Environmental law
Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources, such as forests, minerals, or fisheries. It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development. As part of both national and international legal frameworks, environmental law seeks to balance environmental preservation with economic and social needs, often through regulatory mechanisms, enforcement measures, and incentives for compliance.
The field emerged prominently in the mid-20th century as industrialization and environmental degradation spurred global awareness, culminating in landmark agreements like the 1972 Stockholm Conference and the 1992 Rio Declaration. Key principles include the precautionary principle, the polluter pays principle, and intergenerational equity. Modern environmental law intersects with human rights, international trade, and energy policy.
Internationally, treaties such as the Paris Agreement, the Kyoto Protocol, and the Convention on Biological Diversity establish cooperative frameworks for addressing transboundary issues. Nationally, laws like the UK's Clean Air Act 1956 and the US Toxic Substances Control Act of 1976 establish regulations to limit pollution and manage chemical safety. Enforcement varies by jurisdiction, often involving governmental agencies, judicial systems, and international organizations. Environmental impact assessments are a common way to enforce environmental law.
Challenges in environmental law include reconciling economic growth with sustainability, determining adequate levels of compensation, and addressing enforcement gaps in international contexts. The field continues to evolve in response to emerging crises such as biodiversity loss, plastic pollution in oceans, and climate change.
History
Examples of laws designed to preserve the environment for its own sake or for human enjoyment are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties, strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the "Great Stink" of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system. London also suffered from terrible air pollution, and this culminated in the "Great Smog" of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and businesses while an inspectorate would enforce compliance.Pollution control
Air quality
is used to identify contaminants present in the air that would result in affecting public health. They test among contaminants and high levels of the major six pollutants, including nitrogen dioxide, ozone, carbon monoxide, and sulfur dioxide. The impacts on air quality reflect on the safety behind what contaminants are safe enough to breathe in. The high levels of pollutants can vary based on seasonal changes and what is more likely to cause an issue with air quality at its peak. Exposure to dangerous pollutants can adverse health effects over time, and can be a potential threat to a decline in population over time.Water quality
Waste management
Consuming less waste can heavily reduce the amount of energy used in products and help minimize consumption of goods over time. Waste separation could potentially lead to having additional resources and filter out waste during that process. Ways to reduce the amount of waste include green purchasing and reducing disposable products that contribute to climate change. Wealth has led to increase in environmental risks with waste produced including corporations, thus limiting the amount of regulation.Contaminant cleanup
Sewage treatments are used for filtering out any contaminants that are present to ensure water quality remains clean and safe to consume. If left untreated for long period of time, antibiotic resistance may occur and will eventually cause health problems as the treatment plants won't get filtered easily. Government officials would need to test often to check the filtering system for efficiency. Wastewater and river ecosystems can effectively remove heavy metals such as lead and cadmium by using sea cucumbers, algae, and decayed plants to reduce the amount of heavy toxins that may be in water.Chemical safety
Chemical safety laws govern the use of chemicals in human activities, particularly human-made chemicals in modern industrial applications. As contrasted with media-oriented environmental laws, chemical control laws seek to manage the pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products, and regulating pesticides.Safety regulations including the Toxic Substances Control Act determine the chemicals that are considered harmful from the Environmental Protection Agency, but end up placing restrictions to several chemicals per year as opposed to finding many other chemicals that would be considered harmful if exposed. According to the EPA, only 200 out of the 84,000 chemicals used in 2013 were used for testing purposes, raising concerns on whether TSCA would be up to date in their database. Chemicals would need to be tested for toxicity, instability, and flammability when coming into contact with other chemicals. It is essential to identify and analyze the different types of chemicals for its potential risks or it could have dangerous outcomes.
Resource sustainability
Impact assessment
Water resources
Water resources laws govern the ownership and use of water resources, including surface water and ground water. Regulatory areas may include water conservation, use restrictions, and ownership regimes.Such laws include the right to be provided clean water at the bare minimum, according to the United Nations Committee. Water resources should be safe, clean, accessible, and affordable for human concern. This also means having facilities that operate in combatting water pollution and provide clean sources of water for maintenance. Duty dumping may occur if one is not held responsible for fulfilling their obligations in attempt to reduce environmental impact. Financial obligations are required for reaching quality standards to avoid risk of contamination that would raise public health concerns. An economic approach is made to provide a budget for having running water regulated normally and varies among countries distribution systems in efforts to reach human standards. Involvement is crucial for helping with water safety concerns, gaining attention of communities to help support programs established to further regulate water consumption.
Mineral resources
Managing mineral resources can be challenging to maintain as supply chains have lower chances of traceability with importing goods from their designated spots for mining. Sustainability and quality processes can be done through regulatory obligations for ensuring the source of importing goods are taken responsibility. The risks that may be involved can include unsafe working conditions as mining is labor-intensive and workers' rights since environmental risks are likely to occur when mining, such as water contamination and ingesting minerals when exposed in the air. Mining conditions can vary by country as some prohibit mining if there are unsafe working conditions while some are likely to be interested as it adheres to investments for mining industries growing in the future.Forest resources
Wildlife and plants
Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity, or as a means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses, prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching.Illegal wildlife trade has become an organized crime, and has led to tracking down poachers through law enforcement and high-level security approaches. Criminal activity involving animals have undergone pressure once regulation standards are established, having activities happen in other places to avoiding law enforcement. Conservationists may argue that it is risky that poachers are likely to be armed with weapons when law hunting down animals, leaving no choice but to recruit armed rangers for stopping their crimes. Tackling illegal wildlife crime would require involvement and support from international policies and law enforcement such as INTERPOL and EUROPOL. EUROPOL had to deal with political pressure to combat environmental crime, making it a priority to focus on. Ecological changes pertaining to human activity caused a decline in wildlife population over time. Relationships between humans and species result in negative outcomes of economic development and cultural significances.