Environmental Public Health

Topic Summary

Public health is intimately connected to our environment. Toxins and other pollutants present both outdoors and indoors contribute to chronic diseases, such as certain types of cancers and chronic obstructive lung disorders. The design of a community– from the location of sidewalks and bike paths to the type of construction materials used in building — can also affect health. Scientists are constantly learning more about the relationship between exposure to elements in the environment and public health.  

Primary Legal Issues

Federal, state and local public health officials enforce laws and regulations preventing involuntary exposure to known toxins, including imposing requirements for drinking water, setting certain standards for safe water for swimming, boating or fishing, and requiring landlords to provide lead-free housing to tenants. Knowledge about the link between the built environment and obesity has contributed to efforts to mandate that new communities be built to include access to safe places where children can play and adults can exercise.

State and local public health practitioners dealing with environmental health can be confronted with a number of legal issues. Because the federal government has adopted a comprehensive regulatory scheme for environmental protection, state and local governments may be limited in their ability to pass laws that impose different standards than those imposed by federal law. Likewise, the existence of state laws may restrict passage of local laws. Federal environmental laws also regulate the ability of a state or local government to bring a lawsuit against an alleged polluter, and the right of individuals or groups to bring suit may also be regulated by federal and state law.

Technical Assistance Capacity

The Network for Public Health Law is prepared to provide technical assistance to public health practitioners developing and implementing effective environmental health laws and policies. The Network has access to top-ranked experts in environmental law who can bring decades of experience in studying, developing and advocating for environmental policy change to improve public health.

For legal technical assistance and support on environmental public health or any of the public health topics, please contact your region. Your region will connect you with the appropriate expert based on your request.

Resources

• The 5-part product series on the legal issues surrounding fracking includes an overview of the impacts on the environment and communities, a summary of state and federal laws governing fracking and responses to questions asked during the webinar, Fracking – Is It Just a Dirty Word?: Environmental and Public Health Considerations of Hydrofracturing.
• The fact sheet, Legal Interventions for Environmental Hazards, summarizes drafting orders to protect the public from environmental hazards, specifically regarding Michigan public health code.
• The brief, Mahoning County District Board of Health Lead Hazard Court Process and Outcomes, has innovative ideas to address lead poisoning and encourage remediation of houses containing lead hazards.