Most people think of federal law when it comes to environmental protection. The federal government has passed many important environmental laws over the years. Some of the major federal laws include:

• Clean Air Act
• Clean Water Act
• Resource Conservation and Recovery Act
• Endangered Species Act
• Comprehensive Environmental Response Compensation and Liability Act
• Toxic Substances Control Act

However, states have also passed environmental laws. They have the same concerns about protecting the environment. Many states have enacted environmental law that are different from the provisions of federal laws. Do the federal or state environmental laws have priority?

Federal Law Override

Sometimes a federal law provides greater protection than a state law. If this is true, the provisions of the state law are preempted or overridden by the federal law. The more stringent federal standards are applied in the state.

This is usually not the case. States will generally provide a level of environmental protection the same or more stringent than that provided by federal law. In those states, the more stringent state laws must be followed. However, the state law doesn't have to be followed if it's determined the federal law was intended to preempt more stringent state laws.

For example, California has a number of stringent environmental laws. Some examples include:

• A waste management law regulating the kind of plastic trash bags sold within the state
• An environmental advertising law controlling representing products as environmentally friendly, recyclable or biodegradable unless certain standards are met

As another example, New Jersey has laws restricting development in wetlands that are more stringent than federal law. States vary as to how close or different their laws are compared to federal law.

States have the power to pass laws on a variety of environmental matters. For example, states have the authority to pass laws that govern oil spills. State courts are where many people turn to file lawsuits against companies involved in oil spills.

State Enforcement of Federal Laws

The federal government doesn't enforce all of its environmental laws. Many federal laws provide for enforcement at the state level. In some cases, the failure of state governments to properly implement federal environmental laws may result in the imposition of sanctions, such as withdrawal of federal highway funding.

Punishment for violating environmental laws usually involve civil penalties. These include fines and injunctions. Criminal penalties can also sometimes be imposed. This is usually only for the worst violations.

Questions for Your Attorney

• My company is violating a state environmental law. Should I say anything? What state agency do I tell about the violation?
• Where do I go to find out the environmental laws in my state?
• Is there a state advisor I can check with to find out if I'm violating an environmental law?

Related Resources on Lawyers.com^sm

- Contact an Environmental Law Lawyer in your area for specific legal advice, and read about Selecting a Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including these General Consumer Forms
- Read Environmental Permitting and Finding the Right Lawyer after an Oil Spill, or access more Environmental Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Environmental Law topics

Related Web Links

- State Real Property Codes & Statutes Web Sites
- US Environmental Protection Agency