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Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific
natural resources Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. ...
, such as
forest A forest is an area of land dominated by trees. Hundreds of definitions of forest are used throughout the world, incorporating factors such as tree density, tree height, land use, legal standing, and ecological function. The United Nations' ...
s,
mineral In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. (2 ...
s, or fisheries. Other areas, such as
environmental impact assessment Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental imp ...
, may not fit neatly into either category, but are nonetheless important components of environmental law.


History

Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, the primary protection was found in the law of
nuisance Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...
, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties,
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...
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 The Great Stink was an event in Central London during July and August 1858 in which the hot weather exacerbated the smell of untreated human waste and industrial effluent that was present on the banks of the River Thames. The problem had been m ...
" of 1858, the dumping of sewerage into the
River Thames The River Thames ( ), known alternatively in parts as the The Isis, River Isis, is a river that flows through southern England including London. At , it is the longest river entirely in England and the Longest rivers of the United Kingdom, se ...
began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the
Metropolitan Commission of Sewers Act 1848 The Metropolitan Commission of Sewers was one of London's first steps towards bringing its sewer and drainage infrastructure under the control of a single public body. It was absorbed by the Metropolitan Board of Works on 1 January 1856. Format ...
had allowed the Metropolitan Commission for Sewers to close
cesspit A cesspit (or cesspool or soak pit in some contexts) is a term with various meanings: it is used to describe either an underground holding tank (sealed at the bottom) or a soak pit (not sealed at the bottom). It can be used for the temporary co ...
s 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 The London sewer system is part of the water infrastructure serving London, England. The modern system was developed during the late 19th century, and as London has grown the system has been expanded. It is currently owned and operated by Thames ...
. London also suffered from terrible
air pollution Air pollution is the contamination of air due to the presence of substances in the atmosphere that are harmful to the health of humans and other living beings, or cause damage to the climate or to materials. There are many different type ...
, and this culminated in the " Great Smog" of 1952, which in turn triggered its own legislative response: the
Clean Air Act 1956 The Clean Air Act 1956 was an Act of the Parliament of the United Kingdom enacted principally in response to London's Great Smog of 1952. It was sponsored by the Ministry of Housing and Local Government in England and the Department of Heal ...
. The basic regulatory structure was to set limits on emissions for households and businesses (particularly burning of
coal Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal is formed when ...
) while an inspectorate would enforce compliance.


Pollution control


Air quality

Air The atmosphere of Earth is the layer of gases, known collectively as air, retained by Earth's gravity that surrounds the planet and forms its planetary atmosphere. The atmosphere of Earth protects life on Earth by creating pressure allowing f ...
quality laws


Water quality


Waste management

Waste management laws


Contaminant cleanup

Environmental cleanup laws


Chemical safety

Chemical safety laws govern the use of
chemicals A chemical substance is a form of matter having constant chemical composition and characteristic properties. Some references add that chemical substance cannot be separated into its constituent elements by physical separation methods, i.e., wit ...
in human activities, particularly man-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 Bisphenol A (BPA) is a chemical compound primarily used in the manufacturing of various plastics. It is a colourless solid which is soluble in most common organic solvents, but has very poor solubility in water. BPA is produced on an industrial ...
in plastic bottles), and regulating
pesticides Pesticides are substances that are meant to control pests. This includes herbicide, insecticide, nematicide, molluscicide, piscicide, avicide, rodenticide, bactericide, insect repellent, animal repellent, microbicide, fungicide, and la ...
.


Resource sustainability


Impact assessment

Environmental impact assessment


Water resources

Water resources laws govern the ownership and use of
water resources Water resources are natural resources of water that are potentially useful for humans, for example as a source of drinking water supply or irrigation water. 97% of the water on the Earth is salt water and only three percent is fresh water; slight ...
, including
surface water Surface water is water located on top of land forming terrestrial (inland) waterbodies, and may also be referred to as ''blue water'', opposed to the seawater and waterbodies like the ocean. The vast majority of surface water is produced by pre ...
and
ground water Groundwater is the water present beneath Earth's surface in rock and soil pore spaces and in the fractures of rock formations. About 30 percent of all readily available freshwater in the world is groundwater. A unit of rock or an unconsolidate ...
. Regulatory areas may include water conservation, use restrictions, and ownership regimes.


Mineral resources

Mineral resource laws cover


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 Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species ('' species diversity''), and ecosystem ('' ecosystem diversity'') ...
, or as a means for protecting species deemed important for other reasons. Regulatory efforts may including the creation of special
conservation status The conservation status of a group of organisms (for instance, a species) indicates whether the group still exists and how likely the group is to become extinct in the near future. Many factors are taken into account when assessing conservation ...
es, 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 Poaching has been defined as the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set a ...
.


Fish and game

Fish and game laws regulate the right to pursue and take or kill certain kinds of
fish Fish are Aquatic animal, aquatic, craniate, gill-bearing animals that lack Limb (anatomy), limbs with Digit (anatomy), digits. Included in this definition are the living hagfish, lampreys, and Chondrichthyes, cartilaginous and bony fish as we ...
and wild animal (
game A game is a structured form of play, usually undertaken for entertainment or fun, and sometimes used as an educational tool. Many games are also considered to be work (such as professional players of spectator sports or games) or art (suc ...
). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
and
populations Population typically refers to the number of people in a single area, whether it be a city or town, region, country, continent, or the world. Governments typically quantify the size of the resident population within their jurisdiction using a ...
of fish and game. Game laws can provide a legal structure to collect
license A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
fees and other
money Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money ar ...
which is used to fund
conservation Conservation is the preservation or efficient use of resources, or the conservation of various quantities under physical laws. Conservation may also refer to: Environment and natural resources * Nature conservation, the protection and manageme ...
efforts as well as to obtain harvest information used in
wildlife management Wildlife management is the management process influencing interactions among and between wildlife, its habitats and people to achieve predefined impacts. It attempts to balance the needs of wildlife with the needs of people using the best availabl ...
practice.


Principles

Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire 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. 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 The United Nations Environment Programme (UNEP) is responsible for coordinating responses to environmental issues within the United Nations system. It was established by Maurice Strong, its first director, after the United Nations Conference on ...
(UNEP) as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs,"
sustainable development Sustainable development is an organizing principle for meeting human development goals while also sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. The ...
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 Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental imp ...
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 The United Nations Conference on the Human Environment was held in Stockholm, Sweden, from June 5–16 in 1972. When the United Nations General Assembly decided to convene the 1972 Stockholm Conference, taking up the offer of the Government of S ...
(Stockholm Conference), and the driving force behind the 1983
World Commission on Environment and Development The Brundtland Commission, formerly the World Commission on Environment and Development, was a sub-organization of the United Nations (UN) that aimed to unite countries in pursuit of sustainable development. It was founded in 1983 when Javier Pé ...
(WCED, or Bruntland Commission). In 1992, the first UN
Earth Summit The United Nations Conference on Environment and Development (UNCED), also known as the Rio Conference or the Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992. Earth Su ...
resulted in the
Rio Declaration The Rio Declaration on Environment and Development, often shortened to Rio Declaration, was a short document produced at the 1992 United Nations "Conference on Environment and Development" (UNCED), informally known as the Earth Summit. The Rio Decl ...
, 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 The World Summit on Sustainable Development 2002, took place in South Africa, from 26 August to 4 September 2002. It was convened to discuss ustainable developmentorganizations, 10 years after the first Earth Summit in Rio de Janeiro. (It was the ...
(Earth Summit 2002), and the
United Nations Conference on Sustainable Development The United Nations Conference on Sustainable Development (UNCSD), also known as Rio 2012, Rio+20 (), or Earth Summit 2012 was the third international conference on sustainable development aimed at reconciling the economic and environmental goals ...
(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.


Transboundary responsibility

Defined in the international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the
sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined ter ...
. Laws that act to limit
externalities In economics, an externality or external cost is an indirect cost or benefit to an uninvolved third party that arises as an effect of another party's (or parties') activity. Externalities can be considered as unpriced goods involved in either c ...
imposed upon human health and the environment may be assessed against this principle.


Public participation and transparency

Identified as essential conditions for "accountable governments,... industrial concerns," and organizations generally, public participation and transparency are presented by UNEP as requiring "effective protection of the human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality," and "effective judicial and administrative proceedings." These principles are present in
environmental impact assessment Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental imp ...
, laws requiring publication and access to relevant environmental data, and
administrative procedure Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adj ...
.


Precautionary principle

One of the most commonly encountered and controversial principles of environmental law, the
Rio Declaration The Rio Declaration on Environment and Development, often shortened to Rio Declaration, was a short document produced at the 1992 United Nations "Conference on Environment and Development" (UNCED), informally known as the Earth Summit. The Rio Decl ...
formulated the precautionary principle as follows:
In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation Environmental degradation is the deterioration of the environment through depletion of resources such as quality of air, water and soil; the destruction of ecosystems; habitat destruction; the extinction of wildlife; and pollution. It is defin ...
.
The principle may play a role in any debate over the need for environmental regulation.


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.


Polluter pays principle

The polluter pays principle stands for the idea that "the envir # # # * * onmental 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 Environmental remediation deals with the removal of pollution or contaminants from environmental media such as soil, groundwater, sediment, or surface water. Remedial action is generally subject to an array of regulatory requirements, and may al ...
and compliance with pollution control regulations involve this principle.


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 vs. 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 Earth Day is an annual event on April 22 to demonstrate support for environmental protection. First held on April 22, 1970, it now includes a wide range of events coordinated globally by EarthDay.org (formerly Earth Day Network) including 1 b ...
Gaylord Nelson Gaylord Anton Nelson (June 4, 1916July 3, 2005) was an American politician and environmentalist from Wisconsin who served as a United States senator and governor. He was a member of the Democratic Party and the founder of Earth Day, which launch ...
, "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 International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations.
Customary international law Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
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 neighbourliness' 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 Bilateral may refer to any concept including two sides, in particular: *Bilateria, bilateral animals *Bilateralism, the political and cultural relations between two states *Bilateral, occurring on both sides of an organism ( Anatomical terms of l ...
)
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
(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 The Kyoto Protocol was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that (part ...
, which followed from the
United Nations Framework Convention on Climate Change The United Nations Framework Convention on Climate Change (UNFCCC) established an international environmental treaty to combat "dangerous human interference with the climate system", in part by stabilizing greenhouse gas concentrations in ...
. 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 The United Nations Conference on the Human Environment was held in Stockholm, Sweden, from June 5–16 in 1972. When the United Nations General Assembly decided to convene the 1972 Stockholm Conference, taking up the offer of the Government of S ...
, 1983's
World Commission on Environment and Development The Brundtland Commission, formerly the World Commission on Environment and Development, was a sub-organization of the United Nations (UN) that aimed to unite countries in pursuit of sustainable development. It was founded in 1983 when Javier Pé ...
, 1992's
United Nations Conference on Environment and Development The United Nations Conference on Environment and Development (UNCED), also known as the Rio Conference or the Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992. Earth Su ...
, and 2002's
World Summit on Sustainable Development The World Summit on Sustainable Development 2002, took place in South Africa, from 26 August to 4 September 2002. It was convened to discuss ustainable developmentorganizations, 10 years after the first Earth Summit in Rio de Janeiro. (It was the ...
have been particularly important.
Multilateral environmental agreement An international environmental agreement or sometimes environmental protocol, is a type of treaty binding in international law, allowing them to reach an environmental goal. In other words, it is "an intergovernmental document intended as legal ...
s 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 (shorter name for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention) is a multilateral treaty to protect endangered plants and animals from the threats of intern ...
(CITES) and the
International Union for Conservation of Nature The International Union for Conservation of Nature (IUCN; officially International Union for Conservation of Nature and Natural Resources) is an international organization working in the field of nature conservation and sustainable use of natu ...
(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 The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
(ICJ), the International Tribunal for the Law of the Sea (ITLOS), the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European U ...
,
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
and other regional treaty tribunals.


Around the world


Africa

According to the
International Network for Environmental Compliance and Enforcement The International Network for Environmental Compliance and Enforcement (INECE) is a global network of environmental compliance and enforcement practitioners dedicated to raising awareness of compliance and enforcement across the regulatory cycle; de ...
(INECE), the major
environmental issues in Africa Environmental issues can be defined as the harmful effects of any human activity on the environment. African environmental issues are caused by anthropogenic effects on the African natural environment and have major impacts on humans and nearly a ...
are "drought and
flood A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are an area of study of the discipline hydrol ...
ing, air pollution,
deforestation Deforestation or forest clearance is the removal of a forest or stand of trees from land that is then converted to non-forest use. Deforestation can involve conversion of forest land to farms, ranches, or urban use. The most concentrated ...
,
loss of biodiversity Biodiversity loss includes the worldwide extinction of different species, as well as the local reduction or loss of species in a certain habitat, resulting in a loss of biological diversity. The latter phenomenon can be temporary or permanent, de ...
, freshwater availability, degradation of soil and vegetation, and widespread poverty." The
U.S. Environmental Protection Agency The Environmental Protection Agency (EPA) is an Independent agencies of the United States government, independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon pro ...
(EPA) is focused on the "growing urban and industrial pollution, water quality,
electronic waste Electronic waste or e-waste describes discarded electrical or electronic devices. Used electronics which are destined for refurbishment, reuse, resale, salvage recycling through material recovery, or disposal are also considered e-waste. Inform ...
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." In order to accomplish these goals in Africa, EPA programs are focused on strengthening the ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards.


Asia

The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR.


European Union

The
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
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 In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to ...
*
Air pollution Air pollution is the contamination of air due to the presence of substances in the atmosphere that are harmful to the health of humans and other living beings, or cause damage to the climate or to materials. There are many different type ...
* Water protection and management *
Waste management Waste management or waste disposal includes the processes and actions required to manage waste from its inception to its final disposal. This includes the collection, transport, treatment and disposal of waste, together with monitorin ...
*
Soil protection Soil conservation is the prevention of loss of the topmost layer of the soil from erosion or prevention of reduced fertility caused by over usage, acidification, salinization or other chemical soil contamination. Slash-and-burn and other uns ...
*
Protection of nature Nature conservation is the moral philosophy and conservation movement focused on protecting species from extinction, maintaining and restoring habitats, enhancing ecosystem services, and protecting biological diversity. A range of values under ...
, species and
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species ('' species diversity''), and ecosystem ('' ecosystem diversity'') ...
*
Noise pollution Noise pollution, also known as environmental noise or sound pollution, is the propagation of noise with ranging impacts on the activity of human or animal life, most of them are harmful to a degree. The source of outdoor noise worldwide is mai ...
* Cooperation for the environment with third countries (other than EU member states) *
Civil protection Civil defense ( en, region=gb, civil defence) or civil protection is an effort to protect the citizens of a state (generally non-combatants) from man-made and natural disasters. It uses the principles of emergency operations: prevention, miti ...


Middle East

Environmental law is rapidly growing in the Middle East. The U.S.
Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale ...
is working with countries in the
Middle East The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
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
pollutant A pollutant or novel entity is a substance or energy introduced into the environment that has undesired effects, or adversely affects the usefulness of a resource. These can be both naturally forming (i.e. minerals or extracted compounds like o ...
s,
illegal logging Illegal logging is the harvest, transportation, purchase or sale of timber in violation of laws. The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests; extraction without permission, or from a ...
/timber trade, illegal shipment of
hazardous waste Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits: ignitability, reactivity, cor ...
s, 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, USA, 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 ''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and ...
'' (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 The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and cult ...
'' is the centrepiece 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 A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free (anoxic) processes prevailing, especially in the soils. The p ...
of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas,
Great Barrier Reef Marine Park The Great Barrier Reef Marine Park protects a large part of Australia's Great Barrier Reef from damaging activities. It is a vast multiple-use Marine Park which supports a wide range of uses, including commercial marine tourism, fishing, ports an ...
, 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 An environmental ministry is a national or subnational government agency politically responsible for the environment and/or natural resources. Various other names are commonly used to identify such agencies, such as Ministry of the 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.


Canada

The Department of the Environment Act establishes the
Department of the Environment An environmental ministry is a national or subnational government agency politically responsible for the environment and/or natural resources. Various other names are commonly used to identify such agencies, such as Ministry of the Environment, ...
in the Canadian government as well as the position
Minister of the Environment An environment minister (sometimes minister of the environment or secretary of the environment) is a cabinet position charged with protecting the natural environment and promoting wildlife conservation. The areas associated with the duties of an ...
. 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 The ''Canadian Environmental Assessment Act, 2012'' (CEAA 2012) (the ''Act'') and its regulations established the legislative basis for the federal practice of environmental assessment in most regions of Canada from 2012 to 2019. It was repealed w ...
, and the
Species at Risk Act The ''Species at Risk Act'' (SARA) (the ''Act'') is a piece of Canadian federal legislation which became law in Canada on December 12, 2002. It is designed to meet one of Canada's key commitments under the International Convention on Biological D ...
. 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 The ''Environmental Bill of Rights'' (EBR) is a provincial law in Ontario, Canada passed in 1993 to provide a bill of rights to Ontario residents for environmental matters. Significantly, it gives Ontario residents the right to participate in en ...
, and
Clean Water Act The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibiliti ...
.


China

According to the U.S.
Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale ...
, "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.


Congo (RC)

In the Republic of Congo, inspired by the African models of the 1990s, the phenomenon of constitutionalization of environmental law appeared in 1992, which completed an historical development of environmental law and policy dating back to the years of independence and even long before the colonization. It gives a constitutional basis to environmental protection, which traditionally was part of the legal framework. The two Constitutions of 15 March 1992 and 20 January 2002 concretize this paradigm, by stating a legal obligation of a clean environment, by establishing a principle of compensation and a foundation of criminal nature. By this phenomenon, Congolese environmental law is situated between non-regression and the search for efficiency."


Ecuador

With the enactment of the 2008 Constitution,
Ecuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
became the first country in the world to codify the
Rights of Nature Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentie ...
. The Constitution, specifically Articles 10 and 71–74, recognizes the inalienable rights of
ecosystem An ecosystem (or ecological system) consists of all the organisms and the physical environment with which they interact. These biotic and abiotic components are linked together through nutrient cycles and energy flows. Energy enters the syst ...
s to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it. 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 The petroleum industry, also known as the oil industry or the oil patch, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The larges ...
, most famously the class-action litigation against
Chevron Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock la ...
, and the failure of an extraction-based economy and
neoliberal Neoliberalism (also neo-liberalism) is a term used to signify the late 20th century political reappearance of 19th-century ideas associated with free-market capitalism after it fell into decline following the Second World War. A prominent f ...
reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President
Rafael Correa Rafael Vicente Correa Delgado (; born 6 April 1963), known as Rafael Correa, is an Ecuadorian politician and economist who served as President of Ecuador from 2007 to 2017. The leader of the PAIS Alliance political movement from its foundation ...
, 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.Gudynas, Eduardo. 2011. Buen Vivir: Today's Tomorrow Development 54(4):441-447. 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."Becker, Marc. 2011 Correa, Indigenous Movements, and the Writing of a New Constitution in Ecuador. ''Latin American Perspectives'' 38(1):47-62.


Egypt

The
Environmental Protection Law Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the manage ...
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 legislations 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 TransboundaryMovements 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." From these principles, the Japanese government have established policies such as "environmental consideration in policy formulation, establishment of the Basic Environment Plan which describes the directions of long-term environmental policy, environmental impact assessment for development projects, economic measures to encourage activities for reducing environmental load, improvement of social infrastructure such as sewerage system, transport facilities etc., promotion of environmental activities by corporations, citizens and NGOs, environmental education, and provision of information, promotion of science and technology."


New Zealand

The Ministry for the Environment and Office of the Parliamentary Commissioner for the Environment were established by the
Environment Act 1986 The Environment Act 1986 of New Zealand established the Ministry for the Environment and the Office of the Parliamentary Commissioner for the Environment. References About the Environment Act 1986 Statutes of New Zealand Urban planning in ...
. These positions are responsible for advising the Minister on all areas of environmental legislation. A common theme of New Zealand's environmental legislation is sustainably managing natural and physical resources, fisheries, and forests. The
Resource Management Act 1991 The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zeal ...
is the main piece of environmental legislation that outlines the government's strategy to managing the "environment, including air, water soil, biodiversity, the coastal environment, noise, subdivision, and land use planning in general."


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 Radiation monitoring involves the measurement of radiation dose or radionuclide contamination for reasons related to the assessment or control of exposure to radiation or radioactive substances, and the interpretation of the results. Environment ...
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 The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its ...
; with most of its CBD obligations being overseen by the National Biodiversity Reference Centre, a division of its National Parks Board (
NParks The National Parks Board (NParks) is a statutory board under the Ministry of National Development of the Government of Singapore. History In November 1989, Minister of National Development, S. Dhanabalan, presented the National Parks Bill ...
). 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 The Parliament of Singapore is the unicameral legislature of the Republic of Singapore, which governs the country alongside the president of Singapore. Largely based upon the Westminster system, the Parliament is made up of Members of Parlia ...
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


United Kingdom


United States


Vietnam

Vietnam is currently working with the U.S.
Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale ...
on dioxin remediation and technical assistance in order to lower
methane emissions Increasing methane emissions are a major contributor to the rising concentration of greenhouse gases in Earth's atmosphere, and are responsible for up to one-third of near-term global heating. During 2019, about 60% (360 million tons) of methane r ...
. 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

*
UK enterprise law United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated ...
*
Environmental health Environmental health is the branch of public health concerned with all aspects of the natural and built environment affecting human health. In order to effectively control factors that may affect health, the requirements that must be met in ...
*
Environmental racism Environmental racism or ecological apartheid is a form of institutional racism leading to landfills, incinerators, and hazardous waste disposal being disproportionally placed in communities of colour. Internationally, it is also associated with ...
* Environmental racism in Europe *
Indigenous rights Indigenous rights are those rights that exist in recognition of the specific condition of the Indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (includ ...
*
International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
* List of environmental law journals *
List of international environmental agreements This is a list of international environmental agreements. Most of the following agreements are legally binding for countries that have formally ratified them. Some, such as the Kyoto Protocol, differentiate between types of countries and each na ...


Notes


References

* Akhatov, Aydar (1996). ''Ecology & International Law''. Moscow: АST-PRESS. 512 pp. * Bimal N. Patel, ed. (2015). MCQ on Environmental Law. * Farber & Carlson, eds. (2013). ''Cases and Materials on Environmental Law, 9th''. West Academic Publishing. 1008 pp. . * Faure, Michael, and Niels Philipsen, eds. (2014). ''Environmental Law & European Law''. The Hague: Eleven International Publishing. 142 pp. * Malik, Surender & Sudeep Malik, eds. (2015). Supreme Court on Environment Law. * Martin, Paul & Amanda Kennedy, eds. (2015). ''Implementing Environmental Law''. Edward Elgar Publishing * Damilola S. Olawuyi
Environmental Law in Arab States
(Oxford University Press, 2022)


Further reading


Around the world, environmental laws are under attack in all sorts of ways
(30 May 2017), ''
The Conversation ''The Conversation'' is a 1974 American mystery thriller film written, produced, and directed by Francis Ford Coppola and starring Gene Hackman, John Cazale, Allen Garfield, Cindy Williams, Frederic Forrest, Harrison Ford, Teri Garr, and Robe ...
'' *


External links

;International
United Nations Environment Programme

ECOLEX
(Gateway to Environmental Law)
Environmental Law Alliance Worldwide (E-LAW)

Centre for International Environmental Law

Wildlife Interest Group, American Society of International Law

EarthRights International

Interamerican Association for Environmental Defense

United Kingdom Environmental Law Association

Lexadin global law database

Upholding Environmental Laws in Asia and the Pacific
;United States
American Bar Association Section of Environment, Energy and ResourcesU.S. Environmental Protection AgencyEnvironmental Law Institute (ELI)EarthJustice"Law Journals: Submission and Ranking, 2007-2014,"
Washington and Lee University , mottoeng = "Not Unmindful of the Future" , established = , type = Private liberal arts university , academic_affiliations = , endowment = $2.092 billion (2021) , president = William C. Dudley , provost = Lena Hill , city = Lexington ...
, Lexington, Virginia ;Canada
West Coast Environmental Law
(non-profit law firm)
EcojusticeCanadian Environmental Law AssociationEnvironmental Law Centre (of Alberta)
;European Union



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