What is environmental law? How does it differ from other branches of law?

Environmental law is a branch of the law that governs how people interact with their surroundings. It promotes sustainable development and lessens environmental consequences while balancing environmental protection with the development and utilization of natural resources. As new environmental concerns emerge and our awareness of current challenges deepens, environmental law is a discipline that is always changing. And it is more important to note that environmental law is different from other traditional branches of law.

The governance of the interactions between human activities and the natural environment is a complicated, multidisciplinary field. It is a dynamic and developing area of law that aims to maintain a balance between the preservation of the natural world and the exploitation of its resources, preventing human activity from endangering the environment and all of its constituent parts, including the air, water, and soil.

What does the term Environment Law mean?

The meaning of environmental law can be summed up as a legal framework designed to safeguard the environment and all of its constituent parts, including the air, water, and soil, from harmful activities and to control the exploitation of natural resources. Setting environmental quality standards and granting the government and other appropriate agencies the authority to enforce them accomplishes this.

The late 19th and early 20th centuries are when the term “environmental law” originally appeared, during a time when environmental issues were only starting to become an issue as a result of industrialization. It became more and more obvious that environmental protection laws were necessary as industrialization grew and the impacts of pollution and other human activities on the environment became more and more obvious.

The words “environment” and “law” are the two basic components of the term “environmental law.” The Latin term “environare,” which means “to surround,” is where the term “environment” originates. The natural world and the many components of the environment, such as the air, water, and soil, are referred to as the environment in the context of environmental law.

According to the Merriam-Webster Dictionary, Environment means “The circumstances, objects, or conditions by which one is surrounded.” However, the Black’s Law Dictionary defines environment as “The sum total of all external physical and biological factors that surround and influence an organism or a community.”

And regarding the law definition we all know what law is! However, “law” is derived from the Old English word “lagu,” which means “something laid down or fixed.” In the context of environmental law, the term refers to the legal regime that governs human activities and their impact on the environment.

Taken together, the term “environmental law” refers to the body of rules and laws that control how humans interact with the environment and how that interaction affects it, with the intention of preserving and protecting the environment and all of its constituent parts.

Read A Workable Definition Of Law, Probably!

What is Environmental Law?

As more environmental concerns are understood and new ones emerge, environmental law is an area that is always changing. It covers waste management, the exploitation of natural resources, deforestation, and numerous other actions taken by people that have an impact on the environment.

If we review the definitions in the dictionary, the Black’s Law Dictionary defines “Environmental law” as “the body of law dealing with the protection of the environment, including air and water pollution, waste management, and the regulation of natural resources.” However, according to Merriam-Webster’s definition, Environmental law is “A branch of law concerned with protecting the natural environment and regulating the impacts of human activities on it, including the control of pollution and the preservation of natural resources.”

Jurists have also offered their own definitions of environmental law. For example, in his book “Environmental Law,” Professor J. Anderson Paddock defines environmental law as “a legal regime that seeks to protect the natural environment and its various elements, such as air, water, and soil, from harmful activities, and to regulate the use of natural resources.”

Experts in the field of environmental law have also offered their own definitions. For example, in her book “Environmental Law and Policy,” Professor Elizabeth Birnbaum defines environmental law as “a body of law that regulates human activities that have an impact on the environment, including the use of natural resources, waste management, and air and water pollution.”

How does it work?

The Clean Air Act (CAA) in the United States provides an illustration of environmental law in practice. The CAA, which was passed in 1963 and has since undergone multiple amendments, controls air pollution and establishes uniform standards for air quality. The Act gives the EPA the power to impose limitations on the number of specific pollutants that are allowed to be discharged into the atmosphere. The CAA has had a substantial influence on public health and has significantly reduced air pollution in the United States.

We should also bring up the 1995 Bangladesh Environmental Conservation Act (BECA). The BECA is a detailed environmental law that governs the preservation and protection of Bangladesh’s environment and natural resources.

According to the BECA, the Bangladeshi government is empowered to restrict and manage practices that harm the environment, such as waste management, deforestation, and the exploitation of natural resources. A National Environmental Council and regional Environmental Conservation Committees are also created by the Act, and they are tasked with upholding the law’s requirements.

The Rampal Power Plant, a proposed coal-fired power plant located close to the Sundarbans, one of the world’s largest mangrove forests, is one particular instance of how the BECA has been used in Bangladesh. Due to worries about potential environmental effects, such as air and water pollution and the destruction of wildlife habitat, environmental organizations and local people opposed the construction of the power plant.

In response, using the BECA’s requirements, the Bangladesh High Court halted work on the Rampal Power Plant. The government had failed to adequately analyze the project’s possible environmental effects, the court ruled, and the power plant would have a severe negative impact on both the environment and the surrounding community.

How does it differ from other areas of international law

Promoting sustainable development and minimizing environmental damage requires an understanding of the distinctions between environmental law and other areas of the law. We will try to find out and understand how Environmental law is different from other branches of law if there is any distinction at all.

The comparative study of environmental law suggests that environmental law distinguishes itself from other legal disciplines in several significant aspects. First off, environmental law is a specialized and comprehensive body of legislation that focuses particularly on the protection and conservation of the environment, in contrast to other fields of law that may only address environmental issues in a limited way.

The interdisciplinary nature of environmental law sets it apart from other branches of the law. In order to comprehend the environmental effects of human activities and to establish suitable legal solutions, environmental law draws on a wide range of scientific and technological domains, including environmental science, ecology, and public health.

The proactive nature of environmental law’s approach to environmental protection is another significant distinction between it and other fields of law. Environmental law tries to avoid harm to the environment by the use of legal measures like rules, licenses, and environmental assessments, in contrast to other fields of law that may only respond to harm after it has been done.

Another viewpoint allows us to distinguish environmental law from other legal specialties. It includes a number of legal fields as a distinct branch of law, including administrative law, criminal law, civil law, and property law. It differs from these branches in a number of crucial ways.

Environmental law vs. criminal law

Criminal law and environmental law are distinct from one another since the former usually focuses on regulatory infractions rather than criminal charges. Criminal law is typically used to punish environmental crimes like unlawful dumping and animal trafficking, however, the bulk of environmental law cases are administrative fines for breaking environmental laws.

Environmental law vs. administrative law

Environmental law specializes in the regulation of actions that have an influence on the environment, as opposed to administrative law, which deals with the policies and regulations guiding the actions of governmental agencies. Although the two are not the same, administrative law is frequently utilized to execute environmental legislation.

Environmental law vs. civil law

Environmental law can also cross paths with civil law, which handles disagreements between private parties. For instance, if a business pollutes a nearby water supply, a property owner may file a civil lawsuit against the business, and the business may also be liable to administrative fines under environmental legislation.

Environmental law vs. property law

Last but not least, environmental law is distinct from property law in that it frequently aims to safeguard resources or ecosystems outside the confines of private property. For instance, regardless of whether they reside on public or private land, threatened and endangered animals are protected under the Endangered Species Act (1973).

The focus of environmental law is on the regulation of actions that have an influence on the environment, which sets it apart from other areas of law like criminal law, administrative law, civil law, and property law. It is a distinct and specialized field of law that sets itself apart from others through its all-encompassing approach to environmental protection and conservation, interdisciplinary character, proactive approach to environmental protection, and emphasis on sustainability.

References:

• Environmental Law Handbook, edited by David E. Adelman (Government Institutes, 2017)
• Environmental Law and Policy: Nature, Law, and Society, by Richard L. Revesz and Michael A. Livermore (Foundation Press, 2008)
• The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey (Oxford University Press, 2012)
• Environmental Law in a Nutshell, by Roger W. Findley and Daniel A. Farber (West Academic Publishing, 2019)
• Stone, C. (2017). Should Trees Have Standing? Law, Morality, and the Environment. Oxford University Press.
• Environmental Law Reporter (ELR), a weekly newsletter and online resource that provides news, analysis, and commentary on environmental law and policy. (https://www.elr.com)
• Environmental Protection Agency (EPA). (n.d.). What is Environmental Law? Retrieved February 11, 2023, from https://www.epa.gov/laws-regulations/summary-environmental-laws
• Endangered Species Act of 1973. (n.d.). Retrieved February 11, 2023, from https://www.fws.gov/laws/lawsdigest/ESA.html
• Bangladesh Environmental Conservation Act, 1995. (n.d.). Retrieved February 11, 2023, from https://bdlaws.minlaw.gov.bd/pdf_part.php?id=704
• Oxford English Dictionary. (n.d.). Environmental law. Retrieved February 11, 2023, from https://www.oed.com/view/Entry/79129
• Intergovernmental Panel on Climate Change (IPCC). (2014). Climate Change 2014: Synthesis Report. Retrieved February 11, 2023, from https://www.ipcc.ch/report/ar5/syr/