this ppt gives you an information about the Environmental law

1. ENVIRONMENTAL LAWENVIRONMENTAL LAW
Presented by :Presented by :
Devyani B.VaidyaDevyani B.Vaidya

2. INTRODUCTIONINTRODUCTION
 Prior to the existence of environmentalPrior to the existence of environmental
laws, the environment was severelylaws, the environment was severely
degraded.degraded.
 The need for regulation was seenThe need for regulation was seen
necessary after the tort law failed tonecessary after the tort law failed to
protect the environment.protect the environment.
 Tragedy of the commons: Freedom in theTragedy of the commons: Freedom in the
commons brings ruin to all.commons brings ruin to all.
 Free Rider: A profiting polluter andFree Rider: A profiting polluter and
everyone else pays to clean theeveryone else pays to clean the
environment.environment.

3. ENVIROMENTAL ETHICSENVIROMENTAL ETHICS
 Humans are the dominant species in theHumans are the dominant species in the
ecosystem, with knowledge and power.ecosystem, with knowledge and power.
 It is our ethical obligation to consider theIt is our ethical obligation to consider the
long-term impact of our behavior.long-term impact of our behavior.

4. ALTERNATIVE WAYS TO CONTROLALTERNATIVE WAYS TO CONTROL
POLLUTIONPOLLUTION
 Tort LawTort Law: Ineffective way to stop pollution,: Ineffective way to stop pollution,
why?why?
 Subsidies, Emissions charges, andSubsidies, Emissions charges, and
marketable emissions permitsmarketable emissions permits: Hard to: Hard to
implement.implement.
 Green TaxesGreen Taxes: Effective, a tax on polluting: Effective, a tax on polluting
behavior, adopted by the European Union.behavior, adopted by the European Union.
 Direct RegulationDirect Regulation: Effective, adopted by: Effective, adopted by
the US after 1970.the US after 1970.

5. EVOLUTION OF THEEVOLUTION OF THE
ENVIRONMENTAL POLICYENVIRONMENTAL POLICY
 Reflected the state of scientific knowledgeReflected the state of scientific knowledge
and the development of sophisticatedand the development of sophisticated
detection instruments. These instrumentsdetection instruments. These instruments
are able to detect the presence of aare able to detect the presence of a
pollutant in parts per billion.pollutant in parts per billion.
 Cataclysmic events like the 1969 oil spill inCataclysmic events like the 1969 oil spill in
Santa Barbra, CA.Santa Barbra, CA.
 Public pressure.Public pressure.

6. THE SEVENTIESTHE SEVENTIES
THE ENVIRONMENTAL DECADETHE ENVIRONMENTAL DECADE
 Three books inspired the environmentalThree books inspired the environmental
awarenessawareness::
 1. Silent Spring; by Rachel Carson.1. Silent Spring; by Rachel Carson.
 2. The Population Bomb; by Paul Ehrlich.2. The Population Bomb; by Paul Ehrlich.
 The Closing Circle; by Barry Commoners.The Closing Circle; by Barry Commoners.

7. 1970’s1970’s
 The creation of the EnvironmentalThe creation of the Environmental
Protection Agency, EPAProtection Agency, EPA
 The passage of the NationalThe passage of the National
Environmental Policy Act, NEPA.Environmental Policy Act, NEPA.
 The passage of 27 laws designed toThe passage of 27 laws designed to
protect the environment.protect the environment.

8. 1980’s1980’s
 Getting government off the back of business,Getting government off the back of business,
Reagan’s deregulation.Reagan’s deregulation.
 Cutting EPA personnel by 20%, and EPA budgetCutting EPA personnel by 20%, and EPA budget
by more than 33%by more than 33%
 Much of the administrative burden associatedMuch of the administrative burden associated
with environmental policy was shifted to thewith environmental policy was shifted to the
states.states.
 Decimated CEQ by drastic cuts in its budget.Decimated CEQ by drastic cuts in its budget.
 At the end of the decade, congress faced publicAt the end of the decade, congress faced public
pressure to oppose Reagan’s environmentalpressure to oppose Reagan’s environmental
policies.policies.
 Voluntary Programs: ISO 14000.Voluntary Programs: ISO 14000.

9. 1990’s1990’s
 Passage of the CLEAN AIR ACT in 1990.Passage of the CLEAN AIR ACT in 1990.
 Federal courts were dominated byFederal courts were dominated by
Reagan’s conservative appointees.Reagan’s conservative appointees.
 Greater use market forces, make theGreater use market forces, make the
polluter pay.polluter pay.
 1994 House of Representatives were1994 House of Representatives were
committed to weaken environmentalcommitted to weaken environmental
regulations.regulations.
 Clinton maintained that he would veto anyClinton maintained that he would veto any
bill that would undermine existingbill that would undermine existing
environmental protection.environmental protection.

10. 1990’s continued1990’s continued
 Very few proposals became law by theVery few proposals became law by the
end of 1995.end of 1995.
 A Republican pollster disclosed that onlyA Republican pollster disclosed that only
35% of the public would vote to reelect35% of the public would vote to reelect
congressmen who voted to cut EPAcongressmen who voted to cut EPA
funding.funding.
 President Clinton enacted a series ofPresident Clinton enacted a series of
environmental regulations throughenvironmental regulations through
executive order.executive order.

11. 20012001
 Bush’s first acts as president was to orderBush’s first acts as president was to order
agencies to suspend implementation ofagencies to suspend implementation of
Clinton’s environmental executive orders.Clinton’s environmental executive orders.
 Bush’s and his appointees Gale Norton,Bush’s and his appointees Gale Norton,
Christine Whitman, Spencer Abraham,Christine Whitman, Spencer Abraham,
and others are committed to weakenand others are committed to weaken
environmental regulations.environmental regulations.
 More than 80% of the public opposeMore than 80% of the public oppose
drilling for oil in the Arctic National Wildlifedrilling for oil in the Arctic National Wildlife
Refuge.Refuge.

12. NATIONAL ENVIRONMENTALNATIONAL ENVIRONMENTAL
POLICY ACT of 1970POLICY ACT of 1970
 Establishes the Council on EnvironmentalEstablishes the Council on Environmental
Quality, CEQ; the federal watchdog.Quality, CEQ; the federal watchdog.
 Requires federal agencies to takeRequires federal agencies to take
environmental consequences into accountenvironmental consequences into account
when making certain decisions.when making certain decisions.
 Requires an Environmental ImpactRequires an Environmental Impact
Statement, EIS, for every major legislativeStatement, EIS, for every major legislative
proposal or action having a significantproposal or action having a significant
impact on the environment.impact on the environment.

13. CEQCEQ
 Made up of 3 persons, one is the chair,Made up of 3 persons, one is the chair,
and staff to serve them.and staff to serve them.
 Advise the president about environmentalAdvise the president about environmental
matters.matters.
 Gathers data, and publishes theGathers data, and publishes the
President’s Annual Report onPresident’s Annual Report on
Environmental QualityEnvironmental Quality, a public report., a public report.

14. POLLUTION PREVENTION ACT ofPOLLUTION PREVENTION ACT of
19901990
 Remedies earlier end-of-pipe regulations,Remedies earlier end-of-pipe regulations,
finds ways to prevent the creation offinds ways to prevent the creation of
pollution at the source.pollution at the source.
 1993; Clinton issued executive order to1993; Clinton issued executive order to
improve pollution prevention in the federalimprove pollution prevention in the federal
government.government.
 The PPA was very effective, and savedThe PPA was very effective, and saved
producers money by source reduction andproducers money by source reduction and
better engineering designs.better engineering designs.

15. AIR QUALITY CONTROLAIR QUALITY CONTROL
 The 1970 Clean Air Act targeted Auto andThe 1970 Clean Air Act targeted Auto and
Smokestacks Emissions, it significantlySmokestacks Emissions, it significantly
improved air quality.improved air quality.
 The major air pollutants are:The major air pollutants are:
 1. Sulfur Dioxide SO2; sources are volcanic1. Sulfur Dioxide SO2; sources are volcanic
emissions, and the burning of high-sulfuremissions, and the burning of high-sulfur
containing coal. It is highly corrosive and cancontaining coal. It is highly corrosive and can
damage the respiratory tractdamage the respiratory tract
 2. Nitrogen Oxides; sources are lightning,2. Nitrogen Oxides; sources are lightning,
decomposing organics, and auto and industrialdecomposing organics, and auto and industrial
emissions. It can damage the respiratory tractemissions. It can damage the respiratory tract
and deplete the ozone layerand deplete the ozone layer

16. Continue;Continue; Major air pollutantsMajor air pollutants
 3. Carbon Monoxide; sources are natural3. Carbon Monoxide; sources are natural
and also from incomplete burning of fossiland also from incomplete burning of fossil
fuels, mainly auto emissions, it contributesfuels, mainly auto emissions, it contributes
to the global warming and to the formationto the global warming and to the formation
of ozone at low altitudesof ozone at low altitudes
 4. Ozone; Is the primary ingredient of4. Ozone; Is the primary ingredient of
smog, causes eye irritation, nasalsmog, causes eye irritation, nasal
congestion, asthma, damage to lung andcongestion, asthma, damage to lung and
immune system. (The Ozone layer isimmune system. (The Ozone layer is
ozone at high altitude and protects life byozone at high altitude and protects life by
blocking ultraviolet radiation)blocking ultraviolet radiation)

17. Continue;Continue; Major air pollutantsMajor air pollutants
 5. Particulates; Natural sources include5. Particulates; Natural sources include
soil erosion, pollen, volcanoes. Humansoil erosion, pollen, volcanoes. Human
made sources include diesel enginesmade sources include diesel engines
emissions, cement manufacturing, roademissions, cement manufacturing, road
construction, wood-burning stoves, etc.construction, wood-burning stoves, etc.
Particulates finer than 10 micrometersParticulates finer than 10 micrometers
may not be filtered from the lungs, somemay not be filtered from the lungs, some
particulates are carcinogenic, some areparticulates are carcinogenic, some are
irritantsirritants

18. Major air pollutantsMajor air pollutants
 6. Lead; Major source was leaded6. Lead; Major source was leaded
gasoline which was phased out in earlygasoline which was phased out in early
1970’s, metal processing is now the major1970’s, metal processing is now the major
source. Lead harms the neurologicalsource. Lead harms the neurological
system and kidneys, may also causesystem and kidneys, may also cause
seizures and mental retardationseizures and mental retardation

19. Major air pollutantsMajor air pollutants
 7. Airborne toxins; 188 airborne toxins are7. Airborne toxins; 188 airborne toxins are
currently, or will be, regulated after thecurrently, or will be, regulated after the
passage of 1990 Clean Air Actpassage of 1990 Clean Air Act
amendments. Sources include chemicalamendments. Sources include chemical
plants, plastics manufacturing andplants, plastics manufacturing and
burning, oil refineries, etc. They can beburning, oil refineries, etc. They can be
toxic or carcinogenictoxic or carcinogenic

20. GLOBAL AIR-QUALITYGLOBAL AIR-QUALITY
PROBLEMSPROBLEMS
 Acid rainAcid rain; primary cause is SO2 and NOx; primary cause is SO2 and NOx
emissions. SO2 and NOx gases can beemissions. SO2 and NOx gases can be
carried in the atmosphere.carried in the atmosphere.
 Lakes on alkaline foundations likeLakes on alkaline foundations like
limestone will buffer the harm of acid rain,limestone will buffer the harm of acid rain,
lakes on granite foundations will not bufferlakes on granite foundations will not buffer
the acidity, and aquatic life may diethe acidity, and aquatic life may die

21. GLOBAL AIR-QUALITYGLOBAL AIR-QUALITY
PROBLEMSPROBLEMS
 Depletion of the Ozone LayerDepletion of the Ozone Layer; the primary; the primary
cause is the use of chlorofluorocarbons, incause is the use of chlorofluorocarbons, in
refrigeration and air conditioning. Therefrigeration and air conditioning. The
Ozone layer blocks most of the UV rays,Ozone layer blocks most of the UV rays,
which are harmful to all living organismswhich are harmful to all living organisms
including humansincluding humans

22. GLOBAL AIR-QUALITYGLOBAL AIR-QUALITY
PROBLEMSPROBLEMS
 Global Warming; The majority of scientistsGlobal Warming; The majority of scientists
think it would be devastating if the trendthink it would be devastating if the trend
continues. Effects can be a rise in seacontinues. Effects can be a rise in sea
levels, increasing frequency of severelevels, increasing frequency of severe
hurricanes, floods, and droughts, and thehurricanes, floods, and droughts, and the
extinction of plant and animal species. Weextinction of plant and animal species. We
already witnessed some effectsalready witnessed some effects

23. SOLUTIONS TO HUMANSOLUTIONS TO HUMAN
INDUCED CLIMATE CHANGEINDUCED CLIMATE CHANGE
 The 1997 Kyoto Protocol: An attempt byThe 1997 Kyoto Protocol: An attempt by
the global community to reducethe global community to reduce
greenhouse emissions by 2012 to 5.2%greenhouse emissions by 2012 to 5.2%
below 1990 levelbelow 1990 level
 The protocol can not be enforced withoutThe protocol can not be enforced without
the ratification of developed countriesthe ratification of developed countries
 In 2001, president Bush pulled out of theIn 2001, president Bush pulled out of the
Kyoto ProtocolKyoto Protocol

24. INDOOR POLLUTIONINDOOR POLLUTION
 Poorly ventilated buildings can trapPoorly ventilated buildings can trap
pollutants and affect human healthpollutants and affect human health
 Source may come from outside airSource may come from outside air
pollution, or from inside from buildingpollution, or from inside from building
materials, insecticides, solvents, Radon,materials, insecticides, solvents, Radon,
etc.etc.

25. HISTORICAL APPROACHHISTORICAL APPROACH
 Earlier attempts to improve air qualityEarlier attempts to improve air quality
started in the 1880’sstarted in the 1880’s
 Clean Air Act of 1963 did not mandateClean Air Act of 1963 did not mandate
standards or define air pollutionstandards or define air pollution
 1967 Air Quality Act; created 10 regions1967 Air Quality Act; created 10 regions
within which pollution could be regulated,within which pollution could be regulated,
was ineffectivewas ineffective
 The 1970 Clean Air Act was a successThe 1970 Clean Air Act was a success

26. 1990 CLEAN AIR ACT1990 CLEAN AIR ACT
 Brought more resources under regulationBrought more resources under regulation
 More stringent controls on acid rain andMore stringent controls on acid rain and
air toxinsair toxins
 Provided compliance deadlinesProvided compliance deadlines
 Strengthened enforcement provisionsStrengthened enforcement provisions