0.23 Environmental laws & Regulations  (Page 3/3)

Some of California's environmental regulations preceded similar federal laws. For example, California established the nation’s first air quality program in the 1950s. Much of the federal Clean Air Act amendments of 1990 were based upon the California Clean Air Act of 1988 . California also pioneered advances in vehicle emission controls, control of toxic air pollutants and control of stationary pollution sources before federal efforts in those areas. The Porter-Cologne Act of 1970 , upon which the state’s water quality program is based, also served as the model for the federal Clean Water Act.

California's state environmental regulations are sometimes more stringent than the federal laws (e.g., the California Clean Air Act and vehicle emissions standards). In other program areas, no comparable federal legislation exists. For example, the California Integrated Waste Management Act established a comprehensive, statewide system of permitting, inspections, enforcement and maintenance for solid waste facilities and sets minimum standards for solid waste handling and disposal to protect air, water and land from pollution. Also, Proposition 65 ( Safe Drinking Water and Toxic Enforcement Act ) requires the Governor to publish a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm.

Despite the state’s leadership in environmental programs and laws, the creation of a cabinet-level environmental agency in California lagged more than two decades behind the establishment of the federal EPA. Originally, organization of California's environmental quality programs was highly fragmented. Each separate program handled a specific environmental problem (e.g., the Air Resources Board ), with enforcement responsibility falling to both state and local governments. It was not until 1991 that a California EPA was finally established and united the separate programs under one agency.

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.