The Paradox of Politics

  • May 11, 2007

Just as “it takes two to tango,” it has taken two political parties working in tandem over the last few decades in the United States to produce the vast majority of major federal environmental laws. Over the last four decades, almost 70 percent of major federal environmental protection legislation has been brought about by the combination of a Republican president and an all-Democratic Congress.

As a result of the 2006 U.S. midterm election, the Democratic Party gained a majority of state governorships and U.S. House and Senate seats. Democratic control of Congress may provide a strong counterbalance to the president and trigger a process that could result in more debates on environmental issues. How will the results of the 2006 election and change of political leadership affect U.S. environmental policy in the next few years? This article follows the history and trends of federal environmental law development, which may bring some insight to the future direction of U.S. environmental legislation. In additional to political leadership in the government, cultural and social drivers also play an important role in the development of environmental laws. As an example, the Oil Pollution Act of 1990, which was supported by all members of Congress, was signed into law after the Exxon Valdez oil spill that occurred in Prince William Sound in Alaska. While each law may have its own driving force and history, this article concentrates on the historical relationship of environmental laws and party division.


Sixty-seven “significant” federal environmental laws were identified to examine the long-range trends in regulatory development in relation to political party divisions in the government. (Significant environmental laws are defined as those implemented by industry groups and considered important at the national level.) However, this article focuses on the 26 “major” environmental laws enacted since 1965 (see Table 1). These 26 laws, defined by the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDA), are fundamental laws that form the legal framework for U.S. environmental legislation. Most of the major environmental laws, such as the Clean Water Act, Clean Air Act, National Environmental Policy Act and the Oil Pollution Act of 1990, were passed from 1970 to 1990.

Table One: List of Major Environmental Laws
Environmental Laws
Year Enacted
President
Presidential Party
Senate Majority
House Majority
Freedom of Information Act
 1966 Johnson D D D
Clean Air Act Amendments 1970 Nixon R D D
National Environmental Policy Act 1970 Nixon R D D
Occupational Safety and Health Act 1970 Nixon R D D
Clean Water Act 1972 Ford R D D
Coastal Zone Management Act 1972 Nixon R D D

Federal Insecticide, Fungicide, and
Rodenticide Act Amendment

 1972 Nixon R D D
Marine Mammal Protection Act 1972 Nixon R D D
Endangered Species Act 1973 Nixon R D D
Safe Drinking Water Act 1974 Ford R D D
Federal Land Policy and Management Act 1976 Ford R D D
Fisheries Conservation and Management
Act (Magnuson-Stevens Act)		 1976 Ford R D D
Resource Conservation and Recovery Act (RCRA)
1976		 1976 Ford R D D
Toxic Substances Control Act 1976 Ford R D D
Clean Water Act Amendments 1977 Carter D D D
Surface Mining Control and Reclamation Act 1977 Carter D D D
Comprehensive Environmental Response,
Compensation and Liability Act
(CERCLA or Superfund)		 1980 Carter D D D
Emergency Planning and Community
Right-To- Know Act (EPCRA)		 1986 Reagan R R D
Superfund Amendments and
Reauthorization Act (SARA)		 1986 Reagan R R D
Clean Water Act Amendments 1987 Reagan R D D
Clean Air Act Amendments 1990 Bush R D D
Clean Water Act Amendments 1990 Bush R D D
Oil Pollution Control Act 1990 Bush R D D
Pollution Prevention Act 1990 Bush R D D

Food Quality Protection Act		 1996 Clinton D R R
Chemical Safety Information, Site
Security and Fuels Regulatory Relief Act		 1999 Clinton D R R
R = Republican
D = Democratic

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