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14 Constr. Law. 1 (1994)

handle is hein.journals/conlaw14 and id is 1 raw text is: Voum 1 Number *aur 1940h Es OU 0. ......Lwe * *RU~ ::: r ... ... Environmental Laws Affecting the Construction Industry: A Primer Kathiann M. Kowalski While the construction industry is certainly not unique in being subject to environmental laws and reg- ulations at the federal, state and local level, the number of players for any single project and the changing nature of work sites place added burdens and concerns on companies who seek to comply. Starting in 1970 with the Kathiann M. Kowaiski creation of the U.S. Envi- ronmental Protection Agency, environmental law in the United States has expanded at an exponential rate. The first priorities were visible, obvious pollution problems, such as raw sewage discharges, untreated industrial wastewater, rodent-infested open dumps, and black, sooty smokestacks. Today, the focus is on controlling discharges and emis- sions of chemicals that may have chronic effects, even at low exposure levels. Moreover, rather than directing atten- tion towards a single medium at a time, such as air, water or soil, regulators and industry both are more attuned to focusing on total releases of contaminants and implement- ing meaningful pollution prevention programs. As the maze of environmental laws and regulations grows, virtually every industry has found itself subject to new requirements, and an increase in costs. Sometimes it has meant a choice between shutting down or coming up with a way to achieve stringent emission limitations. Planning for environmental compliance will be more effective and less expensive when it is addressed at the out- set of a project, rather than after unanticipated costs have been incurred or-even worse-after civil or criminal enforcement has begun. Kathiann M. Kowalski is a partner with Squire, Sanders & Dempsey, in Cleveland, where her practice encompasses virtually all areas of environmental law, with particular emphasis upon environmental issues affecting the construction industry. She is the ad hoc articles editor for this issue of The Construction Lawyer. Federalism at Work James Madison and Alexander Hamilton would have been amazed by the extent to which environmental regula- tion in the United States demonstrates the principles of fed- eralism they espoused more than 200 years ago. Proponents would marvel at the extent to which a strong federal gov- ernment sets forth national standards under authority of the Commerce Clause of the Constitution, while reserving to the states authority to impose standards necessary for pro- tection of public health and welfare at the local level. Crit- ics would argue that the result is a maze of confusing regulation that imposes far more costs than are necessary to accomplish legitimate governmental goals. Regardless of whether one approves or disapproves, however, he or she must comply with the environmental laws. Otherwise, both a company and its responsible corporate officers risk civil and criminal liability. Most of the major federal environmental laws set forth national standards which are administered by the U.S. Environmental Protection Agency. Subject to EPA over- (continued on page 54)

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