Environmental law

Environmental law is a collective term

encompassing aspects of the law that
provide protection to the environment.[1] A
related but distinct set of regulatory
regimes, now strongly influenced by
environmental legal principles, focus on
the management of specific natural
resources, such as forests, minerals, or
fisheries. Other areas, such as
environmental impact assessment, 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, 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,[2] strict liability against dumping
rubbish,[3] or damage from exploding
dams.[4] 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 business (particularly
burning coal) while an inspectorate would
enforce compliance.
Notwithstanding early analogues, the
concept of "environmental law" as a
separate and distinct body of law is a
twentieth-century development.[5] The
recognition that the natural environment
was fragile and in need of special legal
protections, the translation of that
recognition into legal structures, the
development of those structures into a
larger body of "environmental law," and the
strong influence of environmental law on
natural resource laws, did not occur until
about the 1960s. At that time, numerous
influences - including a growing awareness
of the unity and fragility of the biosphere;
increased public concern over the impact
of industrial activity on natural resources
and human health; 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 twentieth 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.

Pollution control

Air quality …

Industrial air pollution now regulated by air quality law

Air quality laws govern the emission of air
pollutants into the atmosphere. A
specialized subset of air quality laws
regulate the quality of air inside buildings.
Air quality laws are often designed
specifically to protect human health by
limiting or eliminating airborne pollutant
concentrations. Other initiatives are
designed to address broader ecological
problems, such as limitations on
chemicals that affect the ozone layer, and
emissions trading programs to address
acid rain or climate change. Regulatory
efforts include identifying and categorizing
air pollutants, setting limits on acceptable
emissions levels, and dictating necessary
or appropriate mitigation technologies.

Water quality …

A typical stormwater outfall, subject to water quality

law
Waste management …

A municipal landfill, operated pursuant to waste

management law

Waste management laws govern the

transport, treatment, storage, and disposal
of all manner of waste, including municipal
solid waste, hazardous waste, and nuclear
waste, among many other types. Waste
laws are generally designed to minimize or
eliminate the uncontrolled dispersal of
waste materials into the environment in a
manner that may cause ecological or
biological harm, and include laws designed
to reduce the generation of waste and
promote or mandate waste recycling.
Regulatory efforts include identifying and
categorizing waste types and mandating
transport, treatment, storage, and disposal
practices.

Contaminant cleanup …
Oil spill emergency response, governed by
environmental cleanup law

Environmental cleanup laws govern the

removal of pollution or contaminants from
environmental media such as soil,
sediment, surface water, or ground water.
Unlike pollution control laws, cleanup laws
are designed to respond after-the-fact to
environmental contamination, and
consequently must often define not only
the necessary response actions, but also
the parties who may be responsible for
undertaking (or paying for) such actions.
Regulatory requirements may include rules
for emergency response, liability
allocation, site assessment, remedial
investigation, feasibility studies, remedial
action, post-remedial monitoring, and site
reuse.

Chemical safety …

Chemical safety laws govern the use of

chemicals 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 in
plastic bottles), and regulating pesticides.

Resource sustainability

Impact assessment …
Environmental impact assessment (EA) 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
impact assessment" (EIA) is usually used
when applied to actual projects by
individuals or companies and the term
"strategic environmental assessment"
(SEA) applies to policies, plans and
programmes most often proposed by
organs of state.[6][7] It is a tool of
environmental management forming a part
of project approval and decision-making.[8]
Environmental assessments may be
governed by rules of administrative
procedure regarding public participation
and documentation of decision making,
and may be subject to judicial review.

Water resources …

An irrigation ditch, operated in accordance with water

resources law
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.

Mineral resources …

Mineral resource laws cover several basic

topics, including the ownership of the
mineral resource and who can work them.
Mining is also affected by various
regulations regarding the health and safety
of miners, as well as the environmental
impact of mining.

Forest resources …

A timber operation, regulated by forestry law

Forestry laws govern activities in

designated forest lands, most commonly
with respect to forest management and
timber harvesting. Ancillary laws may
regulate forest land acquisition and
prescribed burn practices. Forest
management laws generally adopt
management policies, such as multiple use
and sustained yield, by which public forest
resources are to be managed.
Governmental agencies are generally
responsible for planning and implementing
forestry laws on public forest lands, and
may be involved in forest inventory,
planning, and conservation, and oversight
of timber sales. Broader initiatives may
seek to slow or reverse deforestation.

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
including 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.

Fish and game …

Fish and game laws regulate the right to

pursue and take or kill certain kinds of fish
and wild animal (game). 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 and populations of fish and
game. Game laws can provide a legal
structure to collect license fees and other
money which is used to fund conservation
efforts as well as to obtain harvest
information used in wildlife management
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.[9] 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 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).[10] 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.[11] 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.[12]
Laws that act to limit externalities
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, laws
requiring publication and access to
relevant environmental data, and
administrative procedure.

Precautionary principle …

One of the most commonly encountered

and controversial principles of
environmental law, the Rio Declaration
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.

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.[13]

Polluter pays principle …

The polluter pays principle stands for 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."[14] All issues related to
responsibility for cost for environmental
remediation 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.[15] 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.[16]

It is very common for regulated industry to

argue against environmental regulation on
the basis of cost.[17] 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."[18] 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.[19][20][21]
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.[22]

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 neighbourliness' or sic utere).

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 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.[23] 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[24] and other regional treaty
tribunals.

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.” [25] 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.” [26] 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.” [26] 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.[26]

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.[27]

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 28 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

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.” [28]

Oceania …
The main concerns on environmental
issues in the Oceanic Region 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”.[29] The Secretariat
of the Pacific Regional Environmental
Programme (SPREP)[30] 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.[31][32]

Australia …

Commonwealth v Tasmania (1983), also

known as the "Tasmanian Dam Case", was
a highly significant case in Australian
environmental law.[33]

The Environment Protection and

Biodiversity Conservation Act 1999 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 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.[34] However, it has been subject
to numerous reviews examining its
shortcomings, the latest taking place in
mid-2020.[35] The interim report of this
review concluded that the laws created to
protect unique species and habitats are
ineffective.[36]

Brazil …

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.[37]

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;"[38] 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."[39] 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.[40]

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."[41]
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.[42] The
harmonization of Chinese society and the
natural environment is billed as a rising
policy priority.[43][44][45]

Ecuador …

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.[46]

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.[47]

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." [48]

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."[49]

India …
In India, Environmental law is governed by
the Environment Protection Act, 1986.[50]
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[51] 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.[52] Appeals can be filed in the
Hon'ble Supreme Court of India.[53]
Basel Convention on Control of
TransboundaryMovements on
Hazardous Wastes and Their Disposal,
1989 and Its Protocols
Hazardous Wastes (Management and
Handling) Amendment Rules, 2003[54]

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.” [55]

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.” [55] 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."[55]

New Zealand …
The Ministry for the Environment and
Office of the Parliamentary Commissioner
for the Environment were established by
the Environment Act 1986. 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 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.” [56]

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."[57]

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).[58] 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.[59] The Parliament of Singapore
has enacted numerous pieces of
legislation to fulfil its obligations under
these treaties, such as the Parks and
Trees Act,[60] Endangered Species (Import
and Export) Act,[61] and Wildlife Act.[62]
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.[63]

South Africa …

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.[64]

See also
UK enterprise law
Environmental health
Environmental racism
Environmental racism in Europe
Indigenous rights
International law
 List of environmental law journals
List of international environmental
agreements

Notes
1. Phillipe Sands (2003) Principles of
International Environmental Law. 2nd
Edition. p. xxi Available at [1]
Accessed 19 February, 2020
2. Aldred's Case (1610) 9 Co Rep 57b;
(1610) 77 ER 816
3. R v Stephens (1866) LR 1 QB 702
4. Rylands v Fletcher [1868] UKHL 1
5. See generally R. Lazarus, The Making
of Environmental Law (Cambridge
Press 2004) ; P. Gates, History of
Public Land Law Development .
. MacKinnon, A. J., Duinker, P. N., Walker,
T. R. (2018). The Application of
Science in Environmental Impact
Assessment. Routledge.
7. Eccleston, Charles H. (2011).
Environmental Impact Assessment: A
Guide to Best Professional Practices .
Chapter 5. ISBN 978-1439828731
. Caves, R. W. (2004). Encyclopedia of
the City. Routledge. p. 227.
 9. For example, the United Nations
Environment Programme (UNEP) has
identified eleven "emerging principles
and concepts" in international
environmental law, derived from the
1972 Stockholm Conference, the 1992
Rio Declaration, and more recent
developments. UNEP, Training Manual
on International Environmental Law
(Chapter 3).
10. UNEP Manual , ¶¶ 12-19.
11. UNEP Manual , ¶¶ 20-23.
12. UNEP Manual , ¶¶ 24-28.
13. UNEP Manual , ¶¶ 58.
14. Rio Declaration Principle 16; UNEP
Manual ¶ 63.
15. See, e.g., DDT.
1 . The Christian Science Monitor (22
June 2010). "Merchants of Doubt" .
The Christian Science Monitor.
17. In the United States, estimates of
environmental regulation total costs
reach 2% of GDP. See Pizer & Kopp,
Calculating the Costs of Environmental
Regulation, 1 (2003 Resources for the
 Future) Archived 2009-03-26 at the
Wayback Machine.
1 . Nelson, Gaylord (November 2002).
Beyond Earth Day: Fulfilling the
Promise . Wisconsin Press. ISBN 978-
0-299-18040-9. Retrieved 2016-03-14.
19. "Can the World Really Set Aside Half of
the Planet for Wildlife?" . Smithsonian.
20. "Climate Coalition Vows 'Peaceful,
Escalated' Actions Until 'We Break Free
from Fossil Fuels' " . Common
Dreams.
21. "A Guide to Environmental Non-
Profits" . Mother Jones.
22. Teeter, Preston; Sandberg, Jorgen
(2016). "Constraining or Enabling
Green Capability Development? How
Policy Uncertainty Affects
Organizational Responses to Flexible
Environmental Regulations" (PDF).
British Journal of Management. 28 (4):
649–665. doi:10.1111/1467-
8551.12188 .
23. Hardman Reis, T., Compensation for
Environmental Damages Under
International Law, Kluwer Law
 International, The Hague, 2011,
ISBN 978-90-411-3437-0.
24. "ECtHR case-law factsheet on
environment" (PDF). Archived from
the original (PDF) on 2012-11-10.
Retrieved 2012-11-08.
25. "INECE Regions- Africa" . Archived
from the original on 20 August 2002.
Retrieved 18 October 2012.
2 . "Africa International Programs" .
Environmental Protection Agency.
Retrieved October 18, 2012.
27. "AECEN" . www.aecen.org. Archived
from the original on 2015-09-06.
Retrieved 2015-08-27.
2 . "EPA Middle East" . Environmental
Protection Agency. Retrieved
23 October 2012.
29. "INECE Regions - Asia and the
Pacific" . Archived from the original
on December 17, 2002. Retrieved
October 18, 2012.
30. Secretariat of the Pacific Regional
Environmental Programme (SPREP)
31. "Agreement Establishing SPREP" .
Archived from the original on 2012-
10-25. Retrieved October 18, 2012.
32. Taylor, Prue; Stroud, Lucy; Peteru,
Clark (2013). Multilateral
Environmental Agreement Negotiator's
Handbook: Pacific Region 2013
(PDF). Samoa / New Zealand:
Secretariat of the Pacific Regional
Environment Programme / New
Zealand Centre for Environmental Law,
University of Auckland. ISBN 978-982-
04-0475-5.
33. Commonwealth v Tasmania (1983)
158 CLR 1 (1 July 1983)
34. "EPBC Act" . Retrieved October 18,
2012.
35. "About the review" . Independent
review of the EPBC Act. 23 June 2020.
Retrieved 27 June 2020.
3 . Cox, Lisa (20 July 2020). "Australia's
environment in unsustainable state of
decline, major review finds" . the
Guardian. Retrieved 27 July 2020.
37. "Apresentação" . Retrieved 23 October
2012.
3 . "Department of the Environment Act" .
31 December 2002. Retrieved
23 October 2012.
39. "Environment Canada" . 2007-01-09.
Retrieved 23 October 2012.
40. See Canada's Legal System Overview
Archived 2017-08-22 at the Wayback
Machine.
41. EPA, China Environmental Law
Initiative .
42. Vermont Law School, China
Partnership for Environmental Law
Archived 2012-07-20 at the Wayback
 Machine; C. McElwee, Environmental
Law in China: Mitigating Risk and
Ensuring Compliance .
43. NRDC, Environmental Law in China .
44. Wang, Alex (2013). "The Search for
Sustainable Legitimacy: Environmental
Law and Bureaucracy in China".
Harvard Environmental Law Review.
37: 365. SSRN 2128167 .
45. Rachel E. Stern, Environmental
Litigation in China: A Study in Political
Ambivalence (Cambridge University
Press 2013)
4 . "CELDF | Community Rights Pioneers |
Protecting Nature and Communities" .
CELDF. Retrieved 2019-10-23.
47. Gudynas, Eduardo. 2011. Buen Vivir:
Today's Tomorrow Development
54(4):441-447.
4 . Becker, Marc. 2011 Correa, Indigenous
Movements, and the Writing of a New
Constitution in Ecuador. Latin
American Perspectives 38(1):47-62.
49. "Law 4" . Retrieved 23 October 2012.
50. "THE ENVIRONMENT (PROTECTION)
ACT, 1986" . envfor.nic.in. Archived
 from the original on 2002-06-13.
Retrieved 2015-08-27.
51. "Archived copy" (PDF). Archived from
the original (PDF) on 2013-08-10.
Retrieved 2014-05-27.
52. "THE INDIAN WILDLIFE
(PROTECTION) ACT, 1972" .
envfor.nic.in. Retrieved 2015-08-27.
53. Rhuks Temitope, "THE JUDICIAL
RECOGNITION AND ENFORCEMENT
OF THE RIGHT TO
ENVIRONMENT:DIFFERING
PERSPECTIVES FROM NIGERIA AND
 INDIA" , NUJS LAW REVIEW,March 11,
2020
54. Surendra Malik, Sudeep Malik.
Supreme Court on Environment Law
(2015 ed.). India: EBC.
ISBN 9789351451914.
55. "The Basic Environment Law" .
Retrieved 23 October 2012.
5 . "Ministry for the Environment" .
Archived from the original on 30
November 2012. Retrieved 23 October
2012.
57. "Ministry of Natural Resources and
Environment of the Russian
Federation" . Retrieved 27 June 2015.
5 . Unit, Biosafety (2006-06-20).
"Singapore" . www.cbd.int. Retrieved
2020-10-27.
59. "National Parks Board (CITES)" .
customs.gov.sg. Retrieved
2020-10-27.
0. "Parks and Trees Act - Singapore
Statutes Online" . sso.agc.gov.sg.
Retrieved 2020-10-27.
1. "Endangered Species (Import and
Export) Act - Singapore Statutes
Online" . sso.agc.gov.sg. Retrieved
2020-10-27.
2. "Wildlife Act - Singapore Statutes
Online" . sso.agc.gov.sg. Retrieved
2020-10-27.
3. "Wildlife (Protected Wildlife Species)
Rules 2020 - Singapore Statutes
Online" . sso.agc.gov.sg. Retrieved
2020-10-27.
4. "Vietnam International Programs" .
Environmental Protection Agency.
Retrieved October 18, 2012.
References …

Akhatov, Aydar (1996). Ecology &

International Law. Moscow: АST-PRESS.
512 pp. ISBN 5-214-00225-4 (in English
and Russian)
Bimal N. Patel, ed. (2015). MCQ on
Environmental Law.
ISBN 9789351452454
Farber & Carlson, eds. (2013). Cases
and Materials on Environmental Law, 9th.
West Academic Publishing. 1008 pp.
ISBN 978-0314283986.
Faure, Michael, and Niels Philipsen, eds.
(2014). Environmental Law & European
Law. The Hague: Eleven International
Publishing. 142 pp.
ISBN 9789462360754 (in English)
Malik, Surender & Sudeep Malik, eds.
(2015). Supreme Court on Environment
Law. ISBN 9789351451914
Martin, Paul & Amanda Kennedy, eds.
(2015). Implementing Environmental
Law. Edward Elgar Publishing

Further reading …
Around the world, environmental laws
are under attack in all sorts of ways (30
May 2017), The Conversation

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 Resources
U.S. Environmental Protection Agency
Environmental Law Institute (ELI)
EarthJustice
"Law Journals: Submission and Ranking,
2007-2014," Washington and Lee
University, Lexington, VA
Canada
West Coast Environmental Law (non-
profit law firm)
Ecojustice
Canadian Environmental Law
Association
Environmental Law Centre (of Alberta)
 European Union
Europa: Environmental rules of the
European Union
Europa: Summaries of Legislation -
Environment

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