When the U.S. Congress writes an environmental law, the Environmental Protection Agency (EPA) implements it by writing regulations. Often, the EPA sets national standards that each of the states and tribes enforce through their own regulations. If states and tribes fail to meet the national standards, the EPA can help them. The EPA also enforces its regulations and helps businesses understand the requirements.
Businesses and industries with operations that may impact the environment are often subject to regulations written by the EPA. Some examples of businesses and industries subject to EPA regulations include:
• Agriculture
• Automotive
• Construction
• Electric Utilities
• Oil & Gas
• Transportation
• Dry Cleaning
• Education/Schools
• Forestry & Logging
• Health Care & Social Assistance
• Mining
• Manufacturing
• Water & Sewage Utilities
• Public Administration & Government
Businesses in these and other industries must comply with applicable environmental laws and EPA regulations—as well as state environmental laws and regulations. In addition to compliance with environmental laws and regulations, businesses in these industries often must address environmental matters when buying and selling their businesses and entering into transactions for products and services. For example, it is often important in such transactions to allocate risks and costs related to environmental cleanup, compliance, and other issues.
In New Jersey, as in other states, businesses and industries are subject to both federal and state environmental regulations. The U.S. Environmental Protection Agency (EPA) is responsible for implementing federal environmental laws by creating regulations that set national standards. New Jersey's own environmental agency, the New Jersey Department of Environmental Protection (NJDEP), enforces these standards and has the authority to implement its own regulations that are at least as stringent as the EPA's. If businesses in sectors such as agriculture, automotive, construction, utilities, and others fail to meet these standards, they can face enforcement actions from either the EPA or the NJDEP. When businesses engage in transactions, they must consider environmental liabilities, including the allocation of risks and costs associated with environmental cleanup and compliance. An attorney with expertise in environmental law can help businesses navigate these complex regulations and transactions to ensure compliance and mitigate risks.