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Coral patch blanketed by invasive algae in Kaneohe Bay, Hawai'i. © Ian Shive

Policy

Environmental Conservation Laws

The foundation of cleaner water and healthier lands in America.

February 10, 2020 | Last updated July 07, 2022

Generations of Americans have benefited from the nation’s legacy of leadership in conservation and environmental laws, which should be upheld and enhanced.

Foundational Laws for Lands, Waters and Air in the United States

Environmental laws adopted over the last five decades in the United States have dramatically improved the quality of the nation’s air and water, reduced the public’s exposure to harmful chemicals, given the public a greater voice in government decisions and conserved fish, wildlife and other natural resources.

Generations of Americans have benefited from this legacy of leadership in environmental protection. However, these gains have not been free of controversy. Environmental regulation is complex, sometimes burdensome for regulated groups and, increasingly, the focus of intense partisan debate.

The administration and Congress may consider a range of proposals that could alter the key elements of the nation’s environmental laws. The critical challenge is to identify foundational environmental and conservation laws that merit The Nature Conservancy’s (TNC) strongest defense while at the same time being open to ideas that allow environmental laws and regulations to evolve in response to changing national needs and public views. These laws and their implementing regulations provide the foundations, incentives, protections or other provisions that support TNC’s conservation mission.

Key Challenge: Upholding and Enhancing Laws for Future Generations

TNC is working to uphold the foundational laws, regulations and other legal provisions that underpin basic environmental and conservation values while also identifying and supporting efforts to improve relevant processes and outcomes.

To meet this challenge, TNC will weigh how a policy enhances or undermines the shared strengths of core environmental laws. TNC will continue its role as a leading advocate for federal and state funding to support implementation and enforcement of environmental laws and regulations across the United States.

The Kemp's ridley is the rarest species of sea turtle and is listed as critically endangered. Hatchling releases often occur at Laguna Atascosa National Wildlife Refuge.
Kemp's Ridley Sea Turtle The Kemp's ridley is the rarest species of sea turtle and is listed as critically endangered. Hatchling releases often occur at Laguna Atascosa National Wildlife Refuge. © Carlton Ward Jr.

Foundational Environmental and Conservation Laws:

Strengths of U.S. Environmental Laws

Though some environmental and conservation laws date back more than 100 years, increasingly these laws and associated regulations share several common themes that are critical to their effectiveness:

  1. Strong expressions of the benefits of environmental health, conservation and environmental protection as basic values.

  2. Development of science-based standards that define a level of environmental quality or natural resources conservation upon which all Americans can rely.

  3. A system of cooperative federalism by which states have authority to plan, adapt and implement national standards and enforcement mechanisms in ways that reflect their circumstances.

  4. A continuing federal role in overseeing state implementation to ensure accountability to the purposes and provisions of federal environmental law.

  5. The requirement for adequate state and federal funding to support full implementation, enforcement and incentives.

  6. Commitment to transparent, science-based decisions that apply relevant legal standards.

  7. Environmental review and public involvement before major federal actions affecting the environment are undertaken.

  8. Recognition of the national interest in federal public lands, waters and special resources such as imperiled fish and wildlife.

Santa Cruz Island is a leading example for successful island restoration and innovative conservation.
Santa Cruz Island Fox Santa Cruz Island is a leading example for successful island restoration and innovative conservation. © Ian Shive

While U.S. environmental laws and statutes have made profound contributions to the health and safety of people; the protection of lands, waters, oceans and wildlife; and the enhancement of science, their implementation has also been selectively criticized.

TNC is focused on working to improve the efficiency and effectiveness of our foundational laws. This framework of laws is a critical part of the ongoing work within the Biden administration to implement the Infrastructure, Investment and Jobs Act and advance their conservation goals through the America the Beautiful initiative.

Potential Enhancements to U.S. Environmental Laws

We should instead focus our efforts on strengthening these laws by doing the following:

  1. Improving decision-making timeframes, coordination between agencies and guidance on roles and responsibilities.

  2. Increasing funding for analysis, implementation and enforcement.

  3. Moving toward holistic or systems approaches that are better able to consider complexity and indirect impacts of actions.

  4. Enhancing monitoring and review of actual outcomes.

  5. Using technology to expand public participation and make decision processes more transparent and inclusive.

Read More

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International Conservation Funding

Build on America’s strong commitment to conservation through cost-effective programs that help promote global security and shared prosperity by sustaining nature and the services it provides to people everywhere.

Photo of a river in early-morning fog.

America the Beautiful

The United States should work to conserve wildlife habitats and biodiversity, slow extinction rates, secure and enhance nature’s contribution to people and grow natural carbon stocks.

Photo of a longleaf pine forest.

The Land and Water Conservation Fund

The Nature Conservancy supports protecting America’s land and water through full funding of the Land and Water Conservation Fund (LWCF). TNC seeks to reconnect Americans to nature by restoring critical large landscapes such as the Everglades and Flint Hills Conservation Areas.