Environmental, Homeland Security Laws Needed for Drinking Water Protection

November 2003

The tragic events of September 11, 2001 ushered in fundamental changes to our society and system of governance, including both responsive and proactive measures designed to protect Americans from terrorist acts. As the nation builds its homeland security, there is an urgent need to maximize protection of people, communities, and natural resources using both new homeland security authorities and existing environmental laws. An Environmental Law Institute® report analyzes the overlap between traditional environmental and new homeland security laws relating to drinking water protection.

"Our challenge is to devise a system of governance that secures our country’s environment and health from intentional, natural, and accidental acts that result in environmental degradation and adverse health effects," said ELI President Leslie Carothers. "Achieving these dual purposes will also ensure maximum use of increasingly limited government resources."

Homeland Security and Drinking Water Protection: An Opportunity for Comprehensive Protection of A Vital Natural Resource identifies federal environmental authorities and their potential applicability to homeland security issues. Authorities covered include the Safe Drinking Water Act (SDWA), Clean Water Act (CWA), Toxic Substances Control Act (TSCA), National Environmental Policy Act (NEPA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Emergency Planning and Community Right-to-Know Act (EPCRA), and Freedom of Information Act (FOIA).

The report also addresses the vital role of states in protecting drinking water and homeland security, and identifies state legislation and policies adopted for these purposes. In addition, the report identifies opportunities for constructive interaction between federal, state, and local governments; water utilities; emergency preparedness personnel; academic institutions; health, technical and legal sectors; non-governmental organizations; and the general public.

Copies of Homeland Security and Drinking Water Protection, a summary brochure, and related materials are available for free download at www.elistore.org. For more information about this report, please contact B. Suzi Ruhl, Director of ELI’s Center for Public Health and Law, at ruhl@eli.org or 202-939-3800.