Chapter 2: Environmental Polices and Ethics

Chapter Introduction:

Environmental problems often involve difficult decisions about how society should balance economic development, environmental protection, public health, and social equity. Environmental policy provides the legal and regulatory framework for protecting natural resources and public health, while environmental ethics explores the moral principles that guide our relationship with the natural world.

This chapter introduces the development of environmental policies, major environmental laws, the role of governments and citizens, and the ethical perspectives that influence environmental decision-making. Students will examine how science informs policy, how competing interests shape environmental legislation, and how ethical reasoning can help address complex environmental challenges.

Learning Objectives:

After completing this chapter, students should be able to:

1. Define environmental policy and explain its role in protecting natural resources and public health
2. Explain how environmental laws are developed, implemented, and enforced
3. Identify major environmental legislation in the United States and describe its purpose
4. Define environmental ethics and discuss its role in addressing environmental issues
5. Describe the responsibilities of governments, businesses, communities, and individuals in promoting environmental sustainability

The History of Environmental Policies in the US

Although environmental laws are generally considered a 20^th century phenomenon, attempts have been made to legislate environmental controls throughout history. In 2,700 B.C., the middle-eastern civilization in Ur passed laws protecting the few remaining forests in the region. In 80 A.D., the Roman Senate passed a law to protect water stored for dry periods so it could be used for street and sewer cleaning. During American colonial times, Benjamin Franklin argued for “public rights” laws to protect the citizens of Philadelphia against industrial pollution produced by animal hide tanners.

The Conservation Era (Late 1800’s – Early 1900’s)

During the late nineteenth century, rapid industrialization, westward expansion, and resource extraction led to widespread deforestation, habitat loss, soil degradation, and wildlife declines. These concerns gave rise to the conservation movement.

Two distinct philosophies emerged:

• Conservation, championed by Gifford Pinchot, promoted the wise and efficient use of natural resources for long-term public benefit.
• Preservation, advocated by John Muir, emphasized protecting wilderness for its intrinsic, recreational, and spiritual value.

During the presidency of Theodore Roosevelt, ( 26th president of the United States, serving from 1901 to 1909) conservation became a national priority. Roosevelt dramatically expanded federal protection of public lands by establishing national forests, wildlife refuges, and monuments.

Major accomplishments included:

• Expansion of national forests
• Creation of numerous national wildlife refuges
• Protection of millions of acres of public lands
• Strengthening federal management of natural resources

Significant environmental action began at the beginning of the 20^th century. In 1906, Congress passed the “Antiquities Act,” ( signed into law June 8, 1906) which authorizes then president Teddy Roosevelt, to  protect important natural, cultural, and scientific resources on federal lands by designating them as national monuments.

At the turn of the 20th century, many Native American archaeological sites, prehistoric ruins, fossils, and unique landscapes in the American Southwest were being damaged by looting, vandalism, and unregulated artifact collecting. Archaeologists, scientists, and conservationists urged Congress to provide stronger legal protection for these irreplaceable resources.

The Antiquities Act of 1906 was signed into law by Theodore Roosevelt on June 8, 1906 and was enacted to:

• Protect archaeological sites and historic landmarks.
• Preserve prehistoric structures and cultural artifacts.
• Conserve scientifically important geological and ecological features.
• Allow rapid federal protection without waiting for Congress to establish a national park.

Key Provisions

The Antiquities Act authorizes the President to:

• Declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest located on federal lands as national monuments.
• Reserve federal lands necessary to protect those resources.
• Ensure that protected areas are limited to “the smallest area compatible” with proper management and protection.

The law also established penalties for unauthorized excavation, removal, or destruction of protected archaeological resources on federal lands. President Theodore Roosevelt made extensive use of the Antiquities Act, establishing 18 national monuments during his presidency. He viewed conservation as essential to preserving America’s natural heritage for future generations.

Examples of National Monuments Created Under the Antiquities Act

Importance of the Antiquities Act

The Act has been used by presidents of both major political parties to protect places of exceptional natural, historical, archaeological, and cultural significance. Many areas first protected as national monuments have later been redesignated by Congress as national parks, national preserves, or other protected areas.

The Antiquities Act has helped preserve:

• Ancient Indigenous cultural sites and cliff dwellings.
• Fossil beds and important geologic formations.
• Desert ecosystems.
• Marine environments.
• Historic landmarks.
• Unique wildlife habitats.

Controversies

Although widely recognized as a cornerstone of American conservation, the Antiquities Act has generated debate over:

• The appropriate size of national monuments
• Presidential authority versus congressional oversight
• Restrictions on resource development, mining, grazing, and other land uses
• Balancing conservation with local economic interests

Supporters argue that the Act enables timely protection of vulnerable resources before they are damaged or lost, while critics contend that some monument designations encompass areas larger than necessary and may limit certain economic activities.

Regulations concerning toxic chemicals in the US

A few years later, Alice Hamilton ( 1869-1970) pushed for government regulations concerning toxic industrial chemicals. She fought, unsuccessfully, to ban the use of lead in gasoline. She helped establish the field of occupational medicine in the United States. Dr. Hamilton is best known for investigating the health effects of hazardous chemicals in factories and advocating for safer working conditions during the early 20th century.

Hamilton became a leading investigator of industrial diseases. At a time when many workplace hazards were poorly understood, she conducted field investigations by visiting factories, interviewing workers, reviewing medical records, and observing industrial processes.

Her research documented the health effects of exposure to:

• Lead
• Mercury
• Arsenic
• Carbon monoxide
• Explosive chemicals
• Industrial solvents

She demonstrated that workers exposed to these substances faced increased risks of poisoning, neurological disorders, respiratory illness, and premature death.

 Rachel Carson (1907–1964) was an American marine biologist, author, and conservationist whose groundbreaking work transformed public awareness of environmental issues. Her 1962 book, Silent Spring, is widely credited with launching the modern environmental movement in the United States by highlighting the ecological and health risks associated with the widespread use of synthetic pesticides. Carson worked as a writer and scientist for the United States Bureau of Fisheries, later renamed the United States Fish and Wildlife Service. She became known for her ability to explain complex scientific concepts in clear, engaging language.

Before Silent Spring, Carson wrote several acclaimed books about the ocean, including:

• Under the Sea-Wind (1941)
• The Sea Around Us (1951)
• The Edge of the Sea (1955)

Silent Spring

Published in 1962, Silent Spring documented how pesticides—especially DDT—could accumulate in the environment and harm birds, fish, insects, and other wildlife. Carson argued that these chemicals could move through food webs, affect non-target species, and potentially pose risks to human health.

Major themes of the book included:

• The unintended consequences of pesticide use
• Bioaccumulation and biomagnification
• The interconnectedness of ecosystems
• The importance of scientific evidence in public policy
• Responsible environmental stewardship

The title Silent Spring refers to a future in which birds no longer sing because of widespread ecological damage.

Impact on Environmental Policy

Although the book was controversial and faced strong criticism from parts of the chemical industry, it prompted widespread public discussion and increased scientific and governmental scrutiny of pesticide use.

Its influence contributed to:

• Increased regulation of pesticides
• Greater public awareness of environmental pollution
• Expansion of environmental research
• Growth of the modern environmental movement
• Support for stronger environmental protections

Carson’s work also helped create momentum for landmark U.S. environmental legislation in the late 1960s and 1970s, including the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, and the establishment of the United States Environmental Protection Agency in 1970.

Rachel Carson is regarded as one of the most influential environmental advocates in American history. Her work demonstrated that scientific research can inform public policy and inspire citizens to protect the environment.

Her legacy continues to influence:

• Environmental science
• Conservation biology
• Toxicology
• Ecology
• Environmental education
• Environmental policy

Why Rachel Carson Matters in Environmental Science

Rachel Carson’s work illustrates several core principles of environmental science:

• Human activities can have unintended effects on ecosystems.
• Environmental decisions should be based on sound scientific evidence.
• Ecosystems are interconnected, so changes in one part can affect many others.
• Public awareness and education are essential for effective environmental stewardship.
• Long-term environmental health should be considered alongside short-term economic benefits.

Video: Silent Spring Documentary Podcast: DDT: The Britney Spears of Chemicals

With the establishment of the Environmental Protection Agency (EPA) by President Richard Nixon in 1970, environmental law became a field substantial enough to occupy lawyers on a full-time basis. Since then, federal and state governments have passed numerous laws and created a vast network of complicated rules and regulations regarding environmental issues. Moreover, international organizations and agencies including the United Nations, the World Bank, and the World Trade Organization have also contributed environmental rules and regulations.

Because of the legal and technical complexities of the subjects covered by environmental laws, persons dealing with such laws must be knowledgeable in the areas of law, science and public policy. Environmental laws today encompass a wide range of subjects such as air and water quality, hazardous wastes and biodiversity. The purpose of these environmental laws is to prevent, minimize, remedy and punish actions that threaten or damage the environment and those that live in it. However, some people believe that these laws unreasonably limit the freedom of people, organizations, corporations and government agencies by placing controls on their actions.

  Video: Environmental Law Definition & Policies

Federal Laws: USA

Early attempts by Congress to enact laws affecting the environment included the Antiquities Act in 1906, the National Park Service Act in 1916, the Federal Insecticide, Fungicide and Rodenticide Act in 1947 and the Water Pollution Control Act in 1956. The Wilderness Act of 1964, protected large areas of pristine federal lands from development and ushered in the new age of environmental activism that began in the 1960’s. However, it was the National Environmental Policy Act (NEPA) enacted in 1969 and the formation of the Environmental Protection Agency (EPA) in 1970 by than President Richard Nixon that started the environmental legislation in earnest. The main objective of these two federal enactments was to assure that the environment would be protected from both public and private actions that failed to take into account the costs of damage inflicted on the environment.

The EPA became responsible for:

• Air quality regulation
• Water pollution control
• Hazardous waste management
• Chemical regulation
• Environmental monitoring
• Enforcement of environmental laws

Many consider NEPA was signed into law by Richard Nixon on January 1, 1970, during a period of growing public concern over pollution, habitat loss, and the environmental effects of rapid development. The law declared a national environmental policy and created Council on Environmental Quality to oversee its implementation across federal agencies. The basic purpose of NEPA is to force governmental agencies to comprehensively consider the effects of their decisions on the environment. NEPA is primarily a procedural law rather than a law that automatically prohibits environmentally harmful projects. Before taking major federal actions—such as approving infrastructure projects, issuing certain permits, or managing federal lands—agencies generally determine whether environmental review is required. Depending on the circumstances, they may prepare:

• A Categorical Exclusion (CE) for actions previously determined to have minimal impacts.

• An Environmental Assessment (EA) to determine whether significant impacts are likely.

• An Environmental Impact Statement (EIS) for actions expected to significantly affect the environment, including an analysis of reasonable alternatives and opportunities for public comment.

NEPA fundamentally changed how the federal government makes decisions by integrating environmental considerations into planning instead of addressing them only after projects begin. Its framework has influenced environmental review laws in numerous U.S. states and in other countries, and it has shaped thousands of decisions involving transportation, energy, water resources, and public lands over more than five decades.

Recent evolution

The law itself has remained in force, but its implementing regulations and review procedures have changed over time through legislation, executive actions, and court decisions. Recent reforms have focused on streamlining environmental reviews while preserving NEPA’s core requirement that federal agencies evaluate environmental consequences before making major decisions. The EPA is also empowered to enforce those environmental policies. Unfortunately, the agency is sometimes caught up in conflicts between the public wanting more regulation for environmental reasons and businesses wanting less regulation for economic reasons. Consequently, the development of a new regulation can take many years.

Environmental Impact Statement Process

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Since 1970, Congress has enacted several important environmental laws, all of which include provisions to protect the environment and natural resources. Some of the more notable laws include:

• National Environmental Policy Act (1969) Requires environmental impact assessments for major federal actions
• Clean Air Act (1970, major amendments) Regulates air pollutants and protects public health
• Clean Water Act (1972)  the primary federal law governing water pollution in the United States. It was originally passed in 1948 as the Federal Water Pollution Control Act and was significantly amended in 1972, when it became commonly known as the Clean Water Act. Additional amendments were made in 1977 and 1987.

“Restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”

• The Federal Safe Drinking Water Act (1974, 1977 & 1986) set drinking water standards for levels of pollutants; authorizing the regulation of the discharge of pollutants into underground drinking water sources
• The Federal Water Pollution Control Act (1972) amended by the Clean Water Act (1977, 1987)amended by the Clean Water Act (1977, 1987), established water quality standards; provides for the regulation of the discharge of pollutants into navigable waters and for the protection of wetlands. Furthermore, it established water quality standards; provides for the regulation of the discharge of pollutants into navigable waters and for the protection of wetlands.
• Safe Drinking Water Act (1974) Establishes standards for public drinking water systems
• Endangered Species Act of 1973 Protects threatened and endangered species and their habitats
• Resource Conservation and Recovery Act (1976) regulate the management of solid and hazardous waste in the United States. Administered by the U.S. Environmental Protection Agency (EPA), RCRA establishes a comprehensive framework for reducing waste, conserving resources, and protecting human health and the environment “cradle to grave”
• The Toxic Substances Control Act (1976) regulates the manufacture, import, processing, distribution, use, and disposal of chemical substances in the United States. The law is administered by the U.S. Environmental Protection Agency (EPA) and is intended to protect human health and the environment from unreasonable risks posed by industrial chemicals. Unlike laws that regulate pollution after it is released into the environment, TSCA focuses on evaluating and managing the safety of chemicals before and during their use in commerce.
• The Comprehensive Environmental Response, Compensation and Liability Act  (1980) commonly known as Superfund, is a federal law enacted in 1980 to address the cleanup of hazardous waste sites and respond to environmental emergencies involving the release of hazardous substances. Administered by the U.S. Environmental Protection Agency (EPA), CERCLA authorizes the federal government to clean up contaminated sites and hold responsible parties financially accountable. The law was enacted in response to growing public concern over hazardous waste contamination, particularly following incidents such as the Love Canal disaster in New York during the late 1970s.
• The Food Security Act (1985, 1990) commonly known as the 1985 Farm Bill, is a comprehensive federal law that governs U.S. agricultural policy. While the Act addresses farm income support, commodity programs, and food assistance, it is especially significant for its conservation provisions, which encourage farmers to protect soil, water, wetlands, and wildlife habitat. The law was reauthorized and expanded in 1990, strengthening environmental stewardship and sustainable agriculture programs. The Food Security Act is administered primarily by the U.S. Department of Agriculture (USDA) through agencies such as the Natural Resources Conservation Service (NRCS) and the Farm Service Agency (FSA).

The application, or enforcement, of an environmental law is not always straightforward, and problems can arise. Often, the biggest problem is that Congress fails to allocate the funds necessary for implementing or enforcing the laws. Administrative red tape may make it impossible to enforce a regulation in a timely manner. It also may be unclear as to which agency (or branch of an agency) is responsible for enforcing a particular regulation. Furthermore, agency personnel decline to enforce a regulation for political reasons.

 What is a Superfund Site

How States are delivering real benefits addressing Environmental Policies 

Depending what administration is in office some are driving up costs and creating new challenges when it comes to addressing Environmental Policies in the US. States in the Union are making changes in a timely matter on infrastructure and accountability. States are advancing policies that aim to tackle climate change, including making progress without the help of the Federal Government. While approaches differ by state, many have demonstrated that environmental protection can also support economic growth, job creation, and community resilience. Furthermore, many states have adopted renewable energy standards that encourage electricity generation from solar, wind, hydroelectric, and geothermal resources.

State environmental policies demonstrate that environmental stewardship can produce tangible benefits beyond conservation. Effective policies can:

• Improve public health
• Reduce pollution
• Lower long-term energy costs
• Increase resilience to climate-related disasters
• Create new economic opportunities
• Protect ecosystems and biodiversity
• Enhance quality of life for residents

Because states face different environmental challenges and economic conditions, their approaches vary. Collectively, however, state-led initiatives have become an important driver of environmental innovation and practical solutions that benefit both people and the environment.

Are all States moving in the right direction?

Not every legislative step is rising to the moment in states. In West Virginia, the legislature stripped all mention of wind and solar from the state’s long-term energy plan and required its Comprehensive Energy Policy to include recommendations for operating coal-fired plants through at least 2050, well past the life cycles the utilities themselves have projected. As has been done in other states, Louisiana lawmakers advanced legislation to shield fossil fuel companies from climate liability, while residents along “Cancer Alley” continue to face some of the highest pollution exposure and climate-driven insurance losses in the country. In Florida, H.B. 1217 would ban local governments from setting their own net-zero or clean energy goals, stripping cities and counties of tools to act even when the state will not. These choices would lock consumers into aging, expensive fossil fuel infrastructure and leave ratepayers more exposed to price volatility and climate risk, not less.

State climate action is moving beyond long-term goals to real-time decisions about clean energy deployment and cost allocation, pollution reduction, electrification, and accountability. The actions advancing across states aim to address questions such as who pays for the grid, whether renters can access solar, whether communities near warehouses breathe cleaner air, whether low-income households can keep the lights on, and whether the companies responsible for decades of fossil fuel emissions will contribute to the cost of recovery. The rollback of pollution standards and attacks on clean energy, the choices states make now will shape affordability, resilience to extreme weather, and clean energy growth in the years ahead, with direct impacts on American jobs and working families.

How States are Leading the charge on Environmental Protection

International Treaties and Conventions

Conventions, or treaties, generally set forth international environmental regulations. These conventions and treaties often result from efforts by international organizations such as the United Nations (UN) or the World Bank. However, it is often difficult, if not impossible, to enforce these regulations because of the sovereign rights of countries. In addition rules and regulations set forth in such agreements may be no more than non-binding recommendations, and often countries are exempted from regulations due to economic or cultural reasons. Despite these shortcomings, the international community has achieved some success via its environmental agreements. These include an international convention that placed a moratorium on whaling (1986) and a treaty that banned the ocean dumping of wastes (1991).

The UN often facilitates international environmental efforts. In 1991, the UN enacted an Antarctica Treaty, which prohibits mining of the region, limits pollution of the environment and protects its animal species. The United Nations Environment Program (UNEP) is a branch of the UN that specifically deals with worldwide environmental problems. It has helped with several key efforts at global environmental regulations:

• The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. As a result of this global agreement, industrialized countries have ceased or reduced the production and consumption of ozone-depleting substances such as chlorofluorocarbons.
• The Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. This agreement enhances the world’s technical knowledge and expertise on hazardous chemicals management.

• The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This agreement protects over 30,000 of the world’s endangered species.
• In 1995 UNEP and the International Olympic Committee (IOC) signed a partnership agreement to develop environmental guidelines for sports federations and countries bidding to host the Olympic games.
• The Rotterdam Convention (1998) addressed the growing trade in hazardous pesticides and chemicals. Importing countries must now give explicit informed consent before hazardous chemicals can cross their borders.
• The International Declaration on Cleaner Production (1998). The signatories commit their countries to implement cleaner industrial production and subsequent monitoring efforts.

In 1992, the UN member nations committed their resources to limiting greenhouse gas  (e.g., carbon dioxide) emissions at or below 1990 levels, as put forth by the UN Framework Convention on Climate Change. Unfortunately, the agreement was non-binding and by the mid-1990’s, it had had no effect on carbon emissions. The 1997 Kyoto Protocol was a binding resolution to reduce greenhouse gases. Although the United States initially supported the resolution, the Senate failed to ratify the treaty, and by 2001 the resolution was opposed by President Bush as threatening the United States economy.

Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES 101) 

Review Questions:

1. Define environmental policy
2. Explain the difference between environmental law and environmental ethics
3. What are two goals of the Clean Air Act
4. Explain why scientific research is important in environmental decision-making
5. Describe one current environmental issue that may require new or updated environmental policies

Critical Thinking:

Scenario;

A growing city is experiencing increased air pollution due to population growth, traffic congestion, and industrial expansion. Air quality has declined over the past decade, leading to more cases of asthma, heart disease, and other respiratory illnesses. Local businesses are concerned that stricter environmental regulations could increase operating costs and reduce economic growth.

City leaders are considering three policy options:

• Option A: Strengthen air pollution regulations by requiring industries to install advanced pollution-control technologies.
• Option B: Invest in public transportation, bike lanes, and electric vehicle infrastructure to reduce vehicle emissions.
• Option C: Maintain current regulations but encourage businesses and residents to voluntarily reduce emissions through education and incentive programs.

Assignments, Critical Thinking Questions:

1. What are the advantages and disadvantages of each policy option? Consider environmental, economic, and social impacts.

2. Which stakeholders are most affected by each option? Identify how the following groups might be impacted:

• Residents
• Businesses
• Local government
• Healthcare providers
• Future generations

3. How should policymakers balance economic development with environmental protection? Should one take priority over the other, or is a balance possible?

Attributes

Introduction to Environmental Science CK-12 Chapter 11 licensed under CK-12.  Created by: Michelle R.  © CK-12 Foundation 2023. https://www.ck12.org/user:bwvzdgfibguzn2vkdubnbwfpbc5jb20./book/introduction-to-environmental-science/

The Center for American Progress April 24, 2026 by Fredrick Bell, State Climate Action in 2026

Environmental Law Institute, State of the Environment : How States Are Leading the Charge on Environmental Protection, State of the Environment

CITES YouTube https://www.youtube.com/watch?v=zWRA9N-pB9Y

The Information Architects of Encyclopedia Britannica (2026, July 8). Theodore Roosevelt. Encyclopedia Britannica. https://www.britannica.com/facts/Theodore-Roosevelt

Baron, S. L., & Brown, T. M. (2009). Alice Hamilton (1869-1970): mother of US occupational medicine. American journal of public health, 99 Suppl 3(Suppl 3), S548. https://doi.org/10.2105/AJPH.2009.177394

Dr. Alice Hamilton National Park Service April 12.2021 https://www.nps.gov/people/dr-alice-hamilton.htm?

National Park Service, Rachel Carson https://www.nps.gov/people/rachel-carson.htm?utm_source=chatgpt.com Last updated: February 20,2025

Baily, Taylor Science History Institute Museum & Library,https://www.sciencehistory.org/education/scientific-biographies/rachel-carson/?utm_source=chatgpt.com updated March 16, 2026