What is environmental law?
Environmental laws are the legal frameworks that protect the natural environment. They vary from country to country, but typically help govern and regulate natural resources – specifically, how human beings interact with and use them.
With the threat of climate change facing the planet, environmental law is a growing and increasingly important area of law. At both the national and international levels, environmental lawyers are working to mitigate climate change’s impact.
Common issues covered by environmental law
From forests to fisheries, natural resources ensure humanity’s survival and contribute to people’s overall quality of life. Environmental laws, in their various forms and iterations, protect these natural resources in a number of areas, including:
Air quality
Environmental law seeks to reduce air pollution levels and carbon emissions, particularly where they are harmful to human health. It does this through outlawing or limiting specific chemicals and pollutants, mandating air quality targets, and so on.
Water quality
Water pollution laws govern what can, and cannot, be discharged into water sources. They also control sewage treatment and disposal, plastics waste reduction in water sources, waste water management – particularly in the industrial and agricultural sectors – and surface water runoff in urban areas as well as construction sites.
Soil quality
Soil quality laws dictate what types of chemical discharges should or shouldn’t be used on soil and sediment, how soil health should be measured and monitored, and how pollutants should be cleaned up in the event of spills or other contaminant emergencies.
Biodiversity
Environmental laws are frequently tasked with protecting – and challenging threats to – biodiversity, natural habitats, and existing ecosystems.
Waste management and contaminant clean-up
Environmental law is often tasked with preventing environmental degradation, which is defined as the deterioration of the environment through the depletion of resources, the destruction of ecosystems, and the extinction of wildlife. It comes with enormous economic, political, and social consequences. There are also significant repercussions for human health and the natural resources that people depend upon to survive.
Forests, oceans and wildlife
While the rules vary hugely between different regions and countries, most governments have laws and directives that govern the sustainable harvests of resources from both land and oceans. This covers hunting and fishing – both sport and commercial – as well as mineral resources, water resources, forestry resources, and so on.
Sustainable energy
There are a number of energy sources that people rely upon, with some more sustainable or renewable than others. While much of the world is still heavily reliant upon natural gas and even coal, there are also hydro, nuclear, wind, solar, tidal, geothermal, and biomass energy sources – and environmental laws help regulate these growing industries.
Environmental impact assessments
Environmental law underpins the environmental impact assessments (EIAs) that many governing bodies require. These assessments investigate and report on any environmental repercussions of projects and policies before they are approved or put into motion. These play a huge role in enabling sustainable development.
Examples of environmental law around the world
Environmental laws around the world vary in scope, but typically share a common purpose: they use the legal system to protect the natural world and promote sustainability and environmental principles. They may ensure the creation of some kind of environment agency, or another body that is tasked with overseeing and enforcing the laws and regulations, as well as overseeing any remediation work required in the case of environmental damage.
Environmental law in the United Kingdom
In England and Wales, environmental law is largely covered by the Environment Act 2021. This legislation borrows heavily from European Union (EU) environmental law, and lists four priority areas:
- Air quality
- Water
- Biodiversity
- Resource efficiency and waste reduction
It also grants the government the power to set new, binding targets, and establishes the Office for Environmental Protection (OEP).
The UK is also home to the:
- United Kingdom Environmental Law Association, which is dedicated to helping develop more robust environmental laws as well as improving understanding and awareness of environmental law.
- Environmental Law Foundation, which aims to help socially and economically disadvantaged communities address concerns connected to climate change and the environment, often through legal channels.
Scotland’s regulations are managed through the Scottish Environment Protection Agency (SEPA), and Northern Ireland approved its own environmental provisions in March 2022.
Environmental law in the United States
The United States has a number of federal laws that aim to protect the environment. This number has grown significantly in the decades since the US government first enacted what’s known as its three major environmental laws:
- The Clean Air Act
- The Clean Water Act
- The Toxic Substances Control Act
What is the United States Environmental Protection Agency?
The United States Environmental Protection Agency (EPA) was founded in 1970 to establish and enforce environmental laws.
Environmental law in Australia
Australian environmental law is currently governed by the Environment Protection and Biodiversity Conservation Act 1999. It aims to conserve and protect threatened species, wetlands, world heritage sites, and the Great Barrier Reef Marine Park.
International environmental law
Climate change’s causes, consequences, and solutions naturally cross borders, so environmental law frequently requires international discussion and regulation.
The United Nations held one of the first international summits on environmental problems and issues in 1972, and since then, governments at multiple levels, along with human rights groups, non-governmental organisations (NGOs), and other international groups have developed various frameworks, policies, and treaties to safeguard natural resources, protect the environment, and forge connections between nations – and international environmental lawyers have played a significant role in ensuring the success of this work.
Organisations working on environmental law at an international level include:
