Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
349.6

Development of Environmental Legislation in the United States: Problems and Prospects

Autors: 
Anisimov Aleksey P., Volgograd Institute of Management, branch of RANEPA
Abstract: 

Introduction. The article deals with the environmental legislation of the United States of America and the practice of its application. Theoretical analysis. The main acts of environmental legislation of the United States, the experience of the division of powers between the Federation and its subjects (states) in the field of environmental protection, legal practice in the field of ecology, and the structure of the US environmental management bodies are studied. Results. In the United States, for several decades, there has been a developed system of environmental legislation that creates a fairly effective mechanism for managing the environment. The main environmental functions in the United States are performed by the Environmental Protection Agency (EPA). The experience of the United States in delineating the subjects of jurisdiction between the Federation and its subjects, the well-established mechanism of horizontal interaction between the states, and their experience in filling in gaps in Federal environmental legislation is noteworthy. The experience of public environmental associations in the field of environmental protection is also interesting. However, Federal environmental programs often suffer from underfunding, and overcoming environmental discrimination, as shown in the Flint (Michigan) case, remains an unresolved problem, despite all the efforts of the public and the position of the country’s political leadership.

Key words: 
Reference: 
  1. Garusova L. N., Kuryanova U. Yu. U.S. Environmental Policy and Legislation. Trudy Instituta istorii, arkheologii i etnografi i DVO RAN [Proceedings of the Institute of History, Archeology and Ethnography, Far Eastern Branch, RAS], 2019, vol. 24, no. 3, pp. 147–160 (in Russian). DOI: https://doi.org/10.24411/2658-5960-2019-10033
  2. Olmsted J. L. The Global Warming Crisis: An Analytical Framework to Regional Responses. Journal Environmental Law and Litigation, 2008, vol. 23, no. 1, pp. 125–189.
  3. Broslavsky L. I. Zarubezhnoe ekologicheskoe pravo: prirodookhrannoe zakonodatel’stvo SShA [Foreign Environmental Law: Environmental legislation of the USA]. Moscow, Infra-M Publ., 300 p. (in Russian).
  4. Hoya T. U. Environmental legislation of the United States: what it costs to violate it. In: Ekologicheskoe pravo: khrestomatiya [Environmental Law: A reader]. Moscow, Rossiiskiy otkrytyi universitet, 1994, pp. 129–136 (in Russian).
  5. Lado M. E. Toward Civil Rights Enforcement in the Environmental Justice Context. Step One: Acknowledging the Problem. Fordham Environmental Law Review, 2017, vol. 29, no. 1, pp. 1–49.
  6. Holiday-Nowden T. Something’s in the Water: A Look at How Creativity and Innovation Can Prevent Future Water Crises. Creative Studies Graduate Student Master’s Projects (State University of New York College at Buffalo – Buffalo State College). New-York, 2019. Available at: https://digitalcommons.buffalostate.edu/creativeprojects/304 (accessed 14 April 2020).
  7. Weiser-Burton K. Clean Drinking Water: A Stream of Success and Opportunity for Reform. Utah Law Review, 2019, vol. 2, pp. 503–526.
  8. May I. V., Klein S. V., Sedusova E. V. To the question of the procedure of sanitary and epidemiological investigation of the infriengement of citizens’ rights for safe drinking water supply. Zdorov’e sem’i – 21 vek [Family Health – 21 century], 2012, vol. 4, pp. 11 (in Russian).
  9. Axtell S. Reframing the Judicial Approach to Injunctive Relief for Environmental Plaintiffs in Monsanto Co. v. Geertson Seed Farms. Ecology Law Quarterly, 2011, vol. 38, pp. 317–340.
  10. Voicu M. At a dead end: the need for Congressional direction in the roadless area management debate. Ecology Law Quarterly, 2010, vol. 37, pp. 487–523.
Received: 
09.06.2020
Accepted: 
28.07.2020
Available online: 
31.08.2020