William McKinley President Monument

Reading from the Book of Genesis of environmental law

Several very old laws are the forebears of 21st Century practice...for better or worse.

I've been writing about the environment for years, but here are three presidents I don't think I've ever mentioned: James Monroe, Chester Alan Arthur, and William McKinley.


Each signed versions of a law that morphed—by McKinley's time—into a cornerstone environmental law.

In 1824, Monroe signed the first of more than a dozen laws called the Rivers and Harbors Act.

This is the time in history when the possibly-mythical Johnny Appleseed was planting trees throughout "the West" (Pennsylvania, Ohio, Indiana) at a time when said trees went largely un-hugged.

For the rest of the 19th Century revisions of the Act focused on clearing navigable streams and ports for commercial ships and barges. No laws directly addressed increasing filth—sewage, trash, industrial waste—that a growing America placed in its waterways.

Renewed and bolstered every few years, the Act saw a thorough upgrade during Arthur's three years as president. But it didn't get around to actually protecting rivers and harbors till an 1899 update.

Also called the Refuse Act, it was the first time that dumping waste into waterways carried a criminal penalty.

Violators faced a maximum $2,500 fine or one year's imprisonment. With the creation of the Environmental Protection Agency still some 71 years away, the Army Corps of Engineers was tasked with enforcing the law and issuing permits to those who really, really needed to dump into waterways.

Sewage treatment was still virtually unheard of. The first American chemical treatment plants opened in Worcester, Massachusetts, and East Orange, New Jersey, around 1890, according to www.sewerhistory.org, the gold standard in poop news.

Storm and sanitary sewage ran virtually unabated into waterways for many more years. The Federal Water Pollution Control Act (1948) pulled together more serious enforcement. It was remade as the Clean Water Act in 1972. Richard Nixon vetoed the ambitious bill as too expensive, but bipartisan environmental sentiment resulted in an override.

The Act has never realized its optimum goal of "fishable, swimmable" waterways from coast to coast, but it's regarded as a roaring success in otherwise living up to its name.

Important precursors

National Monuments Glen Canyon

The Antiquities Act has been a presidential tool in protecting National Monuments. (Credit: anokarina/flickr)

John Lacey was an Iowa Congressman who pre-dated Teddy Roosevelt as a Republican conservationist.

He was instrumental in passing the Forest Reserve Act in 1891, creating the precursors to U.S. National Forests. Concern over some of America's most colorful birds vanishing led to the Lacey Act of 1900. The law restricted international trade in species, and is credited with reversing the trend of converting bright plumage into the trendy women's hats of the day. It's also a precursor to the Endangered Species Act.

In 1906, Lacey championed the Antiquities Act. Originally intended to preserve Native American sites in the Southwest from tourists and artifact hunters, presidents from Teddy Roosevelt to Obama have used the Act to create sizable National Monuments, like Bears Ears, a sprawling Utah site designated by President Obama but reduced in size by President Trump.

Air pollution was left largely to state and local governments until 1955, when President Eisenhower signed the Air Pollution Control Act. Major re-writes evolved and strengthened the law in 1965 and 1991.

Let's bring in a fourth 1800's president and two laws he signed in 1872. Ulysses S. Grant gave us the statute now known as the 1872 Mining Law, which allows leasing of some public lands for mining for as little as $5 an acre.

Little has changed in a century-and-a-half, and hard-rock miners can claim an acre of federal land for the price of a bag of Doritos. And the U.S. is a permissive landlord, imposing minimal requirements for companies to clean up their messes.

Environmentalists, backed by some budget hawks, have tried for years to get Congress to modernize or rescind the law, with no success.

Sailor mongering 

In 2002, Greenpeace activists boarded a freighter laden with rainforest mahogany. The U.S. Attorney's office used a 19th Century law to prosecute the Greenpeacers, charging them with sailor mongering under a law last enforced in 1890. The law was designed to prevent unscrupulous mariners from coaxing landlubbers with women of ill repute and demon rum, then kidnapping them to crew on ocean voyages. A judge dismissed the charges in 2004.

Of course, the laws covering clean air and water, and those protecting species and sensitive lands are all under assault by the Trump Administration, and by the government departments and agencies that were intended to support them.

For all the gains and recent losses in environmental law, these issues have never truly gained a foothold as a major issue in presidential politics.

As Donald Trump tends to say when questioned on just about anything..."We'll see."

Banner photo: William McKinley Monument (Credit: THX0477/flickr)

Peter Dykstra is our weekend editor and columnist. His views do not necessarily represent those of Environmental Health News, The Daily Climate or publisher, Environmental Health Sciences. Contact him at pdykstra@ehn.org or on Twitter at @Pdykstra.

A row of solar panels in a desert environment

The 'age of electricity' is here. No one knows what comes next

As the war in Iran upends global fuel markets, two new reports confirm that 2025 was a banner year for renewable energy.

Speech by the President of Ukraine Petro Poroshenko at the 21st session of the UN Conference on Climate Change
Credit: palinchak/BigStock Photo ID: 110010617

As the UN global climate talks lose momentum, a smaller coalition eyes a fossil fuel exit

More than 50 countries will gather in Colombia to try to develop real-world timetables to phase out oil and gas amid global energy shocks and petrostate stalling.
pumpjacks silhouetted against a setting (or rising) sun

Republican lawmakers attempt to shield big oil from climate lawsuits in ‘alarming’ bills

Climate experts and advocates warn House and Senate bills will protect polluters at the cost of the climate.

An aging oil pump jack in a desolate location

‘Cut fossil fuel industry’s lifeline’: How subsidies and petrochemicals are propping up oil and gas

At Colombia energy summit, experts urge ending fossil subsidies, curbing petrochemicals, limiting industry sway, and boosting clean energy.

A Black man talking to his child in a hospital bed

How Canadians pay for fossil fuels with our bodies

The affordability crisis brings about talk of the price at the gas pump, but more Canadians are realizing the cost climate change is taking on our health.

Orange Hitachi excavator working a coal mine.
Credit: Team Kieselteam_kiesel/Unsplash

Move to relax federal coal ash rules 'potentially concerning'

The proposed loosening of federal coal ash disposal regulations is not expected to affect North Carolina’s robust management rules -- at least for the time being.
A wall of servers in a data center
Credit: philip1652/BigStock Photo ID: 7646803

How Google turned its climate program into an AI booster

A "carbon-intelligent computing" tool has come in handy as the tech giant negotiates with utilities to connect data centers to the grid.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.