ENVIRONMENTAL LEGISLATION

Environmental Legislation

Environmental Legislation

Introduction

National and international environmental laws and regulations are relatively new phenomena. For centuries, conflicts over land and water use were resolved at local levels, either informally or in courts of law. But since the Industrial Revolution, increasing numbers of humans, new technologies, and rising levels of consumption have seriously degraded natural resources, have created costly and negative consequences for many, and are even likely to have altered the earth's climate. Acid rain, Love Canal, the wreck of the Exxon Valdez, and Bhopal provide well-known examples of business activities that have imposed involuntary costs on others. Degradation of natural resources (depleting fisheries and forests, desertification, ozone depletion, aquifer and wetland losses) is not a new phenomenon, but the pace of consumption, population growth, and new technology has led to many new or contemplated legal restrictions on economic activity (Kubasek, 2005, 244).

Discussion and Analysis

During the 20th century, economic activity has been particularly intense in the industrialized democracies. William Rees and others have calculated the “ecological footprint” of various societies that depend on natural capital from beyond their own borders. The European Union (EU) has calculated that its 25 member states represent a declining portion of the world's population, but a rise in per person consumption means that, through global trade, they use an increasing portion of the world's natural resources. Home to 7% of the world's population, the EU nations generate 17% of humanity's ecological footprint. North America (Mexico, the United States, and Canada) generates even larger footprints. A perceived conflict between economic development and environmental protection emerges: If India, China, and other developing nations follow the same upward trend in consumption and generate ever larger demands on natural capital, strains on natural capital are likely.

In looking at environmental law and regulation, it will be helpful to start first with the judicial decisions that try to balance the rights of individuals or corporations where there are no existing statutes or administrative regulations for the court to interpret. Next, U.S. federal and state statutes and administrative regulations will be discussed, along with the role of U.S. constitutional law. Last, international efforts to protect the environment will be examined and the impact of international trade agreements and institutions such as the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) will be considered (Kubasek, 2005, 244).

U.S. environmental law begins with state common law, which allows plaintiffs to sue on the basis of nuisance, trespass, or negligence for harms to person or property. States are free to pass environmental legislation, as well, and have historically done so to protect natural resources. At the federal level, Congress passed numerous laws, beginning in 1969, that sought to preserve clean air, land, and water. Congress also created the EPA to write regulations to implement each of the major environmental acts on clean air, clean water, hazardous waste, and chemicals and pesticides. The EPA, after appropriate notice to the public and a comment period, is empowered to issue regulations that have the same force ...