ENVIRONMENTAL LAW
COURSE CODE: 502
M.Sc. Environmental and Sustainable Development
College of Science, University of Bahrain, Bahrain
First Semester 2020-21
24/9/2020
DR. ARBAB MOHAMMED ABDUL RUB
ASSOCIATE PROFESSOR OF LAW
PRIVATE LAW DEPAREMENT
COLLEGE OF LAW
UNIVERSITY OF BAHRAIN
CONCEPT AND MEANING OF ENVIRONMENT
• The Concept of environment is as old as the
concept of Nature itself. It is a composite
term reflecting the conditions in which
organisms consisting of Air, Water, Food,
Sunlight etc., thrive and become living sources
of life for all the living and non-living beings
including plant life.
• The concept of environment can be understood two
dimensionally, namely, in a narrow sense and broader sense.
• In its narrow and etymological sense environment denotes
surroundings whereas in its broader sense it includes
everything visible and invisible, seen and unseen, known and
unknown, living and non-living and their interaction, on,
under the above the surface of the earth.
MEANING & DEFINITION
• The global problem of the present day is the
Environmental pollution, which is a serious threat to
the existence and survival of human race. As food,
clothing and shelter are the basic human needs; “
Unpolluted air (to breathe), uncontaminated water
(to drink) and nutritious food and hygienic condition
to live in” are from human personality.
• Man, in making variety of efforts for progress and
development, causes much damage to forests, wild life, land
surface, water resources and to atmosphere, which are part
and parcel of the environment.
• Thus, the people, voluntary organizations and Government
agencies should realize the importance of the protection and
improvement of environment.
• Meaning: The term ‘Environment’ is formulated on the word
‘Environ’ derived from the French word ‘Environner’, which
means “to surround”. Thus, the term ‘Environment’ literally
means “the surroundings and conditions under which man
lives and works”. In other words, “it is the physical and
biological world that we live in”.
• General Definitions:
• The following are some of the important definitions given by
various authors and authorities, to the term “Environment”.
• Dr T N Khoshoo (Secretary, Department of Environment,
Government of India) defines environment as “the sum total
of all conditions and influences and affect the development
and life of all organs”.
• According to Goudi, Environment is the representative of
physical components of the earth wherein man is the
important factor influencing his environment.
• According to K R Diskshit, our minimum concern is the quality
of space we live in, the purity of air we breathe, the food we
eat, the water we drink and the resources we draw from our
environment to support our economy.
• According to the United States Council on Environmental
Quality, “Environment” means man’s total environmental
system including not only the biosphere, but also his
interactions with his natural and man-made surroundings.
• According to encyclopedia Britannica, the term
“Environment” means the entire range of external influences
acting on an organism , both the physical and biological and
other organism, i.e., forces of nature surrounding an
individual.
Definition of Environment Under the U.K. Environment
Protection Act,
As per Section 1(2) of the Environment Protection Act, 1990
“Environment” consists of all or any of the following media,
namely, Air, Water and Land: and the medium of air includes
the air within the building and the air within other natural or
man-made structures above or below ground.
Definition of Environment Under the Indian Environment
(Protection) Act, 1986
• According to Section 2(a) of the Indian Environment
(Protection ) Act, 1986, the term “Environment” includes
“water, air and land, and human beings, other living creatures,
plants, micro-organisms and property”.
TYPES OF ENVIRONMENT
• 1. Natural Environment and 2. Man-made Environment.
Natural Environment: It has a self-regulating mechanisms. It
is also called as homeostatic environment mechanism. Under
this type and change in the system caused due to natural
processing is counter balanced by the changes in the other
components of the environment.
• Man-made Environment: It is an environment created by man
for his own development, such as industrial development,
communication, media, such as telephone, telex, fax, satellite,
computers, agricultural implements, machines and
equipments, energy sources, such as, nuclear and atomic
energy, hydro and thermal energy, dams, parks, zoos,
sanctuaries, monuments building etc.
ENVIRONMENTAL POLLUTION, MEANING, NATURE AND SCOPE
• Before understanding what is “Environmental Pollution” it is
equally necessary to know that is “Pollution”.
• The Royal Commission on Environmental Pollution in U.K. in
its Third Report gave the following definition to the term
“Pollution”, namely:• “The introduction by man into the environment of substances
or energy liable to cause hazards to human health, harm to
living resources and ecological systems, damage to structure
or amenity or interference with legitimate uses of the
environment”.
• According to Section 1(3) of the U.K. Environment Protection
Act, 1990 the term “Pollution” means:
“The release (into any environmental medium) from any
process of substances which are capable of causing harm to
man or any other living organisms supported by the
environment”.
• Pollution occurs when there is the potential for harm. Harm
of man is not confined to physical injury but encompasses
offence caused to any of his senses or harm to his property,
therefore smell and noise which may not cause injury can
constitute pollution. Harm to living organisms can include
harm to their health or interference with the ecological
systems of which they form a part”.
SOURCES OF ENVIRONMENTAL POLLUTION
• There are various sources/factors causing Environmental
Pollution. The main sources are explained below:
• Natural Causes: Pollution caused by the natural hazards viz.,
cyclones, floods, earthquakes etc. is called “Natural Pollution
or Pollution by natural causes”.
• Artificial Causes: Pollution caused by artificial causes viz.,
intervention of human agency is called ‘Artificial Pollution or
Pollution by Artificial Causes”. They are two, namely:
• (i) Population Growth and (ii) Industrialization
• Population Growth: Population explosion is a serious threat
to the developing countries like India. Today, population is
growing by leaps and bounds.
• The world’s population rose to 7 billion (700 crores) as on
2014. Population explosion and rising standard of living
increase the discharge of waste products, street filth, insects.
Increasing population demands additional requirement of
food products, goods and commodities.
• To meet the increasing demand, production on scientific lines,
despite adverse effect on environment is incompatible.
• Further, urbanization as faster rate increases density of
population and accumulation of domestic and industrial
wastes in drainages. Almost all rivers in India including Ganga
or polluted as a consequence of over population.
• In thickly population cities like Delhi, the serious problem is
air-pollution and deficit of oxygen in theair.
• Industrialization: The main source of environmental pollution
is rapid growth of industrialization. Industries release noxious
and hazardous gases into the atmosphere. When dust and
smoke in the atmosphere combine with water vapours, it
forms as “Smog’, which is very dangerous.
• As a consequence of the smog in the year 4000 persons died
in London,U.K. and 8000 persons in Tokyo, Japan suffered
from ear, nose and throat problems.
• In Bhopal Gas tragedy, poisonous gas (Methylisocynate gas)
released from the Union Carbide Corporation Ltd. On the
night of 3 and 4 December 1984 claimed thousands of lives.
• The Bhopal Gas Leak was described as the World’s Great Gas
Disaster.
• Rapid growth of Industrialization results in ozone depletion,
acid rains, atmospheric turbidity etc.
• Literature indicates that industries, more so the chemical
industries are the major pollutants of the environment.
Enormous quantities of industrial wastes and effluents which
are being discharged by the industries will not only pollute the
soil, water, air and the environment, but also increase the
content of Carbondioxide in the atmosphere thereby resulting
in abnormal global warming being intensified through the
greenhouse effects, release of chlorofluoro carbons in the
atmosphere.
• Urbanization: Urbanization is a state of things connoting an
increase in the concentration of human population in a given
area where industries are generally established. Urabnization
result in increasing pollution of water and air.
SOURCES OF ENVIRONMENTAL LAW
• The Sources of Environmental Law consist of International and
National sources.
• The International Sources include,
• International Customs,
• UN and Other Treaties,
• Conventions,
• Awards,
• Declarations under various Conferences,
• Protocols
• At the National level, sources include Constitutional Law,
Statutory Laws and Rules made there under, judicial
pronouncements, Government policies and programmes
relating to environmental pollution control, protection of
environment, public health, industrial safety, economic
development, executive instructions, Codes of Practice,
Reports of Experts, Guidelines of the Enforcement Authority
etc. are some of the important sources of Environmental Law.
SOURCES OF LAW
• Particular contexts dictate reactions to environmental threats.
Therefore, before understanding the possible reactions to
environmental harm, you must understand our legal system.
The first step in this process is understanding the origins of
our laws.
• Three articles of the U.S. Constitution create a federal
government composed of three major branches:
• The Legislative Branch primarily creates Laws,
• The Executive Branch primarily enforces the Laws and the
• Judicial Branch primarily interprets laws.
• While performing their major functions as described in the
relevant articles (I, II and II of the U.S. Constitution).
• The Executive and Judicial branches also create laws.
• Administrative agencies are the fourth source of law.
The Legislative Branch as a Source of Statutory Law
• All legislative powers herein granted shall be vested in a
Congress of the United States which shall consist of a House
and Senate.
• It is important to understand the process by which Congress
makes a law (called statute) because Congress creates most
environmental laws.
• If you wish to change environmental laws, you must
understand how to work through the legislative process.
The Judicial Branch as a Source of Case Law
• The federal courts and most state courts constitute the
judicial branch of the government and are charged by their
respective constitutions with interpreting the U.S.
Constitution and statutes on a case-by-case basis.
• Most cases interpreting these laws are reported in large
volumes called Reporters, which are compilations of Federal
and State Case Laws.
• When two parties disagree about the meaning
of a statute , they bring their case to the
courts for interpretation.
• For example, if a Bill to provide solar energy
subsidies was signed by the President and
became law, two parties might still disagree
about its meaning and ask the federal courts
to interpret it.
The Executive Branch as a Source of Law
• The Executive branch includes the President, the President’s
Staff and the Cabinet. The heads of all Executive Departments
e.g., The Secretary of State, the Secretary of Labour and the
Secretary of the Treasury make up the Cabinet.
• The Executive branch is influential in the rule-making
processes of both the Legislature and the administrative
agencies.
TREATY MAKING
• The President has the power, subject to the advice and
consent of the Senate to make treaties. Once the President
has entered into a treaty, and it has been ratified by Congress,
a treaty becomes the law of the land and based on the
supremacy clause of the Constitution.
• Treaty making is one of the few ways that the United States
can influence the environmental policies of other nations.
EXECUTIVE ORDERS
• Throughout history, the President has made laws by issuing
executive orders. For example, President Reagan, by virtue of
an executive order, ruled that all executive federal agencies
must do a cost-benefit-analysis before setting forth a
regulation for comment by interested parties.
Administrative Agencies as a Source of Law
• Less well known as a source of law are the federal regulatory
agencies, among them the Environmental Protection Agency
and the Occupational Safety and health Administration.
• Congress has delegated to these agencies the authority to
make rules governing the conduct of business and labour in
certain areas.
• This authority was delegated because it was thought to be in
accordance with public interest, convenience and necessity.
CLASSIFICATIONS OF LAW
• Laws are classified as either case or statutory laws, depending
on how they are made. Judges make case laws; legislators
make statutory laws. We find case law in case reporters and
statutory laws in codes.
• Even though this distinction is frequently made, it is important
to remember that the two types of law are entwined through
the process of statutory interpretation.
PUBLIC AND PRIVATE LAW
• Another classification may be helpful in your study of
Environmental Law – the distinction between Public Law and
Private Law.
• Public laws are those set up to provide for the public welfare;
they are generally applied by administrative agencies. These
laws usually regulate classes of people or organizations.
• Environmental Laws are considered Public Law.
• Other branches of Public Law includes, Constitutional Law,
Criminal Law and Administration Law.
ENVIRONMENTAL CRIMINAL PROSECUTIONS
• Our primary concern with criminal law lies in the fact that
violations of many environmental statutes constitute criminal
offences.
• Aw we examine specific environmental statutes, note that the
same act often gives rise to both criminal and civil penalties.
• Criminal penalties are often imposed when an act is
considered a willful or knowing violation. The most publicized
trend in criminal actions today is the increasing use of
imprisonment of corporate violators, including those who
violate criminal provisions of environmental laws.
• TO BE CONTINUED