This article is written by Shreya Singhal, intern under Legal Vidhiya
Abstract
“Wipe out pollution, before it wipes you out.”
This is one of the most heard quotes in today’s world pertaining to the pollution and the environmental hazards. Pollution is becoming one of the most grievous natural hazards. While, on the one hand, many environmentalists and dedicated people towards the cause of environmental rehabilitation are trying their best to revive and preserve the nature, at the same time on the other hand, many big economic conglomerates are disturbing nature. Such acts of the companies and other entities are being famously nomenclatured as environmental crimes. However, the world is becoming more and more sensitive in order to save the environment, hence, many laws have been evolved to cease the deterioration of the nature.
India is trying its level best to contribute towards the cause. Recently we have signed the aim of net zero by 2070 which reflects India’s determination to turn the whole country green and clean in a few decades. Moreover, various methods to bring down the carbon footprint is also being pondered about.
Key Words: Environment Crime, Law, Natural Hazard
Introduction
Environmental crime refers to any illegal activity that harms the environment, including land, water, air, and wildlife. This can include activities such as illegal dumping of hazardous waste, illegal logging, wildlife trafficking, illegal fishing, and emissions of pollutants beyond the allowed levels. Environmental crimes can have a significant impact on both the environment and human health. They can lead to the destruction of natural habitats and ecosystems, the loss of biodiversity, and the contamination of air and water supplies, among other things. In many cases, environmental crimes also violate international treaties and national laws aimed at protecting the environment and human health.
To combat environmental crime, many governments and organizations have established laws, regulations, and enforcement mechanisms. These can include fines, penalties, and imprisonment for those who violate environmental laws, as well as efforts to increase public awareness and education about the importance of protecting the environment.
International Conventions related to Environment
There are many international conventions on environmental laws, which are designed to address different aspects of environmental protection and conservation. Here are some of the most significant ones:
- ‘United Nations Framework Convention on Climate Change (UNFCCC)’ – This convention was adopted in 1992 and is focused on addressing the issue of global warming and climate change. The convention aims to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human interference with the climate system.[1]
- ‘Convention on Biological Diversity (CBD)’ – This convention was adopted in 1992 and is focused on the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the utilization of genetic resources.
- ‘Convention on the Conservation of Migratory Species of Wild Animals (CMS)’ – This convention was adopted in 1979 and is focused on the conservation of migratory species and their habitats.
- ‘Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal’ – This convention was adopted in 1989 and aims to minimize the generation of hazardous wastes and to ensure their environmentally sound management, including their transboundary movement and disposal.
- ‘Stockholm Convention on Persistent Organic Pollutants (POPs)’ [2]– This convention was adopted in 2001 and aims to eliminate or restrict the production, use, and release of persistent organic pollutants, which are chemicals that persist in the environment and can have harmful effects on human health and wildlife.
- ‘Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade’ – This convention was adopted in 1998 and aims to promote shared responsibility and cooperative efforts among parties in the international trade of certain hazardous chemicals and pesticides.
- ‘Montreal Protocol on Substances that Deplete the Ozone Layer’ – This convention was adopted in 1987 and aims to phase out the production and consumption of ozone-depleting substances, which are chemicals that can destroy the Earth’s ozone layer and increase the risk of skin cancer and other health problems.
These are just a few examples of the many conventions on environmental laws that exist today. Each convention is designed to address a specific environmental issue and to promote international cooperation and action to protect the environment.
Environmental Laws around the World
There are various laws around the world related to environmental crime. Here are a few examples:
- United States: The Clean Air Act and the Clean Water Act[3] are two of the major environmental laws in the United States. They establish limits on pollution and require businesses to obtain permits for certain activities. Additionally, the Resource Conservation and Recovery Act regulates the handling and disposal of hazardous waste.
- European Union: The European Union has established several environmental laws and regulations, including the Birds and Habitats Directives, which protect birds and their habitats, and the Waste Framework Directive, which aims to reduce waste and promote recycling.
- China: China’s Environmental Protection Law, which was revised in 2014, establishes regulations on air and water pollution, as well as the disposal of hazardous waste. China has also implemented a new environmental tax law, which imposes fees on companies that pollute.
- Brazil: Brazil has several laws related to environmental protection, including the Forest Code, which regulates the use and conservation of forests, and the National Policy on Solid Waste, which aims to reduce waste and promote recycling.
- Australia: The Environment Protection and Biodiversity Conservation Act is a major environmental law in Australia. It regulates activities that could have a significant impact on the environment, including activities related to wildlife, heritage, and marine conservation.
These are just a few examples of the many environmental laws around the world. Each country has its own set of laws and regulations, and there are also international treaties and agreements, such as the Paris Agreement on climate change, that aim to address environmental issues on a global scale.
Recent Cases of Violations of Environmental Laws
There have been several recent cases of violations of environmental laws around the world. Here are a few examples:
- ExxonMobil: In December 2021, ExxonMobil agreed to pay a $31 million settlement over alleged violations of environmental laws in Texas. The company was accused of releasing hazardous pollutants into the air from its facilities in Baytown and Beaumont, which impacted local communities.
- Volkswagen: In March 2021, Volkswagen was fined $1.4 billion by German prosecutors over the “dieselgate” scandal, in which the company was found to have cheated emissions tests for its diesel vehicles. The scandal led to air pollution and violated environmental laws in several countries.
- Chevron: In February 2021, Chevron was fined $2.7 million by the state of California for violating environmental regulations related to underground fuel tanks at its gas stations. The company was accused of failing to properly maintain the tanks and monitor them for leaks, which posed a risk to groundwater.
- Amazon: In November 2020, Amazon was fined €4 million by a French court for violating environmental laws related to the disposal of hazardous waste. The company was accused of not properly disposing of electronic waste and other hazardous materials, which posed a risk to human health and the environment.
- Shell: In October 2020, a Dutch court ordered Shell to cut its carbon emissions by 45% by 2030, after finding that the company’s current emissions were violating human rights and environmental laws. The ruling was a landmark decision and could have significant implications for other oil and gas companies.
These are just a few examples of recent cases of violations of environmental laws. There are many other cases happening around the world, as companies and individuals are held accountable for their impact on the environment. Moreover, many such cases have happened in India as well. For example, in the recent case of G.S Bansal v. State of Punjab & Ors., increasing neck cancer in men and breast cancer in women in the states of Punjab and Rajasthan has led to the mandate to these states by the National Green Tribunal (NGT) to form committees to look into the matter and delve into more aspects of it. A new environmental law can be expected in this regard too. M.C Mehta v. Union Carbide Commission is another case where toxic gas escaped the industry which also evolved the concept of strict and absolute liability.
Indian Stand on Environmental Crimes
India has taken a strong stand on environmental crimes, recognizing the importance of protecting the environment and its natural resources for sustainable development. The Indian government has enacted various laws and regulations to prevent and punish environmental crimes, including:
- The Water (Prevention and Control of Pollution) Act, 1974 – This act aims to prevent and control water pollution and to maintain or restore the wholesomeness of water.
- The Air (Prevention and Control of Pollution) Act, 1981 – This act aims to prevent and control air pollution and to improve the quality of air.
- The Wildlife Protection Act, 1972 – This act aims to protect and conserve the wildlife and its habitats in India.
- The Forest (Conservation) Act, 1980 – This act aims to protect forests and their biodiversity, and to regulate the diversion of forestland for non-forest purposes.
- The National Green Tribunal (NGT) – The NGT is a specialized judicial body established in 2010 to handle environmental disputes and to enforce environmental laws.
In addition, India is a signatory to various international environmental agreements and conventions, including the Paris Agreement on climate change, the Convention on Biological Diversity, and the Montreal Protocol on Substances that Deplete the Ozone Layer. Overall, India recognizes the importance of protecting the environment and has taken strong measures to prevent and punish environmental crimes. However, there is still much work to be done to ensure that these laws and regulations are effectively enforced, and that the environment is protected for future generations.
Way Forward
Developing effective environmental laws requires a comprehensive and collaborative approach. Here are some steps that could be taken to develop environmental laws:
- Conduct research and analysis: It is essential to conduct research and analysis to identify environmental issues and their causes, as well as potential solutions. This should include scientific studies and assessments, as well as consultations with stakeholders, including industry, government agencies, and environmental groups.
- Develop policies and legislation: Based on the research and analysis, policies and legislation should be developed to address environmental issues. These should be comprehensive, clear, and enforceable, and should incorporate principles such as the polluter pays principle, precautionary principle, and sustainable development.
- Consultation and engagement: Consultation and engagement with all stakeholders are critical to ensure that the policies and legislation are relevant and effective. This should include consultation with affected communities and indigenous peoples.
- Implementation and enforcement: Policies and legislation must be effectively implemented and enforced to achieve their objectives. This requires adequate resources, including trained staff, monitoring and reporting mechanisms, and penalties for non-compliance.
- Review and evaluation: Regular review and evaluation of environmental laws and policies are necessary to ensure their ongoing effectiveness and relevance. This should include monitoring of environmental indicators and feedback from stakeholders.
- International collaboration: Environmental issues are global, and many environmental problems require international cooperation to address them. Collaboration with international organizations and other countries can help develop best practices and share knowledge and resources.
Overall, developing effective environmental laws requires a long-term commitment and collaboration among stakeholders. By adopting a comprehensive and inclusive approach, it is possible to develop laws and policies that protect the environment and promote sustainable development.
[1] India’s Updated First Nationally Determined Contribution Under Paris Agreement, Government of India, Annual Report 2021-2030, available at, https://unfccc.int/sites/default/files/NDC/2022-08/India%20Updated%20First%20Nationally%20Determined%20Contrib.pdf last seen on 09/04/2023.
[2] Stockholm POPs, available at http://chm.pops.int/TheConvention/ThePOPs/ListingofPOPs/tabid/2509/Default.aspx last seen on 10/04/2023.
[3] History of the Clean Water Act, available at https://www.epa.gov/laws-regulations/history-clean-water-act#:~:text=The%20Federal%20Water%20Pollution%20Control,Clean%20Water%20Act%20(CWA) last seen at 11/04/2023. jkO
