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This article is about an area of law. For the journal, see Environmental Law (law review).
The Earth seen from Apollo 17.jpg
Environmental law
Pollution control and remediation
Air quality Clean tech Drainage Energy Waste Water quality
Resource conservation and management
Fisheries Forests (logging) Game (poaching) Land Mining Ocean Property Water Wild
Planning, land use, and infrastructure
Earth jurisprudence Environmental crime Environmental engineering law Environmental impact assessment Environmental justice Intergenerational equity Land use Market-based instruments (ecotaxes) Polluter pays principle Public trust doctrine War impact
Lists
International environmental agreements Environmental laws by country Environmental law journals
Related topics
Administrative law Bankruptcy law Customary law Environmental protocol Insurance law International law Legal pluralism Multilateral environmental agreement
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Environmental law is a collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity.
The topic may be divided into two major subjects: pollution control and remediation, and resource conservation, individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy.
Given the broad scope of environmental law, no fully definitive list of environmental laws is possible. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric.
Pure water has been an issue in many antique societies and therefore one can admittedly argue that the first legal rules on environmental issues are pretty old - they are clearly originating from Roman law rules and were also applied in the Middle Ages in Europe. While it is possible to identify early legal structures that would today fall into the "environmental" law metric - for example the common law recognition of private and public rights to protect interests in land, such as nuisance, or post-industrial revolution human health protections - the concept of "environmental law" as a separate and distinct body of law is a 20th Century development.[1] The recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, and the development of those structures into a larger body of "environmental law" did not occur until about the 1960s. At that time, numerous influences - including a growing awareness of the unity and fragility of the biosphere following mankind's first steps into outer space (see, for example, the Blue Marble), increased public concern over the impact of industrial activity on natural resources and human health (see, for example, the 1969 Cuyahoga River fire), the increasing strength of the regulatory state, and more broadly the advent and success of environmentalism as a political movement - coalesced to produce a huge new body of law in a relatively short period of time. While the modern history of environmental law is one of continuing controversy, by the end of the 20th Century, environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, and the larger project of international law..
Controversy[edit]

Environmental law is often the source of controversy. Notably, the early history of national environmental regulation in the United States (at the time the world leader in environmental regulation) was marked by relative political unity. The National Environmental Policy Act (1969), the Clean Air Act (1970), the Clean Water Act (1972), and the Endangered Species Act (1973) all were enacted with broad bipartisan support, and ultimately signed into law by Republican President Richard Nixon. Even then, however, critics raised concerns regarding the need for such laws and the costs involved in implementing them. Richard Nixon himself initially vetoed the Clean Water Act, citing its projected costs, though he was ultimately overridden by Congress.[2] Debates over the necessity, fairness, cost, and need for environmental regulation continue to this day.
Necessity[edit]
The necessity of directly regulating a particular activity due to the activity's environmental consequences is often a subject of debate. These debates may be scientific. For example, scientific uncertainty fuels the ongoing debate over greenhouse gas regulation and is a major factor in the debate over whether to ban pesticides.[3]
Cost[edit]
It is very common for regulated industry to argue against environmental regulation on the basis of cost. Indeed, in the U.S. estimates of the environmental regulation's total costs reach 2% of GDP,[4] and any new regulation will arguably contribute in some way to that burden. Difficulties arise, however, in performing cost-benefit analysis. The value of a healthy ecosystem is not easily quantified, nor the value of clean air, species diversity, etc. Furthermore environmental issues may gain an ethical or moral dimension that would discount cost.
Effectiveness[edit]
Environmental interests will often criticize environmental regulation as inadequately protective of the environment. Furthermore, strong environmental laws do not guarantee strong enforcement. Nonetheless; the cost benefit analysis for society at large, between having laws that protect citizens from toxic or dangerous living and work conditions (such as those that existed in the early industrial 1900's) clearly comes down on the side of regulation.
Environmental law by country[edit]

See also: List of environmental laws by country
This section provides overviews of national environmental law by continent, region, and country.
Africa[edit]
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.” [5] 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.” [6] They hope to provide enough aid on concerns regarding pollution before their impacts are 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.” [6] In order to accomplish these goals in Africa, EPA programs are focus 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.[6]
Egypt[edit]
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."[7]
South Africa[edit]
Main article: South African environmental law
Americas[edit]
Brazil[edit]
The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies of protecting the environment, use natural resources sustainably, and enforce public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon.[8]
Canada[edit]
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;"[9] 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."[10] 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.[citation needed]
Ecuador[edit]
With the enactment of the 2008 Constitution, Ecuador became the first country in the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and 71-74, recognizes the inalienable rights of ecosystems 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.[11]
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.[12]
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." [13]
United States[edit]
Considered in terms of historical precedence and worldwide emulation, the United States has been a world leader in the development and implementation of environmental law. While subject to criticism at home and abroad on issues of protection, enforcement, over-regulation, and imposition of externalities, the country remains an important source of environmental legal expertise and experience.
Sources[edit]
Laws from every stratum of the laws of the United States pertain to environmental issues. The United States Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive. Concurrently, the legislatures of the fifty states have passed innumerable comparable sets of laws.[14] These state and federal systems are foliated with layer upon layer of administrative regulation. Meanwhile, the U.S. judicial system reviews not only the legislative enactments, but also the administrative decisions of the many agencies dealing with environmental issues. Where the statutes and regulations end, the common law begins.[15]
Federal statutes[edit]
Main article: List of United States Federal Environmental Statutes
See also: Environmental policy of the United States
Federal regulation[edit]
Consistent with the federal statutes that they administer, U.S. federal agencies promulgate regulations in the Code of Federal Regulations that fill out the broad programs enacted by Congress. Primary among these is Title 40 of the Code of Federal Regulations, containing the regulations of the Environmental Protection Agency. Other import CFR sections include Title 10 (energy), Title 18 (Conservation of Power and Water Resources), Title 21 (Food and Drugs), Title 33 (Navigable Waters), Title 36 (Parks, Forests and Public Property), Title 43 (Public Lands: Interior) and Title 50 (Wildlife and Fisheries).
Judicial decisions[edit]
The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests. The decisions of the Supreme Court in cases such as Calvert Cliffs Coordinating Committee v. U.S. Atomic Energy Commission (broadly reading the procedural requirements of the National Environmental Policy Act), Tennessee Valley Authority v. Hill (broadly reading the Endangered Species Act), and, much more recently, Massachusetts v. EPA (requiring EPA to reconsider regulation of greenhouse gases under the Clean Air Act) have had policy impacts far beyond the facts of the particular case.

Environmental law attorney Wallpaper Photos Pictures Pics Images 2013