Environmental laws are rules that help protect the environment. These laws include agreements, rules, and policies made to protect nature and manage how human activities affect ecosystems and natural resources like forests, minerals, and fish. They deal with issues such as controlling pollution, saving natural resources, protecting wildlife, reducing climate change, and helping the environment and people live together. Environmental laws are part of both national and international rules. They try to balance protecting the environment with meeting people's needs, often using rules, enforcement, and rewards for following the laws.

This area of law became important in the middle of the 20th century because of growing problems from industry and environmental damage. This led to major events like the 1972 Stockholm Conference and the 1992 Rio Declaration. Important ideas in environmental law include the precautionary principle, the polluter pays principle, and fairness for future generations. Today, environmental law connects with human rights, trade between countries, and energy policies.

On a global level, agreements like the Paris Agreement (2015), the Kyoto Protocol (1997), and the Convention on Biological Diversity (1992) help countries work together to solve problems that cross borders. In some countries, laws such as the UK's Clean Air Act of 1956 and the US Toxic Substances Control Act of 1976 set rules to reduce pollution and manage chemicals safely. How these laws are enforced depends on the country, often involving government groups, courts, and international organizations. Environmental impact assessments are a common tool used to follow these laws.

Difficulties in environmental law include balancing economic growth with protecting the environment, deciding fair amounts of money for damages, and fixing problems with enforcement in international cases. The field keeps changing as new challenges arise, such as losing wildlife, plastic pollution in oceans, and climate change.

History

Examples of rules created to protect the environment or help people enjoy it can be found in history. In common law, the main way to protect the environment was through the law of nuisance, which allowed people to take legal action if harm was done to their land. This included problems like bad smells from pig pens, holding people responsible for throwing trash, or damage caused by dams bursting. However, this method of using private legal actions was not enough to handle large environmental problems, especially those affecting shared resources. During the "Great Stink" of 1858, waste from sewers in the River Thames became so smelly in the summer heat that Parliament had to leave the building. The Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close old toilets in the city to improve cleanliness, but this only made people dump waste directly into the river. In 19 days, Parliament passed a new law to build a proper sewer system in London. London also faced serious air pollution, which reached its worst point in the "Great Smog" of 1952. This event led to the Clean Air Act 1956, which set limits on pollution from homes and businesses, especially the burning of coal. A group of inspectors was created to make sure these rules were followed.

Pollution control

Air quality laws control how much pollution is released into the air. Some air quality laws focus on keeping the air inside buildings clean. These laws are often created to protect people's health by reducing or stopping harmful pollution in the air. Other rules address bigger environmental issues, such as limiting chemicals that harm the ozone layer or programs that help reduce acid rain and climate change. Rules include identifying types of air pollution, setting limits on how much pollution is allowed, and requiring technologies to reduce pollution.

The Air Quality Index (AQI) helps find harmful substances in the air that could affect public health. It tests for the six main types of pollution, including nitrogen dioxide, ozone, carbon monoxide, and sulfur dioxide. The effects of air pollution show what levels of pollution are safe to breathe. Pollution levels can change based on the season and what causes the most problems during peak times. Being exposed to dangerous pollution can harm health over time and may lead to population declines.

Water quality laws protect water for people and the environment. These laws set rules for how clean water must be, based on the levels of pollution in water. Standards are usually based on how water will be used, such as for drinking, industry, recreation, or supporting aquatic life. These laws also control changes to water's chemical, physical, or biological qualities. Rules include identifying types of water pollution, setting limits on how much pollution is allowed, and controlling how waste is released into water. Rules cover sewage treatment, managing waste from industries and farms, and controlling runoff from construction and cities. These laws support rules about water quality standards, monitoring, inspections, permits, and enforcement. Laws may change to meet new needs.

Waste management laws control how waste is moved, handled, stored, and disposed of, including household waste, dangerous waste, and nuclear waste. These laws aim to stop waste from spreading uncontrollably, which can harm the environment. Most laws try to reduce waste and encourage recycling. They also manage organic waste, such as composting, which is a better option than landfilling or burning waste. Rules include classifying waste types, setting standards for handling waste, and creating ways to enforce these rules.

Using less waste can save energy and reduce the need for goods over time. Separating waste can help find useful materials and reduce waste during the process. Ways to reduce waste include buying eco-friendly products and avoiding disposable items that harm the environment. Increased wealth has led to more waste from businesses, which can make it harder to control waste.

Environmental cleanup laws manage the removal of pollution from soil, water, or other areas after it has already happened. Unlike laws that prevent pollution, cleanup laws deal with problems after they occur and must define actions to fix the pollution and who is responsible for fixing it. Rules may include handling emergencies, assigning responsibility, checking sites, studying pollution, planning cleanup, and monitoring after cleanup.

Sewage treatment helps remove harmful substances from water to keep it clean and safe for drinking. If untreated for too long, problems like antibiotic resistance can develop, making it harder to treat water later. Officials must test sewage systems regularly to ensure they work well. Wastewater and rivers can use sea cucumbers, algae, and decaying plants to help remove heavy metals like lead and cadmium from water.

Chemical safety laws control how chemicals are used in human activities, especially man-made chemicals used in industries. Unlike laws that protect air or water quality, chemical laws focus on managing the chemicals themselves. Rules include banning harmful chemicals in products, such as Bisphenol A in plastic bottles, and controlling pesticides. Laws like the Toxic Substances Control Act (TSCA) decide which chemicals are harmful based on the Environmental Protection Agency (EPA). However, TSCA only tests a small number of chemicals each year, raising concerns about whether it is up to date. All chemicals must be tested for safety, how they react with other chemicals, and whether they are flammable. It is important to study chemicals to understand their risks and avoid dangerous outcomes.

Resource sustainability

An environmental impact assessment (EIA) is a process used to evaluate the effects of plans, policies, programs, or projects before they are approved. When applied to projects by individuals or companies, the process is called an environmental impact assessment. When applied to policies, plans, or programs by government agencies, it is called a strategic environmental assessment (SEA). This tool helps manage the environment and is part of the process for approving projects. Environmental assessments may follow rules that require public input and detailed records of decisions, and they can be reviewed by courts if needed.

Water resources laws govern how water is owned and used, including surface water and groundwater. These laws may address water conservation, limits on water use, and rules about who owns water. According to the United Nations Committee, people have the right to access clean water at a basic level. Water resources should be safe, clean, accessible, and affordable for people. Systems must work to prevent water pollution and provide clean water for use. If people are not held responsible for reducing environmental harm, waste may be improperly disposed of. Countries use money to manage water systems and meet quality standards to avoid risks to public health. Involving communities helps address water safety concerns and supports programs to regulate water use.

Mining law is the area of law that covers rules about minerals and mining activities. It includes rules about who owns minerals and who can mine them. Mining is also regulated to protect miners’ health and safety and to reduce environmental harm. This topic includes mining laws in countries where people speak German, English, French, Spanish, or Portuguese.

Managing mineral resources can be difficult because it is hard to track where mined materials come from when they are imported. Regulations can ensure that imported materials come from responsible sources. Risks include unsafe working conditions and environmental harm, such as water pollution or exposure to harmful minerals in the air. Mining rules vary by country, with some banning mining if conditions are unsafe and others supporting it for future economic growth.

Forestry laws control activities in forests, especially how forests are managed and how timber is harvested. These laws often include policies to use forests for multiple purposes while keeping them healthy long-term. Forests are managed by both private and public groups, with public forests owned by the government. Forestry laws are now important on a global scale.

Wildlife laws protect wild animals and plants from harm caused by human activities, whether directly or through damage to their habitats. These laws may aim to protect biodiversity or focus on species that are important for other reasons. Rules may include special protections for certain species, bans on killing or disturbing them, efforts to help species recover, and the creation of protected areas. Laws may also ban the sale of animal parts to stop poaching.

Illegal wildlife trade is a serious crime involving organized groups. Law enforcement and security efforts are used to track down poachers. When regulations are in place, illegal activities may move to other areas to avoid being caught. Conservationists say that poachers often use weapons, so trained rangers with weapons may be needed to stop them. Combating illegal wildlife trade requires support from international organizations like INTERPOL and EUROPOL. These groups have focused on environmental crime as a priority. Human activities have caused wildlife populations to decline over time, affecting both economic development and cultural traditions.

Fish and game laws control the right to hunt or fish for certain animals and fish. These laws may limit when and how many animals or fish can be taken, which species can be harvested, and what tools can be used. These laws help balance the need to protect wildlife with the need to use resources. Fees collected from licenses are used to fund conservation efforts and track wildlife populations.

Illegal fishing is often unreported and lacks regulation for transporting fish. Overfishing has harmed fisheries, reducing economic growth and damaging ecosystems. If illegal fishing is not controlled, it can cause problems for countries that rely on fishing for food. Another issue is marine pollution, which harms fish populations by polluting oceans with toxic waste and reducing oxygen levels, making it harder to catch fish.

Principles

Environmental law has grown as people have become more aware of and worried about problems that affect the world. Although laws have been created slowly and for many different reasons, some efforts have been made to find common ideas and rules that guide environmental law. Some laws are seen as temporary when political situations make it hard to create better rules. In his 2015 letter Laudato si', Pope Francis said that "political realism may call for temporary measures and technologies, as long as these are supported by gradual steps to accept strong commitments."

The ideas discussed below are not complete or agreed upon by everyone. However, they are important for understanding environmental law worldwide.

The United Nations Environment Programme (UNEP) defines sustainable development as "development that meets the needs of the present without harming the ability of future generations to meet their own needs." This idea is connected to "integration" (development must not be separated from sustainability) and "interdependence" (social and economic progress and environmental protection are linked). Laws that require environmental impact assessments and encourage development to reduce harm to the environment can be judged using this principle.

The modern idea of sustainable development was discussed at the 1972 United Nations Conference on the Human Environment (Stockholm Conference) and led to the 1983 World Commission on Environment and Development (Bruntland Commission). In 1992, the first UN Earth Summit created the Rio Declaration, which includes Principle 3: "The right to development must be fulfilled to fairly meet the needs of present and future generations." Sustainable development has been a central topic in international environmental discussions since then, including at the World Summit on Sustainable Development (2002) and the United Nations Conference on Sustainable Development (2012, or Rio+20).

Environmental equity, as defined by UNEP, includes "intergenerational equity" (future generations have the right to fair access to Earth's resources) and "intragenerational equity" (people in the current generation should have fair access to resources). This principle reminds the present generation to consider long-term effects of actions and protect the environment for future generations. Laws related to pollution control and resource management can be judged using this idea.

Equity is addressed by focusing on social justice to help achieve climate goals and increase sustainability. International law changed from equality to equity to recognize the needs of different countries and ensure fair access to resources. The principle of Common but Differentiated Responsibilities (CBDR) was established in 2015 but was updated by the Paris Agreement on climate change.

Transboundary responsibility, as defined in international law, requires countries to protect their own environment and avoid harming the environment of neighboring countries. UNEP says that this responsibility can limit the rights of sovereign states. Laws that reduce harm to human health and the environment can be judged using this principle.

Community participation is studied through international laws that look at environmental law and cases like genocide and aid. These laws include heritage laws that describe cultural aspects and property rights. Responsibilities involve handling pollution damage between countries, which can lead to problems for other nations. Some countries cause pollution that others must clean up, so laws have been created to hold countries accountable for harming resources. Strict liability depends on agreements made in international courts and the values held for environmental reasons.

Public participation and transparency are important for governments, industries, and organizations. UNEP says these require "effective protection of the human right to express opinions and access information about environmental policies, without unfair costs or harm to privacy and business secrets." These principles are found in environmental impact assessments, laws requiring the sharing of environmental data, and administrative procedures.

Participation is more effective when used to achieve goals and use strategies for implementing policies. Public policies focused on sustainability often need financial support because these efforts require significant resources and attention to ecological systems. International relations involve linking participation in policy changes with governance. Debates still happen about the importance of participating in protecting natural resources through government policies.

The Rio Declaration introduced the precautionary principle, which states: "To protect the environment, the precautionary approach should be widely used by countries based on their abilities. When serious or irreversible harm is possible, lack of full scientific proof should not stop cost-effective actions to prevent environmental damage." This principle is used in debates about the need for environmental rules.

Precautions are taken to protect resources like human health and the environment. The European Union has not clearly defined the precautionary principle because it depends on how resources are protected and the policies in place. The Court of Justice of the European Union said that "when there is uncertainty about health risks, actions can be taken without waiting for full proof of those risks." Budgets are proposed to help communities recover from damage to resources caused by natural events like floods, droughts, hurricanes, and wildfires.

The polluter pays principle says that "the costs of environmental harm from economic activities should be covered by those responsible, not by society." All issues about who pays for cleaning up pollution and following environmental rules involve this principle.

The increase in carbon emissions has come from companies and facilities that ignored the risks of climate change. Policies that cause environmental harm need action to prevent future damage. Evidence of harm must be shown to understand the damage and how to fix it. Government rules may require companies to take responsibility for conserving resources.

Theory

Environmental law is an ongoing topic of disagreement. People continue to debate whether environmental rules are necessary, fair, and cost-effective. They also discuss whether rules or market solutions are better for achieving shared goals.

Uncertainty about scientific facts often influences discussions about rules that limit greenhouse gases and whether certain pesticides should be banned. When scientific evidence is clear, it is common for companies to hide or change facts, or create confusion about them.

Many industries argue that environmental rules are too expensive. It is hard to compare the costs and benefits of environmental issues because it is difficult to measure the value of things like clean air, healthy ecosystems, or species diversity. Former Senator Gaylord Nelson, who started Earth Day, once said, "The economy is part of the environment, not the other way around." Many people believe environmental issues involve moral questions that go beyond money. Some efforts are now being made to include environmental costs and benefits in economic planning.

While some industries oppose rules, many environmental groups and public interest organizations believe current rules are not enough. They push for stronger protections. Events like the Public Interest Environmental Law Conference in Eugene, Oregon, often focus on these issues and connect them to topics like class and race.

Another debate is whether environmental laws treat all groups fairly. Researchers Preston Teeter and Jorgen Sandberg found that smaller organizations often face higher costs from environmental rules. These costs can make it harder for new businesses to start, which may reduce competition and innovation.

International environmental law

Global and regional environmental problems are increasingly covered by international law. Discussions about environmental issues involve important rules in international law and have led to many international agreements and statements.

Customary international law is a key part of international environmental law. These are the rules and practices that countries follow by tradition, and they are so common that all nations must follow them. It is not always clear when a rule becomes customary law, and some countries argue against being bound by it. Examples of customary international law related to the environment include the responsibility to quickly inform other countries about environmental events that might affect them, and Principle 21 of the Stockholm Declaration, which includes the idea of "good neighborliness" or "sic utere."

Customary international law changes over time, and the growing problem of air pollution (carbon dioxide) causing climate changes has led to discussions about whether important rules in international law, such as peremptory norms and erga omnes principles, could help enforce environmental laws.

Many international agreements are legally binding and cover a wide range of issues, including pollution on land, in the ocean, and in the air, as well as protecting wildlife and biodiversity. These agreements are usually multilateral treaties (sometimes bilateral) and are also called conventions, agreements, or protocols. Protocols are smaller agreements that add to a main treaty. They are especially useful in environmental law because they allow new scientific findings to be included regularly and help countries agree on a framework without needing to settle every detail in advance. The Kyoto Protocol is one of the most well-known examples, following the United Nations Framework Convention on Climate Change.

The groups that created, discussed, and approved international agreements vary depending on the agreement. However, certain meetings have been especially important, such as the 1972 United Nations Conference on the Human Environment, the 1983 World Commission on Environment and Development, the 1992 United Nations Conference on Environment and Development, and the 2002 World Summit on Sustainable Development. Some agreements also create international organizations or groups to help implement them. Examples include 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 decisions made by international courts and tribunals. While these courts have limited power, their decisions are highly respected by legal experts and influence the development of environmental law. One major challenge is determining fair compensation for environmental harm. Important courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice, the European Court of Human Rights, and other regional courts.

Previous research found that a country's level of economic development and its moral values affect how well it follows environmental laws. Developed countries, such as the United States, the European Union, and Australia, are pushing for stronger laws to reduce harmful environmental effects. There is a clear link between a country's economic development and how closely its laws align with its moral values. If a country's laws are completely disconnected from its moral values, people may not follow them, and the laws may become ineffective. For example, despite environmental regulations, the water in India's River Ganges remains polluted.

Around the world

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, damaged soil and plants, and widespread poverty." The U.S. Environmental Protection Agency (EPA) focuses on "growing urban and industrial pollution, water quality, electronic waste, and indoor air from cookstoves." They aim to provide enough help to address these pollution concerns before they harm the African environment and the global environment. By doing this, they hope to "protect human health, especially children and the poor." To reach these goals, EPA programs work to strengthen the ability to enforce environmental laws and ensure public follow-through. Other programs help create stronger environmental laws, rules, and standards.

The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries to improve 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.

The European Union creates laws about environmental issues that apply to all 27 member states. These laws include regulations that are valid throughout the EU and directives that must be turned into national laws by each country. Examples include the Regulation (EC) No. 338/97, which helps enforce the Convention on International Trade in Endangered Species (CITES), and the Natura 2000 network, which is a key part of nature and biodiversity protection. This network includes Special Areas of Conservation (SACs) and Special Protected Areas (SPAs) across Europe.

EU environmental laws are covered in Article 249 of the Treaty on the Functioning of the European Union (TFEU). Topics for common EU laws include:

• Climate change
• Air pollution
• Water protection and management
• Waste management
• Soil protection
• Nature, species, and biodiversity protection
• Noise pollution
• Environmental cooperation with countries outside the EU
• Civil protection

In February 2024, the European Parliament passed a law that makes large, intentional environmental damage "comparable to ecocide" a crime punishable by up to 10 years in prison. Member countries must add this to their national laws within two years. The Parliament also approved a nature restoration law that requires member states to restore 20% of degraded ecosystems (including 30% of drained peatlands) by 2030 and 100% by 2050.

Environmental law is growing quickly in the Middle East. The U.S. Environmental Protection Agency works with countries in the Middle East to improve "environmental governance, water pollution and security, clean fuels and vehicles, public participation, and pollution prevention."

The main environmental concerns in Oceania are "illegal release of air and water pollutants, illegal logging and timber trade, illegal shipment of hazardous waste, including e-waste and ships planned for destruction, and weak institutions and lack of enforcement power." The Secretariat of the Pacific Regional Environmental Programme (SPREP) is an international group that includes Australia, the Cook Islands, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, the United States, and Vanuatu. SPREP was created to help improve and protect the environment and ensure sustainable development for future generations.

The case known as Commonwealth v Tasmania (1983), or the "Tasmanian Dam Case," was a major event in Australian environmental law.

The Environment Protection and Biodiversity Conservation Act 1999 is the main law in Australia for protecting the environment. It creates a legal system to protect important plants, animals, ecosystems, and heritage sites. It focuses on protecting world heritage areas, national heritage areas, wetlands of international importance, threatened species and ecosystems, migratory animals, marine areas, the Great Barrier Reef, and areas around nuclear activities. However, the law has been reviewed many times, with the most recent review in mid-2020. This review found that the laws to protect unique species and habitats are not working well enough.

In 1992, the Brazilian government created the Ministry of Environment to develop better strategies for protecting the environment, using natural resources wisely, and enforcing environmental policies. The Ministry oversees policies related to the environment, water, conservation, and programs in the Amazon.

Colombia has a legal process for punishing environmental damage, established by Law 1333 of 2009. This applies to individuals and companies that cause environmental harm without permission, build without environmental permits, or damage protected areas. Colombia's Criminal Code also includes crimes to protect natural resources and special zones, including ecocide for serious environmental damage, with punishments up to 140 months in prison.

The Department of the Environment Act in Canada creates the Department of the Environment and the position of Minister of the Environment. Their responsibilities include "protecting and improving the quality of the natural environment, including water, air, and soil; renewable resources like migratory birds and other non-domestic plants and animals; water; and weather." The Environmental Protection Act, introduced in March 2000, focuses on "preventing pollution and protecting the environment and human health to support sustainable development." Other key laws include the Canadian Environmental Assessment Act and the Species at Risk Act. If provincial and federal laws conflict, federal laws take precedence. However, provinces can have their own laws, such as Ontario's Environmental Bill of Rights and Clean Water Act.

According to the U.S. Environmental Protection Agency, "China has worked hard in recent years to develop, implement, and enforce a strong environmental law system. Chinese officials face challenges in enforcing these laws, clarifying the roles of national and provincial governments, and improving their legal system." Rapid economic and industrial growth in China has caused serious environmental damage, and the country is working to create stricter legal controls. Balancing society and the natural environment is now a top policy goal in China.

Environmental lawsuits in China have existed since the early 2000s. However, public protests have a bigger influence on shaping environmental policies than legal cases do.

In the Republic of Congo, inspired by African models from the 1990s, the idea of including environmental law in the constitution appeared in 1992. This marked an important step in the country's environmental law and policy, which began during the time of independence and even earlier, before colonization.