environmental ethics and law

8/2/2019 Environmental Ethics and Law

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Environmental Ethics and Law

A Project Report

By

Rakshit Joshi (500011995)

Of

Ba,Llb Section b

At

University of Petroleum & Energy Studies

Dehradun

February 2012


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Contents

Meaning of Ethics

Environmental Ethics

Environmental Law

Environmental Law in India

Environmental Problems

Translating Law into Ethics

Conclusion


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Meaning of Ethics

Ethics comprehends the discourse of right and wrong, just and unjust, duties

and rights, the morally preferable and the morally prohibited. In establishing international

norms, such as those in international environmental law, one might turn to ethics for three

reasons. First, as an individual (or government) engaged in the process of moral reasoning, one

might be seeking guidance in identifying the morally ideal choice among the available policy

alternatives: which option ought to be brought about? Second, one might employ ethics to

persuade others to endorse the same choice. Here, where ethics is employed a discursive

strategy, the arguer may find herself arguing from the others principles, rather than the arguers

own. One who personally reaches vegetarianism from an animal rights perspective may seek to

persuade others through utilitarian appeals, such as that rejecting meat is a means to feed more of

the worlds people. The third use of ethics would be to justify imposing a law or policy on others

who remained unpersuaded

Efforts to mend the global environment implicate these ethical quandaries in

three ways. First, there are issues of human obligations to the non-human environment

(environmental ethics proper). Second there are issues of ethics among nations in respect of

the environment (inter-national ethics). Third, there are issues of ethics among generations in

respect of the environment (inter-generational ethics).

Environmental Ethics

Environmental ethics is the part ofenvironmental philosophy which considers extending the

traditional boundaries of ethics from solely including humans to including the non-human world.

It exerts influence on a large range of disciplines

including law, sociology, theology,economics, ecology and geography.

There are many ethical decisions that human beings make with respect to the environment. For

example:
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Should we continue to clear cut forests for the sake of human consumption?

Should we continue to propagate?

Should we continue to make gasoline powered vehicles?

What environmental obligations do we need to keep for future generations?

Is it right for humans to knowingly cause the extinction of a species for the convenienceof humanity?

The academic field of environmental ethics grew up in response to the work of scientists such

as Rachel Carson and events such as the first Earth Day in 1970, when environmentalists started

urging philosophers to consider the philosophical aspects of environmental problems. Two

papers published in Science had a crucial impact: Lynn White's "The Historical Roots of our

Ecologic Crisis" (March 1967) and Garrett Hardin's "The Tragedy of the Commons" (December

1968). Also influential was Garett Hardin's later essay called "Exploring New Ethics for

Survival", as well as an essay by Aldo Leopold in his A Sand County Almanac, called "The

Land Ethic," in which Leopold explicitly claimed that the roots of the ecological crisis werephilosophical (1949).

The first international academic journals in this field emerged from North America in the late

1970s and early 1980s the US-based journalEnvironmental Ethics in 1979 and the Canadian

based journal The Trumpeter: Journal of Ecosophy in 1983. The first British based journal of this

kind, Environmental Values, was launched in 1992.

We are cutting down forests for making our homes. We are continuing with an excessive

consumption of natural resources. Their excessive use is resulting in their depletion, risking the

life of our future generations. Is this ethical? This is the issue that environmental ethics takes up.

Scientists like Rachel Carson and the environmentalists who led philosophers to consider the

philosophical aspect of environmental problems, pioneered in the development of environmental

ethics as a branch of environmental philosophy.

The Earth Day celebration of 1970 was also one of the factors, which led to the development of

environmental ethics as a separate field of study. This field received impetus when it was first

discussed in the academic journals in North America and Canada. Around the same time, this

field also emerged in Australia and Norway. Today, environmental ethics is one of the major

concerns of mankind.

When industrial processes lead to destruction of resources, is it not the industry's responsibility

to restore the depleted resources? Moreover, can a restored environment make up for the

originally natural one? Mining processes hamper the ecology of certain areas; they may result in

the disruption of plant and animal life in those areas. Slash and burn techniques are used for

clearing the land for agriculture.
http://en.wikipedia.org/wiki/Clear_cuthttp://en.wikipedia.org/wiki/Internal_combustion_enginehttp://en.wikipedia.org/wiki/Extinctionhttp://en.wikipedia.org/wiki/Rachel_Carsonhttp://en.wikipedia.org/wiki/Earth_Dayhttp://en.wikipedia.org/wiki/Lynn_Whitehttp://en.wikipedia.org/wiki/Garrett_Hardinhttp://en.wikipedia.org/wiki/Aldo_Leopoldhttp://en.wikipedia.org/wiki/A_Sand_County_Almanachttp://en.wikipedia.org/wiki/Environmental_Ethics_(journal)http://en.wikipedia.org/w/index.php?title=The_Trumpeter:_Journal_of_Ecosophy&action=edit&redlink=1http://en.wikipedia.org/wiki/Environmental_Valueshttp://en.wikipedia.org/wiki/Environmental_Valueshttp://en.wikipedia.org/w/index.php?title=The_Trumpeter:_Journal_of_Ecosophy&action=edit&redlink=1http://en.wikipedia.org/wiki/Environmental_Ethics_(journal)http://en.wikipedia.org/wiki/A_Sand_County_Almanachttp://en.wikipedia.org/wiki/Aldo_Leopoldhttp://en.wikipedia.org/wiki/Garrett_Hardinhttp://en.wikipedia.org/wiki/Lynn_Whitehttp://en.wikipedia.org/wiki/Earth_Dayhttp://en.wikipedia.org/wiki/Rachel_Carsonhttp://en.wikipedia.org/wiki/Extinctionhttp://en.wikipedia.org/wiki/Internal_combustion_enginehttp://en.wikipedia.org/wiki/Clear_cut


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Most of the human activities lead to environmental pollution. The overly increasing human

population is increasing the human demand for resources like food and shelter. As the population

is exceeding the carrying capacity of our planet, natural environment are being used for human

habitation.

Thus human beings are disturbing the balance in the nature. The harm we, as human beings, are

causing to the nature, is coming back to us by resulting in a polluted environment. The depletion

of natural resources is endangering our future generations. The imbalance in nature that we have

caused is going to disrupt our life as well. But environmental ethics brings about the fact that all

the life forms on Earth have a right to live. By destroying the nature, we are depriving these life

forms of their right to live. We are going against the true ethical and moral values by disturbing

the balance in nature. We are being unethical in treating the plant and animal life forms, which

coexist in society.

Human beings have certain duties towards their fellow beings. On similar lines, we have a set ofduties towards our environment. Environmental ethics says that we should base our behavior on

a set of ethical values that guide our approach towards the other living beings in nature.

Environmental ethics is about including the rights of non-human animals in our ethical and moral

values. Even if the human race is considered the primary concern of society, animals and plants

are in no way less important. They have a right to get their fair share of existence.

We, the human beings, along with the other forms of life make up our society. We all are a part

of the food chain and thus closely associated with each other. We, together form our

environment. The conservation of natural resources is not only the need of the day but also ourprime duty.

Environmental Law

Environmental law is a complex and interlocking body of treaties, conventions, statutes,

regulations, and common law that operates to regulate the interaction of humanity and the daily

life we live right now.

The topic may be divided into two major subjects: (1) pollution control and remediation,(2)

resource conservation and management. Laws dealing with pollution are often media-limited -

i.e., pertain only to a single environmental medium, such as air, water (whether surface water,

groundwater or oceans), soil, etc. - and control both emissions of pollutants into the medium, as

well as liability for exceeding permitted emissions and responsibility for cleanup. Laws

regarding resource conservation and management generally focus on a single resource -
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e.g.,natural resources such as forests, mineral deposits or animal species, or more intangible

resources such as especially scenic areas or sites of high archeological value - and provide

guidelines for and limitations on the conservation, disturbance and use of those resources. These

areas are not mutually exclusive - for example, laws governing water pollution in lakes and

rivers may also conserve the recreational value of such water bodies. Furthermore, many laws

that are not exclusively "environmental" nonetheless include significant environmental

components and integrate environmental policy decisions. Municipal, state and national laws

regarding development, land use and infrastructure are examples.

Environmental law draws from and is influenced by principles ofenvironmentalism,

includingecology, conservation, stewardship, responsibility and sustainability. Pollution control

laws generally are intended (often with varying degrees of emphasis) to protect and preserve

both the natural environment and human health. Resource conservation and management laws

generally balance (again, often with varying degrees of emphasis) the benefits of preservation

and economic exploitation of resources. From an economic perspective environmental laws may

be understood as concerned with the prevention of present and future externalities, and

preservation ofcommon resources from individual exhaustion. The limitations and expenses that

such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of

environmental protection, have generated and continue to generate significant controversy.

Given the broad scope of environmental law, no fully definitive list of environmental laws is

possible. The following discussion and resources give an indication of the breadth of law that

falls within the "environmental" metric.

International

Pollution does not respect political boundaries, making international law an important aspect of

environmental law. Numerous legally binding international agreements now encompass a wide

variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and

biodiversity protection.

While the bodies that proposed, argued, agreed upon and ultimately adopted existing

international agreements vary according to each agreement, certain conferences - including

1972's United Nations Conference on the Human Environment, 1983's World Commission on

Environment and Development, 1992's United Nations Conference on Environment and

Development and 2002's World Summit on Sustainable Development have been particularlyimportant.

Organizing principles

International environmental law's development has included the statement and adoption of a

number of important guiding principles. As with all international law, international

environmental law brings up questions ofsovereignty, legal reciprocity ("comity") and even

perhaps theGolden Rule. Other guiding principles include the polluter pays principle,
http://en.wikipedia.org/wiki/Natural_resourceshttp://en.wikipedia.org/wiki/Foresthttp://en.wikipedia.org/wiki/Orehttp://en.wikipedia.org/wiki/Land_usehttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Environmentalismhttp://en.wikipedia.org/wiki/Ecologyhttp://en.wikipedia.org/wiki/Conservation_movementhttp://en.wikipedia.org/wiki/Stewardshiphttp://en.wikipedia.org/wiki/Social_responsibilityhttp://en.wikipedia.org/wiki/Sustainabilityhttp://en.wikipedia.org/wiki/Externalitieshttp://en.wikipedia.org/wiki/Tragedy_of_the_commonshttp://en.wikipedia.org/wiki/International_lawhttp://en.wikipedia.org/wiki/List_of_international_environmental_agreementshttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://en.wikipedia.org/wiki/Brundtland_Commissionhttp://en.wikipedia.org/wiki/Brundtland_Commissionhttp://en.wikipedia.org/wiki/Earth_Summit_(1992)http://en.wikipedia.org/wiki/Earth_Summit_(1992)http://en.wikipedia.org/wiki/Earth_Summit_2002http://en.wikipedia.org/wiki/Sovereigntyhttp://en.wikipedia.org/wiki/Comityhttp://en.wikipedia.org/wiki/Golden_Rule_(ethics)http://en.wikipedia.org/wiki/Polluter_pays_principlehttp://en.wikipedia.org/wiki/Polluter_pays_principlehttp://en.wikipedia.org/wiki/Golden_Rule_(ethics)http://en.wikipedia.org/wiki/Comityhttp://en.wikipedia.org/wiki/Sovereigntyhttp://en.wikipedia.org/wiki/Earth_Summit_2002http://en.wikipedia.org/wiki/Earth_Summit_(1992)http://en.wikipedia.org/wiki/Earth_Summit_(1992)http://en.wikipedia.org/wiki/Brundtland_Commissionhttp://en.wikipedia.org/wiki/Brundtland_Commissionhttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://en.wikipedia.org/wiki/List_of_international_environmental_agreementshttp://en.wikipedia.org/wiki/International_lawhttp://en.wikipedia.org/wiki/Tragedy_of_the_commonshttp://en.wikipedia.org/wiki/Externalitieshttp://en.wikipedia.org/wiki/Sustainabilityhttp://en.wikipedia.org/wiki/Social_responsibilityhttp://en.wikipedia.org/wiki/Stewardshiphttp://en.wikipedia.org/wiki/Conservation_movementhttp://en.wikipedia.org/wiki/Ecologyhttp://en.wikipedia.org/wiki/Environmentalismhttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Land_usehttp://en.wikipedia.org/wiki/Orehttp://en.wikipedia.org/wiki/Foresthttp://en.wikipedia.org/wiki/Natural_resources


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the precautionary principle, the principle ofsustainable development, environmental procedural

rights, common but differentiated responsibilities, intragenerational and intergenerational equity,

"common concern of humankind", and common heritage.

Sources

Treaties, protocols, conventions, etc.

International environmental agreements are generally multilateral (or

sometimes bilateral) treaties (a.k.a. convention, agreement, protocol, etc.). The majority of such

conventions deal directly with specific environmental issues. There are also some general treaties

with one or two clauses referring to environmental issues but these are rarer. There are about

1000 environmental law treaties in existence today; no other area of law has generated such a

large body of conventions on a specific topic.

Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of

international law but are especially useful in the environmental field, where they may be used to

regularly incorporate recent scientific knowledge. They also permit countries to reach agreement

on a framework that would be contentious if every detail were to be agreed upon in advance. The

most widely known protocol in international environmental law is the Kyoto Protocol, which

followed from the United Nations Framework Convention on Climate Change.

Customary international law

Customary international law is an important source of international environmental law. These are

the norms and rules that countries follow as a matter of custom and they are so prevalent that

they bind all states in the world. When a principle becomes customary law is not clear cut and

many arguments are put forward by states not wishing to be bound. Examples of customary

international law relevant to the environment include the duty to warn other states promptly

about icons of an environmental nature and environmental damages to which another state or

states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighbourliness' or

sic utere).

Judicial decisions

International environmental law also includes the opinions of international courts and tribunals.

While there are few and they have limited authority, the decisions carry much weight with legal

commentators and are quite influential on the development of international environmental law.

One of the biggest challenges in international decisions is to determine an adequate

compensation for environmental damages.[1]

The courts include: the International Court of Justice (ICJ); the international Tribunal for the

Law of the Sea (ITLOS); the European Court of Justice; European Court of Human Rights[2]and

other regional treaty tribunals. Arguably the World Trade Organisation's Dispute Settlement

Board (DSB) is getting a say on environmental law also.
http://en.wikipedia.org/wiki/Precautionary_principlehttp://en.wikipedia.org/wiki/Sustainable_developmenthttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Intergenerational_equityhttp://en.wikipedia.org/wiki/Convention_on_Biological_Diversityhttp://en.wikipedia.org/wiki/Common_heritage_of_mankindhttp://en.wikipedia.org/wiki/List_of_international_environmental_agreementshttp://en.wikipedia.org/wiki/Multilateral_treatyhttp://en.wikipedia.org/wiki/Bilateral_treatyhttp://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Treaty#Protocolshttp://en.wikipedia.org/wiki/Kyoto_Protocolhttp://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Changehttp://en.wikipedia.org/wiki/Customary_international_lawhttp://en.wikipedia.org/wiki/Environmental_law#cite_note-0http://en.wikipedia.org/wiki/Environmental_law#cite_note-0http://en.wikipedia.org/wiki/Environmental_law#cite_note-0http://en.wikipedia.org/wiki/International_Court_of_Justicehttp://en.wikipedia.org/wiki/European_Court_of_Justicehttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/World_Trade_Organisationhttp://en.wikipedia.org/wiki/World_Trade_Organisationhttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Justicehttp://en.wikipedia.org/wiki/International_Court_of_Justicehttp://en.wikipedia.org/wiki/Environmental_law#cite_note-0http://en.wikipedia.org/wiki/Customary_international_lawhttp://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Changehttp://en.wikipedia.org/wiki/Kyoto_Protocolhttp://en.wikipedia.org/wiki/Treaty#Protocolshttp://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Bilateral_treatyhttp://en.wikipedia.org/wiki/Multilateral_treatyhttp://en.wikipedia.org/wiki/List_of_international_environmental_agreementshttp://en.wikipedia.org/wiki/Common_heritage_of_mankindhttp://en.wikipedia.org/wiki/Convention_on_Biological_Diversityhttp://en.wikipedia.org/wiki/Intergenerational_equityhttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Procedural_lawhttp://en.wikipedia.org/wiki/Sustainable_developmenthttp://en.wikipedia.org/wiki/Precautionary_principle


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Environmental Law in India

In the Constitution of India it is clearly stated that it is the duty of the state to protect andimprove the environment and to safeguard the forests and wildlife of the country. It imposes a

duty on every citizen to protect and improve the natural environment including forests, lakes,

rivers, and wildlife. Reference to the environment has also been made in the Directive Principles

of State Policy as well as the Fundamental Rights. The Department of Environment was

established in India in 1980 to ensure a healthy environment for the country. This later became

the Ministry of Environment and Forests in 1985.

The constitutional provisions are backed by a number of laws acts, rules, and notifications. The

EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and

is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a largenumber of laws came into existence as the problems began arising, for example, Handling and

Management of Hazardous Waste Rules in 1989.

Environmental Problems

Today the Earth's environment is in a sorry state. Wherever one looks, one encounters pollution.

Forests are disappearing. The green patches in the city are being replaced by concrete buildings.

Waste products are being dumped indiscriminately. Water is too toxic to drink. The air is unfit to

breathe. Global warming has become a menacing issue. There is a question mark over the

survival of life on the Earth. The human race is at the brink of a self-created disaster. Truly there

is a surfeit of environmental problems today.

This article aims to acquaint you with as many environmental problems and issues as possible.

For ease of understanding, the different problems have been divided into four main categories.

You may jump to the category of your interest.

List of environmental problems

Air-related Environmental Problems

Water-related Environmental Problems

Land-related Environmental Problems

Other Environmental Problems
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Air-related Environmental Problems

Greenhouse Effect

Any gas in the atmosphere that absorbs and emits radiations in the thermal infrared range is

called a greenhouse gas. The greenhouse effect is a process by which thermal radiation from a

planetary surface is absorbed by atmospheric greenhouse gases, and is re-radiated in all

directions. This process repeats over and over again, trapping the radiations in the atmosphere.

This is one of the major causes of global warming (discussed elsewhere in the article).

Consequence: Global warming is causing the Earth to lose its snow cover; glaciers are melting,

the sea-level is rising, and a lot of arctic floral and faunal species are on the verge of extinction.

Ozone Depletion

The ozone envelope around the Earth is depleting in volume consistently since 1980s. This is

largely due to the effect of halocarbon refrigerants (such as CFC, halons, freons, etc.).Halocarbons (being lighter than other gases in the atmosphere) rise much higher in the

atmosphere. They then photodissociate to give atomic halogens. These atoms catalyze the

destruction of the ozone gas.

Consequence: Depletion of the ozone can practically threaten human life, and life of other

animals as well. The ozone layer protects us from UV rays of the sun; without the ozone layer,

everyone would be susceptible to a number of skin diseases, including skin cancer.

Air Quality

The quality of air we breathe is worsening day-by-day. This includes the quality of air outside

the house (outdoor air quality) as well as indoor air quality. In fact, indoor air quality has beendesignated as one of the worst environmental issues, especially in the urban areas. Government

agencies usually set the values of different gases and components in the air at certain levels

which are fit for life; these values are called Air Quality Indices (AQI). They help monitor air

quality. Primary reason for the worsening of air quality is air pollution (discussed below).

Stagnant air (due to lack of winds, due to temperature inversion, etc.) is another important cause.

Consequence: Poor air quality can hamper children and old people from performing daily

activities, or even stepping out of the house. Poor air quality also leaves you feeling tired and

fatigued all day long, irrespective of the diet you follow or the amount of sleep you have.

Air Pollution

Air pollution is probably one of the most dangerous anthropogenic effect on the environment;

since we cannot control the air we breathe (though we may be able to control the quality of

drinking water, food, etc.). Vehicular traffic, smog created by the smoke emitted by vehicles and

factories, aerosols arising SPM (suspended particulate matter), VOCs (volatile organic

compounds) present primarily in paints and varnishes and refrigerants, all contribute to air

pollution.


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Consequence: Air pollution affects everything; it affects plants, animals and humans. According

to WHO, poor indoor air quality can lead to respiratory infections, coronary diseases, and even

lung cancer. If all this is happening indoors, imagine what is happening outside.

Water-related Environmental Problems

Acid Rain

Gases like carbon dioxide, nitrogen oxide, sulfur dioxide can react with water to produce

corresponding acids. When this happens in the atmosphere, we get rain that is of acidic (or low)

pH. The gases mentioned above are released into the atmosphere by certain natural processes

like lightning, volcanoes, etc. However, the amount of these gases released due to factories,

vehicles and different industries surpasses that produced naturally. It goes beyond a level that

can be tolerated by nature.

Consequence: Acid rains cause stone, rocks, steel, metal to erode and paint to peel off. This

means monuments, statues, bridges, buildings, all are at a risk. Going at the current rate, there

may come a time when children won't be able to play in the rain because it scars their skin!

Wastewater

One cannot really control or stop wastewater from being generated. However, due to

anthropogenic effects of human development, the components of wastewater are changing every

year, so that more materials that cannot be gotten rid of are being added to wastewater and,ultimately, to water in general. If the amount of these substances goes on increasing, they will

accumulate in the food chain.

Consequence: Wastewater management, if not managed effectively, is going to eventually affect

all kinds of life form. Eutrophication (discussed below) is a grave consequence of inefficient and

/ or inadequate treatment of wastewater.

Urban Run-off

Urban run-off refers to the rainwater running off land and into water bodies. This is a natural

process. However, with ever-increasing urbanization, this process affects water bodies adversely,

because the run-off now carries all sorts of compounds, chemicals and particulate matter. In the

presence of trees and sufficient vegetation, only about 10% of the total amount of rain runs off

into water bodies. However, this amount has been increased almost 5 times!

Consequence: Urban run-off causes deposition of oil, gasoline, garbage, heavy metals (nickel,

copper, lead, zinc etc.), fertilizers and pesticides (from gardens and lawns), synthetic organic

compounds, etc.; all of which ultimately enters the food chain and causes number of health

complications. Urban run-off also partially contributes to eutrophication.


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Eutrophication

Eutrophication, in layman's terms, means excessive growth of phytoplankton in a water body.

Almost all natural water bodies (unless intentionally protected), are subject to water pollution;

this adds a number of 'substrates' such as phosphates, nitrates, sewage, etc. to the water. All these

substances boost the growth of plants (especially fast-growing plants) to such an extent that it

completely depletes the water body of oxygen and other nutrients.

Consequence: Algal bloom is one of the effects of eutrophication. Depletion of oxygen (or

hypoxia) can lead to death of many fish species and other forms of aquatic life. On the other

hand, it may lead to increase in number of undesirable aquatic species, thus completely throwing

the balance of nature off.

Water Crisis

When the amount of water present in a region is unable to meet the demand of all life present in

that region, the situation is called a water crisis. Scarcity of usable water is the main reason forwater crisis. This scarcity has arisen due to a number of things, including wastage of water,

deforestation, urbanization, etc.

Consequence: Water-borne diseases are the leading cause for deaths worldwide. More than 9

million people all over the world do not have access to potable water. Sudan and Venezuela top

the list of regions with the most number of people facing a water crisis. Water is life. No water,

no life.

Marine Pollution and Acidification

Marine pollution is a more of a consequence than an issue in itself; the different contributing

factors being inefficient and / or inadequate wastewater treatment, urban run-off, eutrophication,etc. Apart from this, solid materials, especially plastic, create a huge nuisance. Marine

acidification, on the other hand, refers to the effect of anthropogenic carbon dioxide on the pH of

the oceans.

Consequence: The last thing we want is for the oceans to be polluted. Ponds, lakes, wells, rivers,

can still be controlled; however oceans, once irreversibly polluted, will spell doom for all life on

Earth.

Land-related Environmental Problems

The main culprit for many environmental issues is the fact that we do not realize how little things

add up to create one huge problem. We always think - "We have so much water, we have so

much land, we couldn't possibly run out of it, the Earth is HUGE!"But there is a difference

between ocean water and usable water; between any land and usable land. The amount of usable


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land we have at our disposal is decreasing day by day. There are a number of purposes for which

we use land, and a number of places we err in.

Problems arising from Inefficient Land Use

Too much of a thing, and you are bound to waste some of it. Inefficient land use is the leading

land-related environmental issue. Three major issues come under inefficient land use: urban

sprawl, habitat fragmentation and habitat destruction.

1. Urban sprawl is the tendency of cities and suburbs to spread outward and encroach the

outskirts. The biggest cause of this is the fact that we do not use the land we have efficiently. On

the other hand, the most serious consequence of urban sprawl is rise in auto-dependent

development, which makes car-dependency mandatory, leading to more fuel consumption, more

air pollution and a number of other things. Another consequence is on the overall health of the

human population - longer daily commuting distances means more traveling time, less

productivity at work, duller social life, less social interaction (because everybody is just busy

going back and forth!), strained relationships, even psychological effects maybe seen.

2. Habitat fragmentation is when anthropogenic actions cause land to be divided into areas such

that it fragments the habitat of an organism. To put it in simple terms, when urbanization

encroaches upon forests, wild animals experience habitat fragmentation. We have other places to

go to if we fall short of land. However, in our bid to create more space for ourselves, we are

taking away from the habitat of wild animals, and they have nowhere else to go. Habitat

fragmentation has caused many species to pose on the brink of extinction. Native vegetation is

done away with to make space for agriculture and dwelling. In the process, however, many plant

species are facing extinction. Not to mention, clearing of forests (or deforestation) has its ownmultitude consequences.

3. Habitat destruction goes more or less hand-in-hand with habitat fragmentation; it could be

called the ultimate effect of excessive habitat fragmentation. The greatest causes of habitat

destruction is clearing land for agriculture. Land conversion is a heinous moral crime that many

of us are not even aware of! Biodiversity once lost can never be replaced. This might sound too

mellow, but one species lost means the food chain becomes a little more unstable. Simple

example: if we lost snakes, rats and mice would create a havoc! Take it further, and rats and mice

may become the next invasive species!

Problems arising from Land Pollution and DegradationThough mammoth tasks will have to be undertaken, inefficient land use is still something we can

correct. However, spoil a piece of land beyond which it can be restored, and we have lost a

prospective school, hospital, or church, forever.

1. Desertification is when an ordinary piece of land is converted into a desert. To me, it is one of


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the most scariest prospects of human development; to convert a beautiful garden, a park, a forest

into a desert! Did you know that more than 2 billion people actually live in dryland regions? To

add to this is the fact that dryland occupy more than 40% of the Earth; AND that we are adding

to it through our actions. One of the most intense examples of desertification is that of Lake

Chad, Nigeria - the lake has shrunk so much that more than 95% of it is lost!

2. Land pollution is primarily caused due to inefficient and / or inadequate waste disposal,

increased mechanization and excessive use of chemical fertilizers, pesticides etc. in gardens and

farms. All of these causes have their own set of unique effects; put them all together, and we are

practically scourging our own land with our own hands! Land fill and litter is like shoving bad

food down your gullet because you cannot find a dustbin to get rid of it. Did that make you

squirm? Well, that is what we are doing to our Earth.

3. Soil pollution is a part of land pollution, but with even more serious consequences, in the form

of poor quality land for agriculture. Rainwater collects and deposits all land pollutants to water

bodies, so there is a two-fold entry of pollutants into our food. To add to this, not only do these

chemicals harm us, they show adverse effects on all living forms, in fact more so on wildanimals and plants. We can still find a way to make spoiled water potable; what about animals?

Translating Law into Ethics

In the three decades since the first Earth Day, weve moved from outrage over unacceptable

environmental impacts of otherwise legal activity to acceptance that a distinct body of law

addressing these impacts is necessary. This consensus and body of law reflect apparent

agreement to change the way we were doing business to account better for impacts on the

environment and human health in particular. There is little doubt that environmental laws reflectvalues. By adopting and implementing laws, we determine what is valued, what is good and

what is undesirable. A majority of the public consider themselves environmentalists and favor

stronger environmental laws, even at the cost of higher prices for themselves as consumers.

There are indications that the public believes environmental laws protect worthwhile values. A

critical question is what values are protected by our laws? Do we know? We characterize the

laws purposes and goals generally, but serious inquiry into the values protected by this body of

law is relatively rare. The assumption that we all know what the laws stand for, what values they

protect, is a common and comfortable one. If neither most of the public nor key decisionmakers

can articulate the ethical issues addressed and resolved by our laws, then neither can they knowwhether these laws are consistent with their ethics. This lack of knowledge is a serious

inadequacy that affects the future not just of environmental law but also of environmental

philosophy.

The public discourse about the environment and environmental laws today typically associates

the laws with an indistinct set of environmental values.


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Environmental law was developed in response to the public perception that human health and the

environment were inadequately protected. In consequence, too often an unspoken assumption

seems to be made that environmental law is a pure reflection of these values.

Debate about what we value and why is stifled by the assumption that we all know what

environmental laws protect and we all know why we care. However, the statutes, those most

visible icons of our law, often contain a confused jumble of values. Even in their hortatory

provisions that describe the statutes purpose, the statutes include a laundry list of values that

would be consistent with various possible justifications for caring about the stated values. The

confusion is only compounded by the layers of values and potentially compatible justifications

that emerge in regulations, policies and judicial decisions implementing and interpreting the

statutes. We need a better account of the values that are in fact protected by our laws. Scholars

of environmental law may instinctively accept the mixed bag of values embedded in our laws

and the weak ethical foundations as unsurprising, but we spend too little effort documenting theethical content of our laws what I call translating our law into the language of ethics. By

translating our law into ethics, I mean not just listing what factors are taken into account in a

balancing test under a particular statutory provision, but tracing through the statute, rules and

implementing decisions what values emerge, which dominate and which are incidental. And to

the extent it is possible, translating law into ethics means considering what justifications for

caring for those values are even arguably compatible with the law as implemented. To develop

such an account, more systematic analysis is needed to identify the values that are in fact

advanced by enforcement and implementation of this body of law.

To what extent does this body of law reflect a valuing of human health, of non-human species, offuture humans, of the land, water and air, and to what extent does this body of law reflect a

valuing of human autonomy conceived as freedom to engage in economic activity without

constraint. Identifying the values that our law is advancing may be essential to sound

development of both law and ethics. How can we accomplish this? It will take concerted and

collaborative work by legal scholars and philosophers. Clearly, our environmental laws promote

a valuing of the environment among other things. But a close look at statutes, rules, policies,

budgets and judicial decisions reveals that our environmental laws also embody a host of

competing values such as human autonomy, and liberty. To the extent the environment is

valued, why is the environment valued? Are decisions made under our laws consistent with any

ethical justification other than anthropocentric utilitarianism? And to the extent laws reflect

human utility the greatest good for the greatest number -- do the laws fully account for the

relevant values? Are our environmental laws merely nuisance laws framed in a regulatory

context to avoid the technical collective action problem of multiple plaintiffs and to eliminate the

need to prove individualized causation?


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For many reasons, the public associates our environmental laws with environmental values as

opposed to other human values. Most people assume these laws to be environmental in the

sense that they embody whatever environmental values we hold as a society, not just in the sense

that they deal with the environment as a topic. This is correct, in that these laws generally reflect

our strongest commitment to values that have a claim to being called environmental. But the

assumption also suggests that there are definable values associated with these statutes that are

captured by the muddy adjective environmental An initial effort to analyze Section 404 of the

Clean Water Act as implemented suggests that the values protected reflect predominantly a

human-centered ethic and one that reflects a utilitarian calculus designed to maximize human

good.

If one imagines a utilitarian calculus that incorporates the insights of ecology as perfectly as is

humanly possible, that is not the utilitarian calculus we are currently performing. What if this is

true broadly? What if the values protected by our environmental laws are human values that

differ only slightly from the values protected by the common law of nuisance but cloaked in the

appealing veil of environmentalism? If this is true, then the narrative told about environmental

law may be a dangerous one for several reasons. First, the account that we have strong

environmental laws may convince the public that we have acted adequately to protect their

environmental values (whatever these may be). Thus the only serious need for further

engagement is to ensure enforcement, or to address newly developed ways of harming these

values. Second, the easy equation of environmental laws and environmentalism discourages

serious public discourse about why we care about the environment, and thus discourages thought

by individuals about their values and reasons for caring. This may represent a significant

challenge that no one person or discipline can hope to remove from the path of environmental

law and philosophy. Work across disciplinary boundaries, fostered by symposia like this one,will be crucial. But a first step is to identify the challenge, to begin to address the problem by

developing a better account of what values we are pursuing through implementation of our

environmental laws. Given the significant interest among the public in environmental issues and

their self-identification as environmentalists, an account that shows our laws as protecting the

same values as non-environmental laws may force the public to confront the real challenges and

opportunities that environmental ethics and environmental law offer. Description of the ethics

we currently protect through our laws can provide landmarks from which to navigate as we move

forward.

Conclusion

An important challenge for those working at the intersection of environmental law and

philosophy is to identify the values we embrace today through our laws. Knowing the values we

are pursuing as a society is essential to any serious debate about reforming our law or our ethics.

A clearer sense of the values that dominate our laws and policies today may foster more serious


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thought about the values we want to protect and why. If environmental philosophy is to take

root, it must help people to move from the ethics of human-centered utilitarianism. Work to

develop concepts short of coherent environmental ethics may be an important step to promote

deeper thought about the ethical challenges environmental problems present. Sustainability is

one such concept that can frame and focus attention on key ethical questions. Even if

sustainability ultimately cannot bear the weighty task that I have outlined for it, the continued

search for concepts that can help to provide a bridge from the ethics we currently embrace to

whatever future we choose remains an important endeavor.

environmental ethics and law

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