Environmental Law

Environmental Law 

Have you ever wondered who protects nature from people’s bad behaviors? This is where environmental laws come in. So what is environmental law? Basically it addresses the issues caused by human interaction with nature. These issues can be about water-air quality, species protecting, waste management, agriculture, hazardous wastes, sustainability etc. According to the UN (United Nations, 2022) the most challenging problem that humanity will face in the future is climate change. Although many people did not understand the magnitude of the problem today, eventually they will have to face the bitter truth. In light of this information, being an environmental lawyer might be the profession of the future. 

Historical Background of Environmental Law:

Therefore let's talk about when did environmental law enter our lives? Throughout history, national governments tried to introduce laws for protecting human health from environmental pollution. For example, around 80 AD the Roman Senate passed a law to protect the city's clean water source which is used for drinking and bathing. In 14 BC England passed a law in London. In the law they banned burning coal and disposing of  wastes into the waterways. Before the 20th century the environmental agreements were so limited. At the beginning of the 20th century,  some agreements were signed to protect the species of high commercial value. Beginning in the 1960s environmentalism became a significant political and intellectual movement in the west. In 1962, American biologist Rachel Carson published her book Silent Spring, which examined the environmental consequences of using chlorinated hydrocarbon pesticides. This publication had a huge impact on society. In the following years the U.S. government passed many other laws about solid waste disposal, air and water pollution, and protection of endangered species. To control the implementation of these laws ‘’Environmental Protection Agency’’ was established. These new environmental laws increased the role of the government for controlling the occurrence of illegal acts.    

Types of Environmental Law: Command-and-Control

Most environmental laws use a system called ‘’command and control’’. This system means governments tell people or companies what they can and what they cannot do. These laws generally consist of three main sections:

• They identify an activity that harms the environment.

• They set guidelines or limits for this activity. 

• They forbid activities that do not follow these rules.

There are many examples of sanctions imposed in the past due to these environmental laws. For example, the United States Water Pollution Control Act (1972). This act monitors how and where pollutants can be released into water sources. There is another example: 1983 in Germany, a law passed limiting the amount of pollution power plants can produce. Environmental law states that if someone breaks the rules their action can be considered as a crime. 

What Does an Environmental Lawyer Do?

Environmental lawyers can work in a wide range of areas. They can work with governments, companies, organizations, or individuals. There are several important points in their job descriptions: 

• Advising Clients: They give advice to companies or individuals about how their actions might affect environmental problems and how they can avoid it. For example, they warn about possible pollution, waste, anything that might endanger biodiversity, cause deforestation, or harm ecosystems.

• Representing clients on the court: Like other lawyers, if there is an argument about environmental issues between two people or a company, environmental lawyers can represent their client in court.

• International studies: Some environmental lawyers focus on global issues. For example, climate change and helping countries to implement agreements like the Paris Climate Agreement. 

Conclusion

As a result, the aim of the environmental law is to protect the environment and human lives. It helps to control pollution, deforestation, sustainability, waste or wildlife. Due to environmental laws  governments can supervise the companies’ and organization’s illegal behaviors. During this process environmental lawyers can be helpful to the governments, companies or individuals. In the end we shouldn't forget that the future of our planet depends on how well we follow and improve these laws.

-Deren Sinangil

References and Further Reading

United Nations (2022). Climate change greatest threat world has ever faced, UN expert warns. [online]. Available at: https://www.ohchr.org/en/press-releases/2022/10/climate-change-greatest-threat-world-has-ever-faced-un-expert-warns.

Encyclopaedia Britannica (n.d.). Principles of environmental law. [online] Available at: https://www.britannica.com/topic/environmental-law/Principles-of-environmental-law.

Environmental Science (n.d.). Environmental Lawyer. [online] Available at: https://www.environmentalscience.org/career/environmental-lawyer?utm_source=chatgpt.com.

Oxford Academic (n.d.). Environmental Law. [online] Available at: https://academic.oup.com/edited-volume/27975/chapter-abstract/211647368?redirectedFrom=fulltext.

The University of Law (n.d.). Environmental Law. [online] Available at: https://www.law.ac.uk/employability/legal-practice-areas/environmental-law/.