Environmental law

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 (particularly burning of coal) while an inspectorate would enforce compliance. == Pollution control ==

Air quality Air quality index (AQI) 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. 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. 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. 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 (e.g., air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides. Safety regulations including the Toxic Substances Control Act (TSCA) determine the chemicals that are considered harmful from the Environmental Protection Agency (EPA), 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. 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. Duty dumping may occur if one is not held responsible for fulfilling their obligations in attempt to reduce environmental impact. Sustainability and quality processes can be done through regulatory obligations for ensuring the source of importing goods are taken responsibility. 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. Tackling illegal wildlife crime would require involvement and support from international policies and law enforcement such as INTERPOL and EUROPOL. Relationships between humans and species result in negative outcomes of economic development and cultural significances. Overfishing has impacted fisheries with a decline in economic growth and destruction of ecosystems. Another issue is an increase in marine pollution that has a decline of fish population with ocean disposals of toxic waste and lack of oxygen produced, which makes harvesting fish difficult to accomplish. == Principles ==

Environmental law has developed in response to emerging awareness of—and concern over—issues impacting the world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole. Some laws are seen as temporary or transitional where political realities prevent adoption of more ideal rules. Pope Francis in his 2015 encyclical letter ''Laudato si''' acknowledged that "political realism may call for transitional measures and technologies, so long as these are accompanied by the gradual framing and acceptance of binding commitments". The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for the understanding of environmental law around the world. Sustainable development Defined by the United Nations Environment Programme (UNEP) as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" (development cannot be considered in isolation from sustainability) and "interdependence" (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference), and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." Sustainable development has been a core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012, or Rio+20). Equity Defined by UNEP to include intergenerational equity – "the right of future generations to enjoy a fair level of the common patrimony" – and intragenerational equity – "the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources" – environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle. Equity is approached by combatting social justice for the sake of reaching climate goals in having more sustainability. International law decided to shift from equality to equity in hopes of acknowledging the needs and provide fair share of resources. The CBDR principle had been established back in 2015, but was modified by the Paris Agreement regarding climate change. Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle. Community participation is analyzed through international law that looks into environmental law and cases such as genocide and providing aid. Such laws include heritage laws that describe the cultural aspect and property rights of others. Some countries contribute to transboundary pollution and pass on to other places to clean up, establishing laws to decide on holding countries liable on causing damage to resources. Public policies that are managed for sustainability would need financial incentives since the work put into these cases require lots of support and looking into ecological systems. According to the EU, it has not properly defined the meaning of precautionary principle since it depends on protection of resources and policies implemented. Prevention :The concept of prevention can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques and similar techniques can all be seen as applications of the concept of prevention. : :Prevention is necessary to avoid resources destroyed and the amount of budgeting needed to recover from incidents so communities don't fall apart. Natural disasters are unavoidable by taking action before the incident happens can result in safe evacuations. They can be predicted based on people who had previously encountered with a natural disaster. Polluter pays principle The polluter pays principle is the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large." All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle. The rise of carbon emissions have resulted from corporations and facilities that fail to acknowledge the potential risks of climate change over time. Policies that cause environmental damage needs action done in hopes of preventing harm form happening again. Government regulations may set aside the idea of conserving resources for their own benefit and not acknowledging those suffering from it. == Theory ==

Environmental law is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations versus market solutions to achieve even agreed-upon ends. Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. In cases where the science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion. It is very common for regulated industry to argue against environmental regulation on the basis of cost. Difficulties arise in performing cost–benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology is summed up by former Senator and founder of Earth Day Gaylord Nelson, "The economy is a wholly owned subsidiary of the environment, not the other way around." Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. Environmental law conferences – such as the annual Public Interest Environmental Law Conference in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues. An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. == International environmental law ==

Global and regional environmental issues are increasingly the subject of international law. Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations. Customary international law is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include the duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighborliness' or sic utere). Given that customary international law is not static but ever evolving and the continued increase of air pollution (carbon dioxide) causing climate changes, has led to discussions on whether basic customary principles of international law, such as the jus cogens (peremptory norms) and erga omnes principles could be applicable for enforcing international environmental law. Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral) treaties (a.k.a. convention, agreement, protocol, etc.). Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach an agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law is the Kyoto Protocol, which followed from the United Nations Framework Convention on Climate Change. While the bodies that proposed, argued, agreed upon, and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972's United Nations Conference on the Human Environment, 1983's World Commission on Environment and Development, 1992's United Nations Conference on Environment and Development, and 2002's World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing the agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN). International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on the development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages. The courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice, European Court of Human Rights and other regional treaty tribunals. Previous research found that economic development level and the nations' moral value affected environmental regulation compliance. Developed countries like the US, EU, and Australia are urging for better laws targeting the reduction of harmful environmental impacts. It is worth noting that there is a direct correlation between economic development and the distance between law and ethics. Developed countries have a closer relationship between environmental laws and moral values. If a country's legal system is completely divorced from its moral values, people may not abide by the laws and they will lose their significance and effectiveness. Despite environmental regulations, the water in India's River Ganges remains poor as an example. == Around the world ==

Africa According to the International Network for Environmental Compliance and Enforcement (INECE), the major environmental issues in Africa are "drought and flooding, air pollution, deforestation, loss of biodiversity, freshwater availability, degradation of soil and vegetation, and widespread poverty." The U.S. Environmental Protection Agency (EPA) is focused on the "growing urban and industrial pollution, water quality, electronic waste and indoor air from cookstoves." They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to "protect human health, particularly vulnerable populations such as children and the poor." European Union The European Union issues secondary legislation on environmental issues that are valid throughout the EU (so called regulations) and many directives that must be implemented into national legislation from the 27 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the bird Directive (79/409/EEC/ changed to 2009/147/EC)and the habitats directive (92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation, linked to the habitats directive) & SPAs (Special Protected Areas, linked to the bird directive), throughout Europe. EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union (TFEU). Topics for common EU legislation are: • Climate change • Air pollution • Water protection and management • Waste management • Soil protection • Protection of nature, species and biodiversity • Noise pollution • Cooperation for the environment with third countries (other than EU member states) • Civil protection In February 2024, the European Parliament adopted a law making a big, intentionally caused, environmental damage “comparable to ecocide” a crime that can be punished by up to 10 years in prison. The members of the Union should enter it to their national law, during 2 years. The Parliament also approved a nature restoration law which obligate members to restore 20% of degraded ecosystems (including 30% of drained peatland) by 2030 and 100% by 2050. Middle East Environmental law is rapidly growing in the Middle East. The U.S. Environmental Protection Agency is working with countries in the Middle East to improve "environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention." Oceania The main concerns about environmental issues in Oceania are "illegal releases of air and water pollutants, illegal logging/timber trade, illegal shipment of hazardous wastes, including e-waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity". The Secretariat of the Pacific Regional Environmental Programme (SPREP) is an international organization between Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, US, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations. Australia Commonwealth v Tasmania (1983), also known as the "Tasmanian Dam Case", was a highly significant case in Australian environmental law. The Environment Protection and Biodiversity Conservation Act 1999 is the centerpiece of environmental legislation in Australia. It sets up the "legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places" and focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park, and the environment surrounding nuclear activities. However, it has been subject to numerous reviews examining its shortcomings, the latest taking place in mid-2020. The interim report of this review concluded that the laws created to protect unique species and habitats are ineffective. Brazil The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies for protecting the environment, using natural resources sustainably, and enforcing public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. Colombia Colombia has an environmental sanctioning procedure established by Law 1333 of 2009, which applies to individuals and companies that cause environmental damage without authorization, carry out construction without environmental permits, or affect protected areas. The Colombian Criminal Code also establishes crimes to protect natural resources and special protection zones, including ecocide for serious environmental damage, with penalties up to 140 months in prison. Canada The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of the Environment. Their duties include "the preservation and enhancement of the quality of the natural environment, including water, air and soil quality; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology;" The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place March 31, 2000. The Act focuses on "respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development." Other principle federal statutes include the Canadian Environmental Assessment Act, and the Species at Risk Act. When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights, and Clean Water Act. China According to the U.S. Environmental Protection Agency, "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system." Explosive economic and industrial growth in China has led to significant environmental degradation, and China is currently in the process of developing more stringent legal controls. The harmonization of Chinese society and the natural environment is billed as a rising policy priority. Environmental lawsuits have been available in China since the early 2000s. Public protest, however, plays a greater role in shaping China's environmental policy than litigation does. It gives a constitutional basis to environmental protection, which traditionally was part of the legal framework. By this phenomenon, Congolese environmental law is situated between non-regression and the search for efficiency." The Rights of Nature articles in Ecuador's constitution are part of a reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry, most famously the class-action litigation against Chevron, and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa, and sparked a demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living – focused on social, environmental and spiritual wealth versus material wealth – gained popularity among citizens and was incorporated into the new constitution. The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated the incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir." Egypt The Environmental Protection Law outlines the responsibilities of the Egyptian government to "preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on the state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President." India In India, Environmental law is governed by the Environment Protection Act, 1986. This act is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislation specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations include : • The Water (Prevention and Control of Pollution) Act, 1974 • The Water (Prevention and Control of Pollution) Cess Act, 1977 • The Forest (Conservation) Act, 1980 • The Air (Prevention and Control of Pollution) Act, 1981 • Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983 • The Biological Diversity Act, 2002 and the Wild Life Protection Act, 1972 • Batteries (Management and Handling) Rules, 2001 • Recycled Plastics, Plastics Manufacture and Usage Rules, 1999 • The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974. • Water (Prevention and Control of Pollution) Cess Rules, 1978 • Ganga Action Plan, 1986 • The Forest (Conservation) Act, 1980 • Wildlife protection Act, 1972 • The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002. The acts covered under Indian Wild Life Protection Act 1972 do not fall within the jurisdiction of the National Green Tribunal. Appeals can be filed in the Hon'ble Supreme Court of India. • Basel Convention on Control of Transboundary Movements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols • Hazardous Wastes (Management and Handling) Amendment Rules, 2003 Japan The Basic Environmental Law is the basic structure of Japan's environmental policies replacing the Basic Law for Environmental Pollution Control and the Nature Conservation Law. The updated law aims to address "global environmental problems, urban pollution by everyday life, loss of accessible natural environment in urban areas and degrading environmental protection capacity in forests and farmlands." The three basic environmental principles that the Basic Environmental Law follows are "the blessings of the environment should be enjoyed by the present generation and succeeded to the future generations, a sustainable society should be created where environmental loads by human activities are minimized, and Japan should contribute actively to global environmental conservation through international cooperation." Russia The Ministry of Natural Resources and Environment of the Russian Federation makes regulation regarding "conservation of natural resources, including the subsoil, water bodies, forests located in designated conservation areas, fauna and their habitat, in the field of hunting, hydrometeorology and related areas, environmental monitoring and pollution control, including radiation monitoring and control, and functions of public environmental policy making and implementation and statutory regulation." Singapore Singapore is a signatory of the Convention on Biological Diversity; with most of its CBD obligations being overseen by the National Biodiversity Reference Centre, a division of its National Parks Board (NParks). Singapore is also a signatory of the Convention on International Trade in Endangered Animals, with its obligations under that treaty also being overseen by NParks. The Parliament of Singapore has enacted numerous pieces of legislation to fulfil its obligations under these treaties, such as the Parks and Trees Act, Endangered Species (Import and Export) Act, and Wildlife Act. The new Wildlife (Protected Wildlife Species) Rules 2020 marks the first instance in Singapore's history that direct legal protection has been offered for specific named species, as listed in Parts 1-5 of the Rules' schedule. South Africa Thailand As of December 2025, Thailand is on the verge of passing its first Climate Change Act. The Act includes a raft of measures, including climate mitigation, adaptation, carbon markets, taxes, planning systems and green finance. Some of the key features include the establishment of four national-level governance bodies and a Climate Fund to collect revenue from carbon-related mechanisms, like a new carbon tax. A national greenhouse gas registry will mandate private and public sector entities to collect and report emissions. An emissions trading system will also be established that will be used by companies in Thailand’s major polluting sectors: power sector firms, oil, gas and petrochemical companies, airlines and industrial and construction businesses. United Kingdom United States Vietnam Vietnam is currently working with the U.S. Environmental Protection Agency on dioxin remediation and technical assistance in order to lower methane emissions. In March 2002, the U.S. and Vietnam signed the U.S.-Vietnam Memorandum of Understanding on Research on Human Health and the Environmental Effects of Agent Orange/Dioxin. == See also ==