Can you imagine factories in the United States spewing noxious smoke into the air without regulation?  Do you remember a time when industries could dump toxic waste into public waterways without repercussion? 

If you cannot, it’s likely that you were born after 1970.  Prior to 1970, environmental regulations were virtually non-existent in the United States.  Fortunately, then junior Senator Gaylord Nelson of Wisconsin, an early environmental activist, saw pollution as the national issue it was and pushed for change.   Inspired by southwestern Pennsylvania conservationist, Rachel Carson, and her 1962 book on the harms of pesticides, Silent Spring, and outraged by a 1969 oil spill in Santa Barbara, California, which caused the immediate deaths of thousands of marine animals, Senator Nelson proposed the idea of a teach-in on college campuses to bring national attention to environmental concerns in the spring of 1970.  Subsequently aided by Denis Hayes, a graduate student at Harvard University, the collegiate idea was expanded to connect with Americans of all ages and backgrounds, and the moniker Earth Day was born.

The first Earth Day was observed nationally on April 22, 1970.  On that day, an estimated 20 million people celebrated with events at elementary and secondary schools, colleges and universities, and community and city centers across the country.  The inaugural Earth Day is widely considered the largest single-day protest in human history.  It was a rare bipartisan event, bringing together Republicans and Democrats; city dwellers, suburbanites, and farmers; and both business leaders and laborers.

The first Earth Day was a success.  The protestors’ voices had been heard!  They had an advocate in President Richard Nixon, who said in his 1970 State of the Union Address, "Clean air, clean water, open spaces - these should once again be the birthright of every American."  By July 1970, President Nixon had called for the establishment of the Environmental Protection Agency, and it was created upon authorization of Congress that December.  President Nixon signed the Clean Air Act into law on December 31, 1970; Congress enacted the Clean Water Act on October 18, 1972; and President Nixon signed the Endangered Species Act into law on December 28, 1973.  Amendments to these laws have followed in the past 50 years, and the EPA has continued its regulation of environmental pollutants in the United States.

However, many argue that not enough has been done since 1970 to combat the effects of climate change.  Therefore, Earth Day’s legacy and observance continues.  In 1990, Denis Hayes organized a global earth day with more than 200 million people in 140 countries participating.  It is estimated that in 2022, more than 1 billion people in more than 190 countries gathered for Earth Day celebrations to demonstrate or participate in community cleanup events.  

The theme of Earth Day 2023 is “Invest in Our Planet.”  If you want to personally participate, there are countless ways to do so.  Some ideas include planting a tree; bringing your own bags with you to the grocery store; recycling and reusing, if possible; giving your car a break by walking, biking, carpooling, or taking public transportation; conserving water around your home by running your dishwasher as opposed to hand washing or turning off the tap while brushing your teeth; or cleaning up plastic and other waste in your community.

Novelist Wendall Berry has said that “the Earth is what we all have in Common.”  We can all make changes to impact our Earth.

Melissa S. Jackson is a partner in the firm’s Pittsburgh office.