visibility in national parks and wilderness areas resulting from man-made air pollution.
Stormwater Permits: Status of EPA's Regulatory Program: The Environmental Protection Agency (EPA) and states are implementing a federally mandated program for controlling stormwater discharges from industrial plants and municipalities. Because of the large number of affected sources and deadline changes and extensions that have led to confusion, numerous questions have arisen about this program. Impacts of the program;s requirements, especially on cities, are a continuing concern. EPA has recently proposed permit rules to cover smaller cities and sources that currently are unregulated. Debate on impacts of these rules could be an issue during reauthorization of the Clean Water Act, which could occur in the 106th Congress.
Superfund: A Brief Comparison of the Chairmen's Bills: No Description Available.
Air Quality: EPA’s Proposed Ozone Transport Rule, OTAG, and Section 126 Petitions — A Hazy Situation?: The Environmental Protection Agency (EPA) is currently engaged in a series of regulatory actions to address the transport of ozone pollution in the eastern United States. This report reviews this situation with respect to an EPA-proposed Ozone Transport Rule and other activities.
Air Quality: EPA's Proposed Ozone Transport Rule, OTAG, and Section 216 Petitions - A Hazy Situation?: The Environmental Protection Agency (EPA) is currently engaged in a series of regulatory actions to address the transport of ozone pollution in the eastern United States. This report reviews this situation with respect to an EPA-proposed Ozone Transport Rule and other activities.
Global Climate Change: A Concise History of Negotiations and Chronology of Major Activities Preceding the 1992 U.N. Framework Convention: This report discusses the ongoing international policy debate regarding Global Climate Change and U.S. involvement in the issue of global climate change.The report provides an historical context of the current debate, which is important in understanding the fundamental issues about global climate change.
Statutory Modifications of the Application of NEPA: From time to time, Congress has considered the operation of the National Environmental Policy Act. While Congress has amended the statute itself only twice since its enactment, Congress has often enacted provisions that modify the application of the Act or specify the extent of the documents that need be prepared in particular instances or contexts. This report collects and lists examples of such provisions.
Superfund: A Brief Comparison of the Chairmen's Bills: The chairmen of three subcommittees with jurisdiction over Superfund have introduced comprehensive reauthorization bills: Senator Bob Smith introduced S. 8 (the reported version is used here), Representative Sherwood Boehlert introduced H.R. 2727 (the subcommittee-approved version of March 11, 1998, is used here) and Representative Michael Oxley introduced H.R. 3000. This report compares the three bills, focusing on four disputed issues: liability, remedy selection, the role of the states, and natural resource damages.
Global Climate Change: Selected Legal Questions About the Kyoto Protocol: This report discusses the Kyoto Protocol and whether the United States is now legally bound by the Protocol, the legal implications of signing it, whether it could be implemented as an executive agreement without submission to the Senate, and whether the Protocol could be used as the legal basis for regulation of emissions even prior to ratification.
Agriculture and EPA’s New Air Quality Standards for Ozone and Particulates: This report considers the effects of the Environmental Protection Agency (EPA) air quality regulations on agriculture. Moreover, the report summarizes these EPA regulations and what pollutants they target. Specifically, the report discusses the negative effects of these pollutants on agriculture and the benefits of these regulations.
MTBE in Gasoline: Clean Air and Drinking Water Issues: No Description Available.
Global Climate Change: Reducing Greenhouse Gases - How Much from What Baseline?: This report discusses the ways to reduce emissions of six greenhouses gases after the Kyoto meeting on Global Climate Change. Projecting the reductions that would be required if the U.S. were to ratify the treaty is difficult. While emissions of CO are fairly well established and account for 2 about 85% of total carbon equivalent emissions, emissions of the other gases, especially N O, are more uncertain.
Environmental Reauthorizations and Regulatory Reform: From the 104th Congress to the 105th: The 104th Congress pursued efforts to reform environmental regulations on several fronts: (1) revising regulatory decision making processes; (2) attaching specific reforms to funding bills; (3) establishing a House corrections day calendar of bills addressing specific regulatory problems; and (4) incorporating regulatory reforms into individual program reauthorization bills. The 105th Congress has pursued regulatory reform in four primary directions: (1) proposals to establish a comprehensive cost-benefit/risk analysis framework for regulatory programs, (2) private property “takings” initiatives, (3) amendments and reforms directed at individual environmental statutes, and (4) oversight of environmental programs.
Environmental Protection Agency: FY1998 Budget: EPA appropriations are included in the annual VA-HUD-Independent Agencies Appropriation Bill. Two major issues were whether Superfund cleanups should be accelerated in the absence of statutory reforms and whether the requested state assistance funds are adequate. Because the House and Senate were in agreement on not granting the requested 50% increase in Superfund and in passing increased state funds, the chief conference issue focused on the roughly $225 million difference between the House and Senate versions.

Congressional Research Service Reports - 96 Matching Results

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