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Environmental Law

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Compiled from primary legal sourcesNot legal adviceHow we source this

Environmental law governs the relationship between human activity and the natural environment. It sets rules intended to protect air, water, land, and natural resources, and it addresses responsibility for pollution and environmental harm.

Common topics include regulations on emissions and discharges, the handling and disposal of waste and hazardous materials, permits required for activities that affect the environment, the cleanup of contaminated property, and the environmental review of projects and development. The field involves government agencies, businesses, landowners, and communities, and it blends regulatory compliance with the resolution of disputes.

Key concepts a non-lawyer should understand include the heavily regulated nature of activities that affect the environment, with agencies setting and enforcing standards; the idea that responsibility for contamination can attach to current and sometimes former owners of affected property, even without direct fault; and the existence of permitting and review processes that often must be completed before certain projects can move forward. Both compliance failures and environmental harm can carry significant consequences.

This area is relevant to businesses whose operations affect the environment, property owners dealing with contamination, developers planning projects, and communities concerned about environmental impacts. People and organizations typically consult an environmental lawyer for permitting and compliance, to address contamination on a property, or to handle an enforcement action or environmental dispute.

Share of classified federal decisions

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share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in environmental

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

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Related practice areas

Civil Rights LawSocial Security Disability LawAdministrative LawBonds and Government Finance LawConstitutional LawElection Campaign and Political LawFalse Claims Act LawGovernment Contract Law

Primary law

The governing U.S. Code, statutes and founding documents for Environmental Law.

Key definitions

Defined terms that recur in environmental law — each links to its dictionary entry.

NuisanceNegligenceStandingInjunctionPermitEasementTrespassVarianceAbatementCovenant

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 42 (The Public Health and Welfare), Title 16 (Conservation) and Title 33 (Navigation and Navigable Waters) — beyond the landmark cases above.

Frequently asked questions

Environmental Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed - Paperback
    Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed - Paperback
    Antonio Elian Lawand Junior
  • The Anthropocene: New Trajectories in Law - Hardcover
    The Anthropocene: New Trajectories in Law - Hardcover
    Peter D. Burdon
  • The Deepwater Horizon Oil Spill of 2010: A Disaster Unveiled - Paperback
    The Deepwater Horizon Oil Spill of 2010: A Disaster Unveiled - Paperback
    Oliver Lancaster
  • Preparing Nepa Environmental Assessments: A User's Guide to Best Professional Practices - Paperback
    Preparing Nepa Environmental Assessments: A User's Guide to Best Professional Practices - Paperback
    Charles Eccleston
  • Resolutions and Reasons: A Practical Guide to Decision Making in Planning - Paperback
    Resolutions and Reasons: A Practical Guide to Decision Making in Planning - Paperback
    Sue Chadwick
  • A Practical Guide to the Law on Preservation of Common Land and Village Greens - Paperback
    A Practical Guide to the Law on Preservation of Common Land and Village Greens - Paperback
    Rachel Coyle
  • Trading Up: Consumer and Environmental Regulation in a Global Economy - Paperback
    Trading Up: Consumer and Environmental Regulation in a Global Economy - Paperback
    David Vogel
  • The Sustainability Handbook: The Complete Management Guide to Achieving Social, Economic and Environmental Responsibility - Paperback
    The Sustainability Handbook: The Complete Management Guide to Achieving Social, Economic and Environmental Responsibility - Paperback
    William R. Blackburn
  • Defending Community, Territory, and Indigenous Environmental Relations - Paperback
    Defending Community, Territory, and Indigenous Environmental Relations - Paperback
    Levi Gahman
  • Developments in Environmental Regulation: Risk Based Regulation in the UK and Europe - Hardcover
    Developments in Environmental Regulation: Risk Based Regulation in the UK and Europe - Hardcover
  • Environmental Law Across Cultures: Comparisons for Legal Practice - Paperback
    Environmental Law Across Cultures: Comparisons for Legal Practice - Paperback
  • Code of Federal Regulations, Title 40 Protection of the Environment 79-80, Revised as of July 1, 2024 - Paperback
    Code of Federal Regulations, Title 40 Protection of the Environment 79-80, Revised as of July 1, 2024 - Paperback
  • Global Solutions: Demanding Total Accountability For Climate Change - Paperback
    Global Solutions: Demanding Total Accountability For Climate Change - Paperback
    Tom S. Mullikin
  • Behavior of Lizards: Evolutionary and Mechanistic Perspectives - Paperback
    Behavior of Lizards: Evolutionary and Mechanistic Perspectives - Paperback
  • A Force for Nature: The Environmental Litigation of Lewis C. Green - Paperback
    A Force for Nature: The Environmental Litigation of Lewis C. Green - Paperback
    Florence Shinkle
  • No Last Place to Rest: Coal Mining and Dispossession in South Africa - Paperback
    No Last Place to Rest: Coal Mining and Dispossession in South Africa - Paperback
    Dineo Skosana
  • Theodore Roosevelt in California: The Presidential Adventure That Saved the Wilderness - Paperback
    Theodore Roosevelt in California: The Presidential Adventure That Saved the Wilderness - Paperback
    Chris Epting
  • Environmental Assessment: The Regulation of Decision Making - Hardcover
    Environmental Assessment: The Regulation of Decision Making - Hardcover
    Jane Holder
  • Cities and Environmental Change - Paperback
    Cities and Environmental Change - Paperback
    William Solecki
  • Introduction to Ecology and Environmental Laws in India - Paperback
    Introduction to Ecology and Environmental Laws in India - Paperback
    Siva Prasad Bose
  • Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms - Hardcover
    Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms - Hardcover
    Jeffrey Bone
  • Introduction to U.S. Law, Policy, and Research-An Environmental Perspective - Paperback
    Introduction to U.S. Law, Policy, and Research-An Environmental Perspective - Paperback
    Peter M. Bower
  • Parknapping Doesn't Pay: The History of Rescuing a Pacific Northwest Crown Jewel - Paperback
    Parknapping Doesn't Pay: The History of Rescuing a Pacific Northwest Crown Jewel - Paperback
    Darlene Schanfald
  • Chasing the Wind: Regulating Air Pollution in the Common Law State - Paperback
    Chasing the Wind: Regulating Air Pollution in the Common Law State - Paperback
    Noga Morag-Levine

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.