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Genesis of Environmental Problem Worldwide: International Environmental Regulations

2.1 Introduction

Engineers in all disciplines practice a profession of those who must obey rules governing their professional conduct. One important set of rules that all engineers should be aware of is environmental statues, which are laws enacted by US Congress and governments of other countries around the world.

Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common, and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category but are nonetheless important components of environmental law.

The objective of this chapter is to provide an overview of history behind present environmental laws and regulations and environmental pollution in various countries and continents. Much of the materials presented in this chapter has been adopted from various sources that include the following: United States Code (USC); Code of Federal Regulations (CFR); United States Environmental Protection Agency (USEPA); United Nations Environmental Program (UNEP); Centre for International Environmental Law; Environmental Law Handbook by Sullivan and Adams (1997); Environmental Regulatory Calculations Handbook by Stander and Theodore (2008); Environmental Law by Upadhyay (2012); Environmental Law and Policy in India: Cases, Materials and Statues by Divan and Rosencranz (2002); Craig, Selected Environmental Law Statutes, West Academic Publishing Co. (2016); Lynch (1995); Google; and Wikipedia. Most of these sources can be found online.

Environmental law came into existence as a result of confrontation with the serious problems concerning environment, prior, during, and post Industrial Revolution. In response to environmental problems, laws seek to protect and promote environment. It is designed to prevent, control, and regulate environmental pollution.

Environmental protection and its preservation is today's concern of all. Present environmental conditions in many parts of the world clearly indicate that human activities on the Earth are interconnected. Today society's interaction with nature is so extensive that environment questions have assumed all proportions affecting humanity at large. Environmental destruction and pollution have seriously threatened human life, health, and livelihood. Thus, there has been a thrust on the protection of environment all across the world. If the quality of life is to be assured to present and future generations, they should be saved from the environmental failures. Nature's gifts to humanity in the form of flora and fauna have to be preserved in natural form. The proper balance of the world's eco system is in urgent need. The only answer to tackle this problem is sustainable development. The purpose of environmental law is to protect and preserve our water, air, Earth, and atmosphere from pollution. But the law alone cannot tackle the problem of pollution. There has to be awareness of the problem and sustained efforts are required to manage it.

The situation may be clarified by noting that with the development of science and technology and with ever‐increasing world population came tremendous changes in the human environment. Such changes upset the eco‐laws, shifted the balance between human life and the environment. In such a situation, it became necessary to regulate human behaviors and social transactions with new laws, designed to cope with the changing conditions and values. Accordingly, a new branch of law called environmental law, developed in order to face the myriad challenges of such system.

The need of environmental protection is a big issue and ranks high among people's priorities. Also the issue of environmental protection is big in terms of the size of the problems on hand and the measures required to solve them. Some of the major problems, for example, are population growth (Figure 2.1), global warming (Figure 2.2), depletion of ozone layer, acid rain, toxic waste, and deforestration.

Long‐term global population growth is difficult to predict. The United Nations and the U.S. Census Bureau both give different estimates – according to the UN, the world population reached about 7.31 billion in late 2015 (United Nations Secretariat 2015). Figure 2.1 shows a trend that the human population has been growing rapidly since the mid‐1800s, which goes hand in hand with the degradation of the environment's natural equilibrium.

Population increase over the last two decades, at least in the United States, has also been accompanied by a shift to an increase in urban areas from rural areas (Wallach 2005), which concentrates the demand for water into certain areas, and puts stress on the fresh water supply from industrial and human contaminants (Water 2011). Urbanization causes overcrowding and increasingly unsanitary living conditions, especially in developing countries, which in turn exposes an increasing number of people to disease. About 79% of the world's population is in developing countries, which lack access to sanitary water and sewer systems, giving rise to disease and deaths from contaminated water and increased numbers of disease‐carrying insects (Powell 2009).

Graph illustrating the world’s population growth over 100 years represented by an ascending solid curve.

Figure 2.1 World's population growth over 100 years.

Source: United Nations, Department of Economic and Social Affairs, Population Division (2017).

Figure 2.2 shows recent behavior of average global temperature anomaly (land and ocean combined). As can be seen in Figure 2.2, the bulk of the warming has occurred in two periods – from 1910 through 1940 and from 1980 to the present. Line plot of monthly mean global surface temperature anomaly, with the base period 1951–1980. The black line shows meteorological stations only; circles are the land–ocean temperature index, as described in Hansen et al. (2010). The land–ocean temperature index uses sea surface temperatures.

These problems are global issues which require an appropriate global response. The question of environmental protection is big issue in terms of the range of problems and issues, namely air pollution, water pollution, safe drinking water, pesticides, noise pollution, waste disposal, radio activity and waste, and conservation of forests and wild life. The list is exhaustive. Moreover, the issue in the field of environment is big in terms of the knowledge and skills required to understand a particular issue to be solved. Accordingly, it can be said that environmental issues range “from a local street corner to the stratosphere.” It is thus clear that the humanity faces overwhelming environmental problems. Law is invoked to protect humanity and our eco‐system by solving environmental problems as they strike directly at our most intimate links to the biosphere, which is a thin shell of life – only about five miles thick – covering the planet like the skin of an apple.

Graph of the Earth’s temperature that rise since industrialization over 100 years displaying 2 intersecting ascending curves with markers representing annual mean (square) and lowess smoothing (light shade).

Figure 2.2 Earth's temperature rise since industrialization over 100 years.

Source: http://data.giss.nasa.gov/gistemp.graphs.

The range of environmental protection has worldwide coverage and is not confined to an isolated area or nation. The problem of environment pollution is global and concerns all countries irrespective of their size, level of development, or ideology. Notwithstanding political division of the world into national units, oceanic world is an interconnected whole and winds that blow over the countries are also one. Environment is a universal phenomenon pervading the whole world at large. If the nuclear test is carried out in one part of the world, the fall out may be carried by winds to any other part of the world and such fall out of irresponsible disposal of use radioactivity from a remote energy planet in one country may turn out to have greater adverse effect on the neighboring countries than the danger of a full‐fledged war.

2.1.1 Environmental History

Environmental history is the study of human interaction with the natural world over time. In contrast to other historical disciplines, it emphasizes the active role nature plays in influencing human affairs. Environmental historians study how humans both shape their environment and are shaped by it.

Environmental history emerged in the United States out of the environmental movement of the 1960s and 1970s, and much of its impetus still stems from present‐day global environmental concerns (Chakrabarti 2006). The field was founded on conservation issues but has broadened in scope to include more general social and scientific history and may deal with cities, population, or sustainable development. As all history occurs in the natural world, environmental history tends to focus on particular time‐scales, geographic regions, or key themes. It is also a strongly multidisciplinary subject that draws widely on both the humanities and natural science.

The subject matter of environmental history can be divided into three main components (Chakrabarti 2007). The first, nature itself and its change over time, includes the physical impact of humans on the Earth's land, water, atmosphere, and biosphere. The second category, how humans use nature, includes the environmental consequences of increasing population, more effective technology, and changing patterns of production and consumption. Other key themes are the transition from nomadic hunter‐gatherer communities to settled agriculture in the Neolithic Revolution, the effects of colonial expansion and settlements, and the environmental and human consequences of the industrial and technological revolutions (Cronon 1995). Finally, environmental historians study how people think about nature – the way attitudes, beliefs, and values influence interaction with nature, especially in the form of myths, religion, and science.

2.2 Genesis of the Environmental Problem

Environmental problems have bedeviled humanity since the first person discovered fire. The earliest humans appear to have inhabited a variety of locales within a tropical and semitropical belt stretching from Ethiopia to southern Africa about 1.9 million years ago. These first humans provided for themselves by a combination of gathering food and hunting animals. Humans, for the majority of their two million years' existence, lived in this manner. The steady development and dispersion of these humans was largely due to an increase in brain size. This led to the ability to think abstractly, which was vital in the development of technology and ability to speak. This in turn led to cooperation and more elaborate social organization. The ability to use and communicate and the developed technology to overcome the hostile environment ultimately led to the expansion of these first human settlements (Ponting 1991; Sander and Theodore 2008).

By about 10 000 years ago humans had spread over every continent, living in small mobile groups. A minority of these groups lived in close harmony with the environment and did minimum damage. Evidence has been found where groups tried to conserve resources in an attempt to maintain subsistence for long periods of time. In some cases, restrictions on hunting a particular species at a time, a certain period of time of the year, or only in a certain area every few years helped to maintain population levels of certain animals (Goudie 1981). The Cree in Canada used a form of rotational hunting, only returning to an area after a considerable length of time, which allowed animal populations to recover. But the majority of these groups exploited the environment and animals inhabiting it. In Colorado, bison were often hunted by stampeding them off a cliff, ending up with about 200 corpses, most of which could not be used. On Hawaii, within a 1000 years of human settlement, 39 species of land birds had become extinct (Ponting 1991). In Australia, over the last 100 000 years, 86% of the large animals have become extinct. The large number of species lost was largely due to tendency for hunters to concentrate on one species to the exclusion of others. The main reason why these groups avoided further damage to nature was the fact that their numbers were so small that the pressure they exerted on the environment was limited.

The major shift in human evolution took place between 10 000 and 12 000 years ago. Humans learned how to domesticate animals and cultivate plants and in so doing made a transition from nomadic hunter‐gatherer to rooted agriculturist. The global population at this time was about four million people, which was about the maximum that could readily be supported by a gathering and hunting way of life (Ponting 1991). The increasing difficulty in obtaining food is believed to be a major contributor to this sudden change. The farmer changed the landscape of the planet and was far more destructive than the hunter. While farming fostered the rise of cities and civilizations, it also led to practices that denuded the land of its nutrients and water‐holding capacity. Great civilizations flourished and then disappeared as once‐fertile land, after generations of over‐farming and erosion, was transformed into barren wasteland.

However, many years later different dimensions of the problem of environmental protection and its management have taken a serious turn in the present era. This is so because humans' interaction with the natural environment is so extensive that the environment question has assumed proportions affecting all humanity. The dominant factors which are responsible to environmental deterioration throughout the world are rapid industrialization, urbanization, population explosion (Figure 2.1), poverty, over‐exploitation of resources, depletion of traditional resources of energy and raw materials, and research for new sources of energy and raw materials.

As a result of this, there is air pollution, water pollution, noise pollution, land pollution, and so on. The list is virtually endless. Moreover, the seriousness of environmental problem may be judged in terms of knowledge and skills required to understand a particular issues demanding solution. In order to achieve sustainable development, environmental protection constitutes an integral part of development process and it cannot be considered in isolation. Peace, development, and environment are interdependent and indivisible (Rio Declaration, UNESCO 1992). In the same continuation, Earth Summit of 1992 in Rio de Janerio, through Rio Declaration and agenda 21 has further concretized the concept of environmental protection and sustainable development essential to survival of human race. Today we are confronted with a perpetuation of disparities between and within nations, a worsening of poverty among developing countries, hunger, ill health due to malnutrition, poor sanitation and lack of safe drinking water and proper health care, illiteracy, and continuing deterioration of the ecosystem on which we depend for our well‐being. However, integration of environment and development concerns and greater attention to them will lead to the fulfillment of basic needs, improved living standards for all, better protected and managed ecosystems, and a safer, more prosperous future.

2.3 Causes of Pollution and Environmental Degradation

Causes of pollution and environmental degradation are of two types:

  1. Natural causes
  2. Man‐made causes

2.3.1 Natural Causes

Drought, flood, tsunami, cyclone, hurricane, twister, torrents, earthquake, molten lava of volcano, and epidemic are the main natural causes/factors which cause environmental pollution. Since these are natural‐caused events and man has no control over them, they are known as natural causes.

2.3.2 Man‐Made Causes

There are four main man‐made causes:

  1. Population growth
  2. Poverty
  3. Urbanization
  4. Industrialization

2.3.3 Population Growth

“The Earth is finite and world population is finite.” Every new born consumes plenty of natural and nonnatural products, which are also ultimately provided after utilizing natural resources. Thus, every birth increases the consumption of natural resources. But the fact is a finite world can support only a finite population. In other words, natural resources shrink as people multiply. The current world population is 7.73 billion as of August 2019 according to the most recent United Nations estimates elaborated by Worldometers. The world's population has grown almost sixfold in this century (Figure 2.1). India alone has about 17% population of the world land area. This rise in urban population is at a very high rate. It indicates an increasing demand for fuel, food, pollution free clean water and air, space to live in, and healthy conditions. Increasing population in urban areas has created the problem of land, air, and water pollution, and unsanitary conditions that all cumulatively adversely affecting the quality of life. Some big cities are rated as choked cities due to polluting industries around them. Continuous rise in urban population has enhanced the density of population in various areas which has also created various social, physical, and psychological problems for people. These high‐density populated areas have also resulted in deforestation and disappearance of vegetation cover, which is only 11% of the total area against 33% which is essential. Increasing population also results in poverty which is also a cause of pollution.

2.3.4 Poverty

Poverty contributes equally to both – population growth and environmental pollution. Poverty has been defined as the inability of an individual or household to attain a minimum standard of living (World Commission on Health and Environment 1992). The poor people usually have low life expectancy, high infant mortality, and higher incidence of disablement. Unhygienic, unsanitary, and poor health conditions are due to poverty. The impoverishment of the poor is accompanied by simultaneous and systematic erosion of the basic means of their subsistence, the environment, with its life‐supporting natural resources – land, forest, water, and air. Poverty reduces people's capacity to use resources in a sustainable way, which also intensifies pressure on the environment in underdeveloped and developing countries. It is now been aptly observed that the poor and poverty are linked to the environment (Our Common Future 1987).

2.3.5 Urbanization

Rapid and unplanned urbanization has also contributed to environmental pollution and degradation of human environment. This is a direct result of rapid population growth and unending migration of the poor from small towns and villages to urban centers of developing countries. The burning of coal and wood in concentrated areas made the cities the primary sources of pollution. Environmental factors have been given too little consideration in the thinking on urbanization in many cities of underdeveloped and developing countries. Yet they are extremely important factors to be considered with increasing urbanization. The levels of water and smog pollution are already high in many cities in underdeveloped and developing nations.

2.4 Industrialization and Urbanization in the United States

Early in the nineteenth century, an awesome new force was gathering strength in Europe. The term “Industrial Revolution” was coined by the French as a metaphor of the affinity between technology and the great political revolution of modern times. Soon exported to the United States, the Industrial Revolution swept away any visions of America being an agrarian society. The steam engine, the railroad, the mechanical thresher, and hundreds of other ingenious artifacts that increased man's ability to transform the natural world and put it to use would soon be puffing and clattering and roaring in all corners of the land. The new machines swiftly accelerated the consumption of raw materials from the nation's farms, forests, and mines.

2.4.1 Mini Case Studies

Industrialization and urbanization, as a result of Industrial Revolution, began long before the late nineteenth and early twentieth centuries, but it accelerated greatly during this period because of technological innovations, social changes, and a political system increasingly apt to favor economic growth beyond any other concern. Before 1880, industrialization depended upon a prescribed division of labor – breaking most jobs up into smaller tasks, and assigning the same people to repeat one task indefinitely. After 1880, industrialization depended much more on mechanization – the replacement of people with machines – to increase production and maximize profits. The development of the modern electrical grid, starting in the early 1880s, facilitated such technological advances. Henry Ford's assembly line and the rise of mass production after the turn of the twentieth century only strengthened this effect. As a result, the total manufacturing output of the United States was 28 times greater in 1929 than it was 1859. Adjust that number for the growth in population over the same period, and it still multiplied seven times over (Wright 1941).

Cities in America date back to the beginning of the colonial period, but the tendency for new industrial factories to be located in or near urban areas meant that cities grew much faster during the late nineteenth century than ever before. This trend was most apparent in large cities like New York, which expanded from approximately half a million to around 3.5 million people between 1850 and 1900, and Philadelphia, which increased in size from slightly more than 100 000 inhabitants to more than 1.2 million people over the same period. During the last half of the late nineteenth century, Chicago proved to be the fastest growing city in the world. Overall, 15.3% of Americans lived in cities in 1850. By 1900, that percentage had increased to 39.7, and kept growing. The 1920 Census revealed that more Americans lived in cities than the countryside for the first time (Rees 2013).

Not every city in the country developed as fast as the largest cities did. Important regional differences existed in urbanization because of differences in the nature of industrial growth. The largest cities in the Northeast were manufacturing powerhouses that contained everything, from large factories building railroad locomotives to small shops producing textiles in people's apartments. The Northeast also gave rise to smaller cities that concentrated on particular industries, like Rochester, New York, which specialized in men's clothing, boots, and shoes. Following on a tradition of manufacturing from earlier in the century, New Bedford and Fall River, Massachusetts, increased in size because of their cotton textile factories. Other cities, like Elizabeth, New Jersey, grew as by‐products of the expansion of their larger neighbors.

Chicago, the largest city in the Midwest, made its name processing natural resources from the Western frontier before those resources traveled eastward as finished products. Grain and lumber – two industries that had been crucial for Chicago's early growth – relied on Chicago for marketing and storage. With perfection of the refrigerated railroad car, meat processing became such an enormous industry that the vast majority of the meat that Americans ate was processed in the stockyards on that city's south side. (That activity would disperse again, after the turn of the twentieth century, to other cities like Fort Worth and Kansas City.) Smaller cities in America's industrial heartland would grow around other manufacturing pursuits like steel in Youngstown, and machine tools and cash registers in Dayton, Ohio (Warner 1995).

The South had lagged behind the rest of the country since before the Civil War. As a result, many advocates for outside investment in this region expanded their activities after the war. They were somewhat successful. While the rate of industrialization (and therefore urbanization) picked up in the South during the late nineteenth and early twentieth centuries, it still has not fully caught up with the rest of the country. Birmingham, Alabama, for example, founded in 1871, flourished as a center for iron and steel manufacturing during the 1880s, when two railroads first linked that city to the region's mineral resources (Misa 1999). The growth of cotton mills in the “upcountry” section of the Carolinas began during the 1870s. After the turn of the twentieth century, this region became an important center of activity for the textile industry, in large part because of the available cheap, nonunion labor.

What separates this period from earlier periods in urban and industrial history is that this was the first time in American history that cities had moved to the center of American life. Cities were places where most of the new factories were built. Waves of immigrants settled in cities because that is where the job openings in industrial factories were. Cities were also places where the effects of industrialization, especially the increased inequality of wealth, were most visible. That means that the problems of cities became the problems of America.

2.4.2 The Electrical Grid and Improvements in Transportation

One of the reasons that later industrialization progressed at such a greater pace than before was the improvement in power sources. The early Industrial Revolution depended upon steam engines and waterpower. The earliest engines were large and prohibitively expensive for all but the largest firms. Water wheels were a possibility for smaller concerns, but they could not perform nearly as much work as later power sources could. Between 1869 and 1929, total available horsepower in the United States increased from 2.3 to 43 million units. In factories, the greatest part of that growth came from a huge increase in the use of electricity (Wright 1941).

Although factories had grown larger and more efficient over the entire nineteenth century, they grew particularly large after 1880, as the power to run them became cheaper, cleaner, and more convenient to acquire. Starting in the late 1870s, Thomas Edison turned the attention of his extensive laboratory toward harnessing electricity to create affordable electric light. This achievement depended not only upon the creation of an efficient, inexpensive, incandescent light bulb but also on the creation of an electrical system to power it – everything from generators, to electrical wires, to switches. Without a precedent for any of these things, the Edison Electric Company and many related subsidiaries (later gathered together under the umbrella of General Electric) had to manufacture just about everything to make the grid operate. “Since capital is timid, I will raise and supply it,” explained Edison to one of his investors. “The issue is factories or death!” (Jonnes 2004). Other companies soon followed, because creating the central stations and the grid that eventually powered just about everything was so obviously lucrative.

Symbolizing the importance of capital to Edison's efforts, the first person to have his home successfully wired for electricity was the banker J. P. Morgan, in 1882. Despite setbacks, his experience with electric light encouraged him to invest further in Edison's efforts. Edison built the first central generating station in New York City later that same year. The first area of Manhattan that Edison wired was a neighborhood filled with the homes and workplaces of those who operated the financial institutions he hoped to convince to invest in his enterprises, as well as two major newspapers that would publicize his achievements. By 1902, there were 2250 electrical generating stations in the United States. By 1920, that number grew to just short of 4000. Electricity spread from large cities to small cities and eventually out into rural areas by the 1920s (Cowan 1985; Cowan and Hersch 2017).

This kind of growth required substantial improvement beyond Edison's initial vision of an electrical system. The effects of a reliable electric grid on the cities where it first appeared were numerous, ranging from less coal smoke in the air to new sounds produced by various electrical creations – everything from streetcars to arc lights. Early arc lights were so bright people thought they could stop crime and vice by exposing the people who perpetrated these crimes. In smaller cities, obtaining electric light was a sign of modernization, which implied future growth. Modern light in urban workplaces made office work easier by lessening strain on the eyes. As electric light companies moved in, the much‐hated urban gas companies lost a considerable amount of economic power. Since people preferred electric light to gas, it became increasingly popular, as the grid expanded and the costs dropped. Electric light even changed the way people lived inside their houses. For example, children could now be trusted to put themselves to bed since there was no longer a fire risk from the open flames that were once needed to get to bed in the dark.

Nevertheless, the growing electrical grid created new urban dangers. High‐voltage electrical wires strung above ground joined other wires from telephones, telegraphs – even stock tickers – posed a new urban “wire menace.” Many came down in bad weather. They were a hazard for electric company employees and pedestrians alike. “The overhead system is a standing menace to health and life,” reported one medical journal in 1888 (Freeberg 2014). In 1889, a fire caused by overheated electrical wires ignited a building full of dry goods and burned down much of downtown Boston.

The most noteworthy effect of high‐quality, affordable lighting was the widespread practice of running factories 24 hours a day – which made them much more productive without any improvements in the technology of production. Replacing putrid gas lamps also made the smell of factories better for the workmen who worked there. As the electrical grid became more reliable, electric motors gradually began to replace steam engines as the source of power in manufacturing. Using small electric motors as a source of power freed factories from having to be located near water sources to feed boilers and made it possible for them to be smaller too.

Between 1880 and 1900, factories tended to adopt electric lighting but kept using earlier sources of power for their operation. Electric power for factory operations came quickly between 1900 and 1930. Both these developments (along with the large supply of immigrant workers) contributed to the industrialization of cities. The electrification of industrial facilities of all kinds proceeded quickly during the first two decades of the twentieth century. Businesses got wired for electricity much faster than cities because they could make the most use of what started out as a relatively expensive service.

Because factories were concentrated in or near cities, it was a lot cheaper to wire them than it was to wire farms or even smaller cities away from electrical generating stations. Many of the new factories built during this later period appeared outside city limits, another new development. Electrification allowed managers to automate jobs once done by hand labor, thereby eliminating inefficiency, gaining greater control over the production process, and boosting overall productivity. New devices like time clocks and even new modes of production like the assembly line also depended upon electric power.

The advent of cheap and readily available electricity had a particularly important effect upon the physical layout of American cities during this period. Frank Sprague, an electrical engineer who had once worked for Thomas Edison, designed the first electric streetcar system for Richmond, Virginia, in 1888. Such systems supplanted horse‐drawn carriages, making it possible for people to travel further and faster than they would have otherwise. This gave rise to a burst of suburbanization, a spate of new towns on the outskirts of American cities where wealthy and middle‐class people could move to escape from the difficulties of modern urban life but still be close enough to enjoy many of its advantages.

The new suburbanites often traveled to and from work via new electric streetcars. The electrical equipment manufacturer Westinghouse was one of the major manufacturers of vehicles powered by an overhead wire. Electric streetcars had the advantage over horses of not leaving manure or of dying in the streets. Streetcars were more popular during weekends than during the week as working‐class people took advantage of low fares to explore new neighborhoods or to visit amusement parks, like Coney Island, generally built at the end of these lines.

In the same way that employers and city planners depended upon streetcars to move people, manufacturers became more dependent upon railroads, after 1880, to move their finished products. Railroad track mileage grew greatly after the Civil War, connecting cities and leading to the growth of new factories in places that were convenient to the necessary resources to make marketable goods. Eventually, mass distribution was a prerequisite to benefit from all that increased productivity. For all these reasons, separating the causes and effects of industrialization and urbanization is practically impossible.

Throughout the nineteenth century, factories usually had to be built near shipping ports or railroad stops because these were the easiest way to get factory products out to markets around the world. As more railroad tracks were built late in the nineteenth century, it became easier to locate factories outside of downtowns. Streetcars helped fill up the empty space downtown where factories would have gone. They made it easier to live further away from work and still commute to the heart of downtown, thereby making it possible for other kinds of businesses to locate there. One example would be the large urban department store, a phenomenon that predates 1880, but grew into its own after that date. Such stores like Wanamaker's in Philadelphia or Marshall Field's in Chicago bought the products of industrialization in bulk and sold them at a discounted price to workers who might have had trouble getting access to them any other way.

2.4.3 Structural Steel and Skyscrapers

While retail emporiums could be blocks long and only a few stories tall, other business rented space in thinner buildings built much higher. By the late 1880s, structures that had once been built with iron began to be built with a structural steel – a new, stronger kind of steel. The practice had begun in Chicago, championed by the architect Louis Sullivan, who designed the first skyscrapers there. A skyscraper, Sullivan wrote, “must be every inch a tall and soaring thing, rising in sheer exultation that from bottom to top it is a unit without a single dissenting line” (Alexiou 2013). That kind of design required a skeleton of structural steel upon which other substances like brick or granite could hang. Even then, such skyscrapers had to be tapered; otherwise, the weight from the top floors could make the whole structure collapse.

Creating structural steel for skyscrapers required entirely different production methods than had been required to make Bessemer steel (which had been used primarily for railroad rails). Quantity and speed were the main requirements of producing Bessemer steel. Structural steel required a more carefully made product. The demands of structural steel encouraged steelmakers like Andrew Carnegie to redesign entire factories, most notably replacing older Bessemer converters with the open‐hearth process. This new kind of steelmaking not only produced higher quality steel but also required fewer skilled workers. This encouraged Carnegie's company to lock out its union workforce at Homestead, Pennsylvania, in 1892, so that it could save money by employing cheap replacement workers.

The other innovation that made skyscrapers possible was the electric elevator. Elisha Graves Otis designed the first reliable elevator in 1857. With electric power, it became possible to rise 60 stories in a matter of seconds. Before the elevator, rental spaces in commercial buildings cost more on lower floors because people didn't want to have to walk up stairs to get to the top. With elevators, tenants willing paid a premium in order to get better views out of their windows. Without elevators, nobody would have bothered to erect a building taller than five stories (Misa 1999, 2016).

The construction of skyscrapers was itself a terrific example of the industrial age coordination of labor and materials distribution. Steel skeletons meant that the unornamented higher sections of a building could be worked on even before the inevitable elaborate ornamental fringes on the lower part of the building were finished. This saved both time and money. When New York got so crowded that there was no space to store raw materials, the appearance of those materials would be carefully choreographed, and they would be taken directly off of flatbed trucks and placed in their exact positions near the tops of new buildings. Around the turn of the twentieth century, a major skyscraper could be built in as little as one year. The faster a building could be built, the faster an owner could collect rents and begin to earn back construction expenses.

The great benefit of skyscrapers was the ability to compress economic activity into smaller areas. “The skyscraper,” explained one New Yorker in 1897, “gathers into a single edifice an extraordinary number of activities, which otherwise would be widely separated. Each building is an almost complete city, often comprising within its walls, banks and insurance offices, post office and telegraph office, business exchanges restaurants, clubrooms and shops.” These same miniature cities also included numerous retail outlets, where the products of industrialized manufacturing could be purchased (Rees 2013). Shorter distances between these locations accelerated the pace of economic activity, which promoted further economic growth. However, large projects (like the many skyscrapers associated with the building of New York's Grand Central Station) eliminated or at least obscured urban industrial areas.

Unburdened by the need to pay federal income tax, industrial titans from across the United States displayed their massive wealth by building lavish mansions along New York's Fifth Avenue during the 1890s. By the 1920s, the value of land in Manhattan grew so fast because of its possible use for skyscrapers that second‐generation industrial families sold their mansions, since they no longer wanted to pay huge property taxes on them. Blocks of what was known as “Vanderbilt Alley,” named after the children of the steamship and railroad pioneer who had built mansions in the same area, were replaced by skyscrapers and high‐end retail emporiums.

The same basic principles of skyscraper production – build it quick and large, and pack it with people – motivated the way that builders produced other kinds of urban domiciles. “Today, three‐fourths of [New York City's] people live in the tenements,” wrote the reformer Jacob Riis in his 1890 classic, How the Other Half Lives, “and the nineteenth‐century drift of the population to the cities is sending ever‐increasing multitudes to crowd them” (Riis 1914). The best‐known tenement house design of this period was the dumbbell tenement of about five or six stories tall. They came about as the result of a design contest but were generally so crowded that they did more harm than good to the people who lived in them. Four families might live on a single floor with only two bathrooms between them. Designed to let light and air into central courtyards (which explains why they were shaped like a dumbbell from above), stacked up back‐to‐back, one against the other they did neither. Widely copied, New York City actually outlawed this design for new buildings in 1901 – but the old structures remained.

Apartment houses made it easier to pack people into small urban areas and therefore live closer to where they worked. Wealthy people could buy space and separation from one's neighbors, while those middle‐class people who could not afford to live in suburbs lost the space they had before urbanization accelerated. To counter these unequal tendencies, New Yorkers developed the idea of the cooperative, where many people bought a single building and managed it themselves. Lavish apartments became alternatives for mansions once Manhattan real estate became too expensive for all except those with huge fortunes.

2.4.4 The Assembly Line

The farther away that people lived from central business districts, the more they needed efficient transportation. Streetcars helped, to an extent, but passenger lines that centered on downtown neighborhoods left large areas that could be occupied with housing for a growing working population, provided that these residents had their own way to get around. “I will build a car for the great multitude,” declared Henry Ford in 1908. “It will be so low in price that no man making a good salary will be unable to own one” (Watts 2005). That car was the Model T, and it revolutionized both auto‐making and the American landscape. It also revolutionized the entire concept of American production. Ford did not worry about whether his cars would have a market. He would make a market for his cars by producing them so cheaply that nearly every American could afford one.

Ford could achieve both quality and a low price at scale because of the assembly line. This particular conceptual breakthrough owed much to the “disassembly lines” that had been pioneered in the meatpacking industry during the previous century. In the same way that a single carcass was picked apart by men with specialized jobs as it moved along a line, mounted upon a hook, Ford arranged his new factory at Highland Park so that men with highly specialized assignments could build an automobile much faster than before. The assembly line moved work to the men rather than forcing men to move to the work, thereby saving valuable time and energy. It also extended the concept of the division of labor to its logical extreme so that workers would perform only one function in a much larger assembly process all day, every day. The applicability of these principles to the manufacturing of just about everything is what made Ford such an important figure in the history of industrialization. Mass production became possible for all kinds of things that had once seemed far removed from the automobile.

Ford built Model T's at three different facilities over the entire history of that vehicle. He improved his production methods over time (which included introducing and improving upon the assembly line) so that he could produce them more cheaply and efficiently. Efficiency depended on speed, and speed depended upon the exact place in the factory where those machines were placed. Because Ford made only one car, he could employ single‐purpose machine tools of extraordinarily high quality. The company also used lots of other automated manufacturing equipment, like gravity slides and conveyors, to get parts of the car from one place to another in its increasingly large, increasingly mechanized factories.

Because the assembly line moved the work to the men rather than the men to the work, the company could control the speed of the entire operation. Like earlier manufacturers, Ford depended upon standardized, identical parts to produce more cars for less, but the assembly line also made it possible to conserve labor – not by mechanizing jobs that had once been done by hand, but by mechanizing work processes and paying employees just to feed and tend to those machines. This was not fun work to do. “The chain system you have is a slave driver!” wrote an anonymous housewife based on her husband's experience working on the assembly line. “My God! Mr. Ford. My husband has come home and thrown himself down and won't eat his supper – so done out! Can't it be remedied”? Ford instituted an unprecedented wage of $5/day to keep workers on his assembly line, but this reward did not make the work any easier (Hounshell 1984).

Before Ford came along, cars were boutique goods that only rich people could afford to operate. After Ford introduced the assembly line (actually a series of assembly lines for every part of the car), labor productivity improved to such a degree that mass production became possible. Perhaps more important than mass production was mass consumption, since continual productivity improvements meant that Ford could lower the price of the Model T every year, while simultaneously making small but significant changes that steadily improved the quality of the car. Mass production eliminated choice, since Ford produced no other car, but Ford built variations of the Model T, like the runabout with the same chassis, and owners retro‐fitted their Model T's for everything from camping to farming.

The increased number of automobiles on city streets further congested already congested downtown areas. Streetcars got blocked. Pedestrians died in gruesome traffic accidents. One of the basic requirements of having so many new cars on the roads was to improve the quality and quantity of roads. Local city planners tended to attack such problems on a case‐by‐case basis, laying pavement on well‐traveled roads and widening them when appropriate. New traffic rules, such as the first one‐way streets, appeared in an effort to alleviate these kinds of problems. Traffic control towers and traffic lights – the mechanical solution to a problem inspired by industrialization – also appeared for the first time during this era.

Cities grew when industries grew during this era. Since people had to live near where they worked (and few people lived in skyscrapers), many builders built out into undeveloped areas. If a city had annexed much of the land around it previous to these economic expansions (like Detroit), those areas became parts of a larger city. If they hadn't, much of this growth occurred in new suburbs (like Philadelphia). Chicago was so confident of further growth during this period that it built streetcar lines into vacant fields. To meet rising demand for housing, homebuilders applied industrial principles to building – using standardized parts that were themselves the result of mass production techniques. By the 1920s, buying precut mail order houses became big business.

2.4.5 The Origins of Mass Production

After 1880, mechanization made factories even more productive thanks to technological improvements. This can be traced back to Thomas Edison's labs in New Jersey, where he practiced systematic invention to exploit the great commercial opportunities that modern life created. The electrical and chemical industries formed the vanguard for the blending of science and the useful arts during this era. By the 1920s, engineers had been formally integrated into the management hierarchies of countless American industries.

Reorganization of production merged with technological improvement had made mass production possible long before Ford developed the assembly line. James Bonsack's cigarette rolling machine, for example, patented in 1881, could produce 70 000 cigarettes in a single 10‐hour day. By the end of that decade, it could produce 120 000 cigarettes in a day (Chandler 1977). When James “Buck” Duke bought exclusive rights to this machine in 1885, it became the basis of his American Tobacco Company, which quickly controlled most of the industry.

By the 1920s, mass production had arrived in industries that produced goods that were much more expensive than cigarettes. Ford's principles of mass production spread quickly throughout the manufacturing sector, to products of all kinds, because Henry Ford was so open about the way he designed his factories. Among the other manufacturers that used Ford's principles during the 1920s were the makers of home appliances, like refrigerators and radios. General Electric, for example, built an $18 million assembly line for its Monitor Top refrigerator and sold 1 million refrigerators just 4 years after its introduction in 1927 (Cowan 1985).

Even craft‐dominated industries like furniture making came to depend upon mass production to make their products more available to the masses. People who moved from farms to cities desperately needed furniture for their new urban residences, but in industrial towns like Grand Rapids, Michigan, they could not afford pieces made by craftsman. New mass‐produced models made with minimal carving and overlays, based on stylish patterns, found a market all over the country. It helped that companies like Bassett, founded in Virginia in 1902, discouraged their workers from forming unions, just like Ford did. An unorganized workforce made it easier for industrialists to impose changes in the production process without resistance from employees.

The changeover from the Model T to the Model A, in 1927, demonstrated the limits of industrialized mass production. The Model A was incredibly expensive, and Ford had to shut his main plant for months to retool the production line for his new models. While the new car sold well initially, sales dropped precipitously as the Depression deepened. “Mass production is not simply large‐scale production,” wrote the department store magnate Edward Filene, in 1932. “It is large‐scale production based upon a clear understanding that increased production demands increased buying” (Hounshell 1984). Mass buying became difficult when people had little money with which to buy the products of industrialization. Urban building slowed precipitously during the Depression too. Since cities were the focal points of industrialization, urban citizens suffered disproportionately when production waned. Of course, when the United States sank into the economic downturn of the Great Depression, both urban and industrial growth decreased sharply.

2.5 Important Technological Developments

The commencement of the Industrial Revolution is closely linked to a small number of innovations, beginning in the second half of the eighteenth century (Bond et al. 2003). By the 1830s the following gains had been made in important technologies:

  • Textiles – Mechanized cotton spinning powered by steam or water increased the output of a worker by a factor of 500. The power loom increased the output of a worker by a factor of over 40 (Ayres 1989). The cotton gin increased productivity of removing seed from cotton by a factor of 50 (Wickham 1916). Large gains in productivity also occurred in spinning and weaving of wool and linen, but they were not as great as in cotton (Beckert 2014; Landes 1969).
  • Steam power – The efficiency of steam engines increased so that they used between one‐fifth and one‐tenth as much fuel. The adaptation of stationary steam engines to rotary motion made them suitable for industrial uses (Landes 1969). The high‐pressure engine had a high power to weight ratio, making it suitable for transportation. Steam power underwent a rapid expansion after 1800.
  • Iron making – The substitution of coke for charcoal greatly lowered the fuel cost for pig iron and wrought iron production (Landes 1969). Using coke also allowed larger blast furnaces, resulting in economies of scale (Landes 1969; Rosen 2012). The cast iron blowing cylinder was first used in 1760. It was later improved by making it double acting, which allowed higher blast furnace temperatures. The puddling process produced a structural grade iron at a lower cost than the finery forge (Landes 1969). The rolling mill was 15 times faster than hammering wrought iron. Hot blast greatly increased fuel efficiency in iron production in the following decades.
  • Invention of machine tools – The first machine tools were invented. These included the screw cutting lathe, cylinder boring machine, and the milling machine (Hounshell 1984).

As the nineteenth century was drawing to a close, three very special individuals made their entrance on the US national stage. Gifford Pinchot, John Muir, and Theodore Roosevelt were to write the first pages of modern environmental history in the United States, which in turn led to the birth of the modern environmental movement early in the twentieth century. However, pollution and environmental degradation was a fact of life across most of America during the first half of the twentieth century, and phrases such as “the smell of money,” “good, clean soot,” “God bless it,” “it's our life‐blood,” and “an index to local activity and enterprise” were used to describe air pollution.

At this point of time, muscle and animal power were replaced with electricity, internal‐combustion engines, and nuclear reactors. At the same time, industry was consuming natural resources at an incredible rate. All of these events began to escalate at a dangerous rate after World War II. Soon after, in the late summer of 1962, a marine biologist named Rachael Carson, author of Silent Spring, the best‐selling book about ocean life, opened the eyes of the world to the dangers of attacking the environment (Carson 1962). It was perhaps at this point that America began calling in earnest for reform of the destruction of nature and constraints on environment laws that addressed these issues. It all began in 1970 with the birth of the EPA. For additional literature regarding Early History of the American Environmental Movement and American technology, the interested readers are referred to the book by Philip Shabecoff, titled A Fierce Green Fire (1993). This outstanding book, as well as Ponting's A Green History of the World (1991), and Ruth Cowan's book, titled A Social History of American Technology (1985), is a “must” for anyone who works in or has interests in the environment.

Industry is the axis to gear up the economy of a modern society – known as the indispensable motor of growth and development. On the other hand, it has been identified as a major source of environmental degradation and pollution. Therefore, development without destruction and environmental sustainability and sustainable development are the urgent needs of our time. The problem we are facing is how to strike a balance between the benefits of rising living standard and its cost in terms of deterioration of the physical environment and quality of life. In the past, the danger of polluting air, water, and land was not fully recognized, but now there is no doubt that it is a matter of great concern.

Famous Minamata Disease in Japan (1956), Flixborough (1974), Love Canal (1978), Three Mile Island incident (1979), Bhopal gas tragedy (1984), Chernobyl Atomic Reactor accident (1986), and Tennessee Valley Authority Kingston Coal Power Plant Toxic Ash Spill in Emory River (2008) have reminded us that industrialization has posed a serious threat not only to humans but also to animals, aquatic life, and vegetation cover. On one hand, industrialization has helped us to raise the standard and quality of life, but on the other it has deteriorated our environment. Thus, pollutants fate and transport in environment through human activities, e.g. acid rain, smog, global warming, ocean acidification, wild fires, cancer, are worst possible forms of pollution which is a direct result of industrialization.

Industries degrade the environment and pollute in the following ways:

  1. Use of natural resources by industries, as it destroys nature and affects natural environment. Wheat, rice, barley, corn, cotton, trees, plywood, rubber, sugar cane, iron, coal, oil, natural gas, etc. are all natural resources for food processing, packing, paper, clothes, and other finished products. Thus, increasing needs of industries have resulted in over exploitation and stress on natural resources.
  2. Residues and by‐products of industries are released in water, air, and land with or without any treatment which pollutes the water, air, and land, affecting the air quality, aquatic life, and ground water.
  3. Fossil fuel used by industries like coal, kerosene, diesel, and nuclear energy pollutes the air in the form of smokes, soot, small particulate matter, smog, ozone, and radioactive wastes.
  4. Noise is also a major by‐product of industries that cause noise pollution to human health.
  5. Industrial wastes, particularly hazardous wastes and radioactive wastes, have become a major environmental pollution problem.

2.6 Industrial Disasters

2.6.1 Bhopal: The World's Worst Industrial Tragedy

Thirty three years ago, on the night of 2 December 1984, an accident at the Union Carbide pesticide plant in Bhopal, India, released at least 30 T of a highly toxic gas called methyl isocyanate (MIC), as well as a number of other poisonous gases. The pesticide plant was surrounded by shanty towns, leading to more than 600 000 people being exposed to the deadly gas cloud that night. The gases stayed low to the ground, causing victims' throats and eyes to burn, inducing nausea, and many deaths. Estimates of the death toll vary from as few as 3 800 to as many as 16 000, but government figures now refer to an estimate of 15 000 killed over the years. Toxic material remains, and 30 years later, many of those who were exposed to the gas have given birth to physically and mentally disabled children. For decades, survivors have been fighting to have the site cleaned up, but they say the efforts were slowed when Michigan‐based Dow Chemical took over Union Carbide in 2001. Human rights groups say that thousands of tons of hazardous waste remain buried underground, and the government has conceded the area is contaminated. There has, however, been no long‐term epidemiological research which conclusively proves that birth defects are directly related to the drinking of the contaminated water.

2.6.1.1 What Happened that Evening!

Due to lack of environmental regulations, enforcement and compliance, maintenance and operation safety, the plant in Bhopal where the disaster happened started to produce “Carbaryl” in 1977. Carbaryl is mainly used as an insecticide. At first, the production was 2500 T/Y. This was no problem, as the plant had been designed for an output of 5000 T. At the beginning of the 1980s, Carbaryl did not sell very well. For this reason, the owners of the plant started to cut costs. This included employing fewer people, doing maintenance less frequently, and using parts that were made of lower‐grade steel. Closing the plant was being considered as well. When the disaster happened, there was no production at the plant because there was a surplus on the market.

The disaster happened because water entered a tank containing MIC. This caused a chemical reaction which resulted in the buildup of much carbon dioxide, among other things. The resulting reaction increased the temperature inside the tank to reach over 200 °C (392 °F). The pressure was more than the tank was built to withstand. The tank had valves to control the pressure. These were triggered in an emergency, which reduced the pressure. As a result, large amounts of toxic gases were released into the environment. The pipes were rusty. The rust in the iron pipes made the reaction faster. All the contents of the tank were released within a period of about two hours. The water had entered the tank because of a sequence of events. The tank had been maintained badly. When cleaning work was done, water could enter the tank. The leakage of MIC gas from Union Carbide Corporation, Bhopal, gave impetus to the development of environmental law and principles of quantum of compensation (Union Carbide v. Union of India 1989).

2.6.1.2 Taj Mahal Acid Rain Attack

Yellowing of a historical monument, the Taj Mahal at Agra, was attacked by acid gases due to emissions of oxides of sulfur (SOx) from foundries, coal‐fired power plants, chemical and hazardous industries, and oil refinery. The sulfur dioxide emitted from these industries, combined with atmospheric oxygen in presence of moisture and sun, formed sulfuric acid called “acid rain” affecting the marble of the Taj Mahal (Mehta 1987).

2.6.1.3 River Ganges and River Yamuna

The industries which made the water of the holy River Ganges and a river of the south Chennai toxic were found to be tanneries (Mehta 1988; Vellore Citizen 1996). In the Ganges pollution case, tanneries discharged untreated effluents in the river, and near Kanpur the water of Ganges was found to be highly toxic. In the other case, the Pallar River of the state of Tamil Nadu became highly polluted because tanneries discharged chemicals used in treating leather, which resulted in nonavailability of potable water. Recently, the Supreme Court of India ordered the closure of industries or to shift them from the territory of the State of Delhi as their untreated effluent and sludge was polluting the holy River Yamuna (Hindustan Times 2000; Times of India 2000).

2.6.1.4 Flixborough

On Saturday, 1 June 1974, the Nypro (UK) site at Flixborough was severely damaged by a large explosion. Twenty‐eight workers were killed and a further 36 suffered injuries. It is recognized that the number of casualties would have been more if the incident had occurred on a weekday, as the main office block was not occupied. Offsite consequences resulted in 53 reported injuries. Property in the surrounding area was damaged to a varying degree.

The chemical plant was designed to produce 70 000 T/Y of caprolactam, a raw material for the production of nylon. The process used cyclohexane as a feed and oxidized it to cyclohexanol in the presence of air within a series of six catalytic reactors. Under process conditions, cyclohexane vaporizes immediately upon mixed depressurization, forming a cloud of flammable cyclohexane vapor mixed with air. Reactor 5 was found to have a small crack in the stainless steel structure in the series using a 20 in. pipe, even though the reactors are normally connected using 28 in. pipe. The temporary section of piping was not properly supported and it ruptured upon pressurization, releasing an estimated 30 T of cyclohexane in a large cloud. An unknown ignition source caused the cloud to explode, leveling the entire plant facility. The resulting fire in the plant burned for over 10 days. The accident could have been prevented by following proper safety design and operating procedures, including reducing the inventory of flammable liquids onsite (CCPS 1993; Crowl and Louver 1990).

2.6.1.5 Love Canal Tragedy

Quite simply, Love Canal is one of the most appalling environmental tragedies in American history. But that's not the most disturbing fact. What is worse is that it cannot be regarded as an isolated event. It could happen again – anywhere in the United States – unless we move expeditiously to prevent it.

It is a cruel irony that Love Canal was originally meant to be a dream community. That vision belonged to the man for whom the three‐block tract of land on the eastern edge of Niagara Falls, New York, was named – William T. Love. Love felt that by digging a short canal between the upper and lower Niagara Rivers, power could be generated cheaply to fuel the industry and homes of his would‐be model city.

But despite considerable backing, Love's project was unable to endure the one‐two punch of fluctuations in the economy and Nikola Tesla's discovery of how to economically transmit electricity over great distances by means of an alternating current. By 1910, the dream was shattered. All that was left to commemorate Love's hope was a partial ditch where construction of the canal had begun. In the 1920s the seeds of a genuine nightmare were planted. The canal was turned into a municipal and industrial chemical dumpsite.

Landfills can of course be an environmentally acceptable method of hazardous waste disposal, assuming they are properly sited, managed, and regulated. Love Canal will always remain a perfect historical example of how not to run such an operation. In 1953, the Hooker Chemical Company, then the owners and operators of the property, covered the canal with earth and sold it to the city for one dollar. It was a bad buy. In the late 1950s, about 100 homes and a school were built at the site. Perhaps it wasn't William T. Love's model city, but it was a solid, working‐class community. On the first day of August 1978, the lead paragraph of a front‐page story in the New York Times read: “Niagara Falls, N.Y. – Twenty five years after the Hooker Chemical Company stopped using the Love Canal here as an industrial dump, 82 different compounds, 11 of them suspected carcinogens, have been percolating upward through the soil, their drum containers rotting and leaching their contents into the backyards and basements of 100 homes and a public school built on the banks of the canal.”

In an article prepared for the February 1978 EPA Journal, I wrote that, regarding chemical dumpsites in general, “even though some of these landfills have been closed down, they may stand like ticking time bombs.” Just months later, Love Canal exploded. The explosion was triggered by a record amount of rainfall. Shortly thereafter, the leaching began.

Corroding waste‐disposal drums could be seen breaking up through the grounds of backyards. Trees and gardens were turning black and dying. One entire swimming pool had been popped up from its foundation, afloat now on a small sea of chemicals. Puddles of noxious substances were pointed out to me by the residents. Some of these puddles were in their yards, some were in their basements, others yet were on the school grounds. Everywhere the air had a faint, choking smell. Children returned from play with burns on their hands and faces.

And then there were the birth defects. The New York State Health Department is continuing an investigation into a disturbingly high rate of miscarriages, along with five birth‐defect cases detected thus far in the area. The father of one the children with birth defects said, “I heard someone from the press saying that there were only five cases of birth defects here,” he told me. “When you go back to your people at EPA, please don't use the phrase ‘only five cases’. People must realize that this is a tiny community. Five birth defect cases here is terrifying.”

A large percentage of people in Love Canal are also being closely observed because of detected high white‐blood‐cell counts, a possible precursor of leukemia. When the citizens of Love Canal were finally evacuated from their homes and their neighborhood, pregnant women and infants were deliberately among the first to be taken out.

“We knew they put chemicals into the canal and filled it over,” said one woman, a long‐time resident of the Canal area, “but we had no idea the chemicals would invade our homes. We're worried sick about the grandchildren and their children.” Two of this woman's four grandchildren have birth defects. The children were born and raised in the Love Canal community. A granddaughter was born deaf with a cleft palate, an extra row of teeth, and slight retardation. A grandson was born with an eye defect.

Of the chemicals which comprise the brew seeping through the ground and into homes at Love Canal, one of the most prevalent is benzene – a known human carcinogen, and one detected in high concentrations. But the residents characterize things more simply. “I've got this slop everywhere,” said another man who lives at Love Canal. His daughter also suffers from a congenital defect.

On 7 August, New York Governor Hugh Carey announced to the residents of the Canal that the State Government would purchase the homes affected by chemicals. On that same day, President Carter approved emergency financial aid for the Love Canal area (the first emergency funds ever to be approved for something other than a “natural” disaster), and the U.S. Senate approved a “sense of Congress” amendment saying that Federal aid should be forthcoming to relieve the serious environmental disaster which had occurred.

By the month's end, 98 families had already been evacuated. Another 46 had found temporary housing. Soon after, all families would be gone from the most contaminated areas – a total of 221 families have moved or agreed to be moved. State figures show more than 200 purchase offers for homes have been made, totaling nearly $7 million.

A plan is being set in motion now to implement technical procedures designed to meet the seemingly impossible job of detoxifying the Canal area. The plan calls for a trench system to drain chemicals from the Canal. It is a difficult procedure, and we are keeping our fingers crossed that it will yield some degree of success. I have been very pleased with the high degree of cooperation in this case among local, State, and Federal governments, and with the swiftness by which the Congress and the President have acted to make funds available.

But this is not really where the story ends. Quite the contrary. We suspect that there are hundreds of such chemical dumpsites across United States. Unlike Love Canal, few are situated so close to human settlements. But without a doubt, many of these old dumpsites are time bombs with burning fuses – their contents slowly leaching out. And the next victim cold be a water supply, or a sensitive wetland. The presence of various types of toxic substances in our environment has become increasingly widespread – a fact that President Carter has called “one of the grimmest discoveries of the modern era.”

Chemical sales in the United States now exceed a mind‐boggling $112 billion/year, with as many as 70 000 chemical substances in commerce. Love Canal can now be added to a growing list of environmental disasters involving toxics, ranging from industrial workers stricken by nervous disorders and cancers to the discovery of toxic materials in the milk of nursing mothers.

Through the national environmental program it administers, the EPA is attempting to draw a chain of Congressional acts around the toxics problem. The Clean Air and Water Acts, the Safe Drinking Water Act, the Pesticide Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act – each is an essential link.

Under the Resource Conservation and Recovery Act, EPA is making grants available to States to help them establish programs to assure the safe handling and disposal of hazardous wastes. As guidance for such programs, we are working to make sure that State inventories of industrial waste disposal sites include full assessments of any potential dangers created by these sites.

Also, USEPA recently proposed a system to ensure that more than 35 million T of hazardous wastes produced in the United States each year, including most chemical wastes, are disposed of safely. Hazardous wastes will be controlled from point of generation to their ultimate disposal, and dangerous practices now resulting in serious threats to health and environment will not be allowed.

Although we are taking these aggressive strides to make sure that hazardous waste is safely managed, there remains the question of liability regarding accidents occurring from wastes disposed of previously. This is a missing link. But no doubt this question will be addressed effectively in the future. Regarding the missing link of liability, if health‐related dangers are detected, what are we as a people willing to spend to correct the situation? How much risk are we willing to accept? Who's going to pick up the tab? One of the chief problems we are up against is that ownership of these sites frequently shifts over the years, making liability difficult to determine in cases of an accident. And no secure mechanisms are in effect for determining such liability.

It is within our power to exercise intelligent and effective controls designed to significantly cut such environmental risks. A tragedy, unfortunately, has now called upon us to decide on the overall level of commitment we desire for defusing future Love Canals. And it is not forgotten that no one has paid more dearly already than the residents of Love Canal.

2.6.1.6 Tennessee Valley Authority Kingston Coal Power Plant Toxic Ash Sludge Spill

On 22 December 2008, a retention pond wall collapsed at Tennessee Valley Authority's (TVA) Kingston plant in Harriman, Tennessee, releasing a combination of water and fly ash that flooded 12 homes, spilled into nearby Watts Bar Lake, contaminated the Emory River, and caused a train wreck. Officials said 4–6 ft of material escaped from the pond to cover an estimated 400 acres of adjacent land. A train bringing coal to the plant became stuck when it was unable to stop before reaching the flooded tracks (White 2008). Hundreds of fish were floating dead downstream from the plant. Water tests showed elevated levels of lead and thallium (Knoxville News Sentinel 2008a, b).

Originally, TVA estimated that 1.7 million cubic yards of waste had burst through the storage facility. Company officials said the pond had contained a total of about 2.6 million cubic yards of sludge. However, the company revised its estimates on 26 December, when it released an aerial survey showing that 5.4 million cubic yards (1.09 billion gal) of fly ash was released from the storage facility (Knoxville News Sentinel 2008a). Several days later, the estimate was increased to over 1 billion gal spilled (CNN 2008). The size of the spill was larger than the amount TVA claimed to have been in the pond before the accident, a discrepancy that TVA was unable to explain (New York Times 2008). The TVA spill was 100 times larger than the Exxon Valdez spill in Alaska, which released 10.9 million gal of crude oil (Encyclopedia of the Earth 2018), and it was expected to take weeks and cost tens of millions of dollars to clean it (Knoxville News Sentinel 2008c). According to the TVA, rain totaling 6 in. in 10 days and 12 °F temperatures were factors that contributed to the failure of the earthen embankment (Valley Precipitation 2008).

The 40‐acre pond was used to contain ash created by the coal‐burning plant (White 2008). The water and ash that were released in the accident were filled with toxic substances. Each year coal preparation creates waste containing an estimated 13 T of mercury, 3236 T of arsenic, 189 T of beryllium, 251 T of cadmium, and 2754 T of nickel, and 1098 T of selenium (Associated Press 2008; Valley Precipitation 2008).

2.6.1.7 Cuyahoga River Fire

The Cuyahoga River is in the United States, located in Northeast Ohio, that feeds into Lake Erie. The river is famous for having been so polluted that it “caught fire” in 1969 (Figure 2.3). It was the disaster that ignited an environmental revolution. On that day, 22 June 1969, the Cuyahoga River burst into flames in Cleveland when sparks from a passing train set fire to oil‐soaked debris floating on the water's surface. By 1969, the Cuyahoga River was not a unique experience in the United States. A river flowing into Baltimore, Maryland, caught fire on 8 June 1906 (CPD 1926). In Philadelphia, the Schuykill burned in the 1950s (Kernan 1958). The Buffalo River in upper New York state burned in the 1960s (UPI 1984). The Rouge River in Dearborn, Michigan, repeatedly burned (US 1974).

Image described by caption and surrounding text.

Figure 2.3 Cuyahoga River caught fire.

So, why is the Cuyahoga River fire a seminal event in the history of water pollution control in the United States? Because it was a catalyst for change in federal government's role in water pollution control. Although the federal government had powerful tools to control water pollution, for example, the River and Harbors Act of 1899 and the Water Quality Act of 1965. States and cities were left to fend for themselves. The flaming Cuyahoga became a figurehead for America's mounting environmental issues and sparked wide‐ranging reforms, including the passage of the Clean Water Act (CWA) (1972) and the creation of federal and state environmental protection agencies.

But the episode itself did not quite live up to its billing. It was not the first fire, or even the worst, on the Cuyahoga, which had lit up at least a dozen other times before. And industrial dumping was already improving by the time of the 1969 blaze. The reality is that the 1969 Cuyahoga fire was not a symbol of how bad conditions on the nation's rivers could become, but how bad they had once been. The 1969 fire was not the first time an industrial river in the United States had caught on fire, but the last. The event helped to spur the environmental movement in the United States (Adler 2003).

2.6.1.8 The Great Smog of London

Great Smog of 1952 was a severe air‐pollution event that affected the British capital of London in early December 1952. A period of cold weather, combined with an anticyclone and windless conditions, collected airborne pollutants – mostly arising from the use of coal – to form a thick layer of smog over the city. It lasted from Friday, 5 December to Tuesday, 9 December 1952 and then dispersed quickly when the weather changed.

Image described by caption.

Figure 2.4 Nelson Tower showing the poor visibility.

Image described by caption.

Figure 2.5 Source of pollution from Battersea Coal Power Plant, London.

It caused major disruption by reducing visibility and even penetrating indoor areas, far more severe than previous smog events experienced in the past, called “pea‐soupers.” Government medical reports in the following weeks, however, estimated that up until 8 December, 4 000 people had died as a direct result of the smog and 100 000 more were made ill by the smog's effects on the human respiratory tract. More recent research suggests that the total number of fatalities was considerably greater, about 12 000 (Figures 2.4 and 2.5) (The Great Smog of 1952 2014).

The Prime Minister at that time, Winston Churchill, was adamant that it would pass, simply dismissing it as a “weather event.” London had suffered since the thirteenth century from poor air quality (Brimblecombe 1976), which worsened in the 1600s (The Observer 2002), but the Great Smog is known to be the worst air‐pollution event in the history of the United Kingdom, and the most significant in terms of its effect on environmental research, government regulation, and public awareness of the relationship between air quality and health (Bell et al. 2004; The Observer 2002). It led to several changes in practices and regulations, including the Clean Air Act 1956.

2.7 Environmental Law

Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common, and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category but are nonetheless important components of environmental law.

In many parts of Eastern Europe, the former Soviet Union, and the developing countries, in Asia, Africa, and South America, pollution conditions persist today. Global and regional environmental issues are increasingly the subject of international law. The acronym ISO stands for International Organization for Standardization. It is a worldwide program that was founded in 1947 to promote the development of international manufacturing, trade, and communication standards. ISP membership includes over 100 countries.

2.7.1 History of Environmental Law

Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pig sties, (Aldred's Case 1610), strict liability against dumping rubbish (R v. Stephens 1866), or damage from exploding dams (Rylands v. Fletcher, 1868). Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the “Great Stink of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to “clean up,” but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system. London also suffered from terrible air pollution, and this culminated in the “Great Smog” of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and business (particularly burning coal) while an inspectorate would enforce compliance.

Notwithstanding early analogs, the concept of “environmental law” as a separate and distinct body of law is a twentieth‐century development (Lazarus 2006). The recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, the development of those structures into a larger body of “environmental law,” and the strong influence of environmental law on natural resource laws did not occur until about the 1960s. At that time, numerous influences – including a growing awareness of the unity and fragility of the biosphere; increased public concern over the impact of industrial activity on natural resources and human health; the increasing strength of the regulatory state; and more broadly the advent and success of environmentalism as a political movement –coalesced to produce a huge new body of law in a relatively short period of time. While the modern history of environmental law is one of continuing controversy, by the end of the twentieth century environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, and the larger project of international law.

2.8 Pollution Control Laws

2.8.1 Air Quality Law

Industrial air pollution, now regulated by air quality law:

Air quality laws govern the emission of air pollutants into the atmosphere. A specialized subset of air quality laws regulate the quality of air inside buildings. Air quality laws are often designed specifically to protect human health by limiting or eliminating airborne pollutant concentrations. Other initiatives are designed to address broader ecological problems, such as limitations on chemicals that affect the ozone layer, and emissions trading programs to address acid rain or climate change. Regulatory efforts include identifying and categorizing air pollutants, setting limits on acceptable emissions levels, and dictating necessary or appropriate mitigation technologies.

2.8.2 Water Quality Law

A typical stormwater outfall, subject to water quality law:

Water quality laws govern the release of pollutants into water resources, including surface water, ground water, and stored drinking water. Some water quality laws, such as drinking water regulations, may be designed solely with reference to human health. Many others, including restrictions on the alteration of the chemical, physical, radiological, and biological characteristics of water resources, may also reflect efforts to protect aquatic ecosystems more broadly. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments.

2.8.3 Waste Management Law

A municipal landfill, operated pursuant to waste management law:

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

2.8.4 Contaminant Cleanup Law

Oil spill emergency response, governed by environmental cleanup law:

Environmental cleanup laws govern the removal of pollution or contaminants from environmental media, such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after‐the‐fact to environmental contamination, and consequently must often define not only the necessary response actions but also the parties who may be responsible for undertaking (or paying for) such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post‐remedial monitoring, and site reuse.

2.8.5 Chemical Safety Laws

Chemical safety laws govern the use of chemicals in human activities, particularly man‐made chemicals in modern industrial applications. As contrasted with media‐oriented environmental laws (e.g. air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g. Bisphenol A in plastic bottles) and regulating pesticides.

2.8.6 Water Resources Law

An irrigation ditch, operated in accordance with water resources law:

Water resources laws govern the ownership and use of water resources, including surface water and ground water. Regulatory areas may include water conservation, use restrictions, and ownership regimes.

2.8.7 Mineral Resources Law

Mineral resource laws cover several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.

2.8.8 Forest Resources Law

A timber operation, regulated by forestry law:

Forestry laws govern activities in designated forest lands, most commonly with respect to forest management and timber harvesting. Ancillary laws may regulate forest land acquisition and prescribed burn practices. Forest management laws generally adopt management policies, such as multiple use and sustained yield, by which public forest resources are to be managed. Governmental agencies are generally responsible for planning and implementing forestry laws on public forest lands and may be involved in forest inventory, planning, and conservation, and oversight of timber sales. Broader initiatives may seek to slow or reverse deforestation.

2.8.9 Wildlife and Plants Protection Laws

Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity or as a means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses, prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching.

2.8.10 Fish and Game Laws

Fish and game laws regulate the right to pursue and take or kill certain kinds of fish and wild animal (game). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide a legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice.

2.8.11 Principles

Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole (UNEP 1992). The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for the understanding of environmental law around the world.

2.9 Resource Sustainability

2.9.1 Environmental Impact Assessment

Environmental impact assessment (EA) is the assessment of the environmental consequences both positive and negative of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term “environmental impact assessment” is usually used when applied to actual projects by individuals or companies and the term “strategic environmental assessment” (SEA) applies to policies, plans, and programs most often proposed by organization of state (Eccleston 2017). Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making and may be subject to judicial review.

2.9.2 Sustainable Development

Defined by the United Nations Environment Program (UNEP 1986, 1992, 2001, 2006, 2013) as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs,” sustainable development may be considered together with the concepts of “integration” (development cannot be considered in isolation from sustainability) and “interdependence” (social and economic development, and environmental protection, are interdependent). Laws mandating EPA and requiring or encouraging development to minimize environmental impacts may be assessed against this principle.

The modern concept of sustainable development was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference) and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of which reads: “The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.” Sustainable development has been a core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012).

2.9.3 Equity

Further information: Intergenerational equity

Defined by UNEP to include intergenerational equity – “the right of future generations to enjoy a fair level of the common patrimony” – and intragenerational equity – “the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources” – environmental equity considers the present generation under an obligation to account for long‐term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle.

2.9.4 Transboundary Responsibility

Defined in the international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state. Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle.

2.9.5 Public Participation and Transparency

Identified as essential conditions for “accountable governments ⋯ industrial concerns,” and organizations generally, public participation and transparency are presented by UNEP as requiring “effective protection of the human right to hold and express opinions and to seek, receive and impart ideas … a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality,” and “effective judicial and administrative proceedings.” These principles are present in EPA, laws requiring publication and access to relevant environmental data, and administrative procedure.

2.9.6 Precautionary principle

One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows:

In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost‐effective measures to prevent environmental degradation.

The principle may play a role in any debate over the need for environmental regulation.

2.9.7 Prevention

The concept of prevention … can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques and similar techniques can all be seen as applications of the concept of prevention.

2.10 Polluter Pays Principle

The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.” All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle.

2.11 Theory/Environmental Law Debate

Environmental law is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations vs. market solutions to achieve even agreed‐upon ends.

Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation and are a major factor in debates over whether to ban particular pesticides. In cases where the science is well‐settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion (Oreskes and Conway 2010).

It is very common for regulated industry to argue against environmental regulation on the basis of cost (Pizer and Kopp 2003). Difficulties arise in performing cost‐benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology is summed up by former Senator and founder of Earth Day Gaylord Nelson: “The economy is a wholly owned subsidiary of the environment, not the other way around” (Nelson et al. 2002). Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms.

While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection (Hiss 2014; Stein and Beckel 2004). Environmental law conferences – such as the annual Public Interest Environmental Law Conference in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues.

An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation (Teeter and Sandberg 2017).

2.11.1 Environmental Impact Statement and NEPA Process

An environmental impact statement (EIS), under US environmental law, is a document required by the National Environmental Policy Act (NEPA) for certain actions “significantly affecting the quality of the human environment” (NEPA 1969). An EIS is a tool for decision making. It describes the positive and negative environmental effects of a proposed action, and it usually also lists one or more alternative actions that may be chosen instead of the action described in the EIS. Several US state governments require that a document similar to an EIS be submitted to the state for certain actions.

2.11.2 Purpose of NEPA

The purpose of the NEPA is to promote informed decision making by federal agencies by making “detailed information concerning significant environmental impacts” available to both agency leaders and the public (Robertson v. Methow Valley Citizens Council 1989). The NEPA was the first piece of legislation that created a comprehensive method to assess potential and existing environmental risks at once. It also encourages communication and cooperation between all the actors involved in environmental decisions, including government officials, private businesses, and citizens (Felleman 2013).

In particular, an EIS acts as an enforcement mechanism to ensure that the federal government adheres to the goals and policies outlined in the NEPA. An EIS should be created in a timely manner as soon as the agency is planning development or is presented with a proposal for development. The statement should use an interdisciplinary approach so that it accurately assesses both the physical and social impacts of the proposed development (EIS 2010). In many instances an action may be deemed subject to NEPA's EIS requirement even though the action is not specifically sponsored by a federal agency. These factors may include actions that receive federal funding, federal licensing, or authorization, or that are subject to federal control (Eccleston 2008).

An EIS typically has four sections (Eccleston 2014):

  1. An introduction including a statement of the purpose and need of the proposed action.
  2. A description of the affected environment.
  3. A range of alternatives to the proposed action. Alternatives are considered the “heart” of the EIS.

    An analysis of the environmental impacts of each of the possible alternatives. This section covers topics such as the following:

    • Impacts to threatened or endangered species
    • Air and water quality impacts
    • Impacts to historic and cultural sites, particularly sites of significant importance to indigenous peoples.
    • Social and economic impacts to local communities, often including consideration of attributes such as impacts to available housing stock, economic impacts to businesses, property values, aesthetics, and noise within the affected area.
    • Cost analysis for each alternative, including costs to mitigate expected impacts, to determine if the proposed action is a prudent use of taxpayer dollars.

2.12 International Law

It is well known that the United Nations Conference in Stockholm on the human environment is a landmark milestone at the international arena for the protection of the deteriorating environment. The conference laid emphasis on the need that man's capabilities to transform his surroundings must be wisely used. Wrong and unwise use can do incalculable harm to human beings and the human environment. It was suggested by the Conference that developing countries must direct their efforts toward balancing their priorities with the need to check increasing population. Moreover, the conference identified the areas and laid down the principles on which the nations should take up and enact laws for protecting environment. These principles have been incorporated in the Stockholm Declaration (British Institute of International and Comparative Environmental Law 1992; Caldwell 1996; Koivurova 2014; Muralikrishna and Manickam 2017). In this process, there are national and international dimensions of environmental law.

Global and regional environmental issues are increasingly the subject of international law. Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations (see Appendix B).

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.

Numerous legally binding international agreements encompass a wide variety of issue areas, from terrestrial, marine, and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral) treaties (a.k.a. convention, agreement, protocol, etc.). 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.

While the bodies that proposed, argued, agreed upon, and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972s United Nations Conference on the Human Environment, 1983s World Commission on Environment and Development, 1992s United Nations Conference on Environment and Development, and 2002s World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution, or Body responsible for implementing the agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature.

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 (Hardman Reis 2011). The courts include the International Court of Justice (ICJ), the international Tribunal for the Law of the Sea, the European Court of Justice, European Court of Human Rights, and other regional treaty tribunals.

2.12.1 Africa

According to the International Network for Environmental Compliance and Enforcement, the major environmental issues in Africa are “drought and flooding, air pollution, deforestation, loss of biodiversity, freshwater availability, degradation of soil and vegetation, and widespread poverty.” The USEPA is focused on the “growing urban and industrial pollution, water quality, electronic waste, and indoor air from cook stoves.” They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to “protect human health, particularly vulnerable populations such as children and the poor” (EPA 2012). In order to accomplish these goals in Africa, EPA programs are focused on strengthening the ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards.

2.12.2 Asia

The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR (AECEN 2018).

2.12.3 European Union

The European Union issues secondary legislation on environmental issues that are valid throughout the EU (so‐called regulations) and many directives that must be implemented into national legislation from the 28 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature and biodiversity policy, encompassing the bird directive (79/409/EEC/ changed to 2009/147/EC) and the habitats directive (92/43/EEC), which are made up of multiple SACs (Special Areas of Conservation, linked to the habitats directive) and SPAs (Special Protected Areas, linked to the bird directive) throughout Europe.

EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union. Topics for common EU legislation are as follows:

  • Climate change
  • Air pollution
  • Water protection and management
  • Waste management
  • Soil protection
  • Protection of nature, species, and biodiversity
  • Noise pollution
  • Cooperation for the environment with third countries (other than EU member states)
  • Civil protection

2.12.4 Middle East

The USEPA is working with countries in the Middle East to improve “environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention.”

2.12.5 Oceania

The main concerns on environmental issues in the Oceanic Region are “illegal releases of air and water pollutants, illegal logging/timber trade, illegal shipment of hazardous wastes, including e‐waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity.” The Secretariat of the Pacific Regional Environmental Program (SPREP) is an international organization between Australia, the Cook Islands, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Island, Tonga, Tuvalu, United States, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as to assure sustainable development for future generations (SPREP n.d.; Taylor et al. 2013).

2.12.6 Australia

The Environment Protection and Biodiversity Conservation Act 1999 is the centerpiece of environmental legislation in the Australian Government. It sets up the “legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places” (EPBC 1999). It also focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park, and the environment surrounding nuclear activities (EPBC 1999). Commonwealth v. Tasmania (1983), also known as the “Tasmanian Dam Case,” is the most influential case for Australian environmental law (Commonwealth v Tasmania 1983).

2.12.7 Brazil

The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies of protecting the environment, use natural resources sustainably, and enforce public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon.

2.12.8 Canada

The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of the Environment. Their duties include “the preservation and enhancement of the quality of the natural environment, including water, air and soil quality; renewable resources, including migratory birds and other nondomestic flora and fauna; water; meteorology” (Department of the Environment Act 1985/2009). The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place on 31 March 2000. The Act focuses on “respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development.” Other principle federal statutes include the Canadian Environmental Assessment Act and the Species at Risk Act. When provincial and federal legislation are in conflict, federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights and Clean Water Act (1985).

2.12.9 China

According to the USEPA, “China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system” (EPA Collaboration with China 2017). Explosive economic and industrial growth in China has led to significant environmental degradation, and China is currently in the process of developing more stringent legal controls (McElwee 2011). The harmonization of Chinese society and the natural environment is billed as a rising policy priority (NRDC 2014; Pettit 2014; Stern 2013; Wang 2013).

2.12.10 Ecuador

With the enactment of the 2008 Constitution, Ecuador became the first country in the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and 71–74, recognizes the inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it (CELDF 2017).

The Rights of Nature articles in Ecuador's constitution are part of a reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry, most famously the class‐action litigation against Chevron, and the failure of an extraction‐based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa, and sparked a demand for new approaches to development. In conjunction with this need, the principle of “Buen Vivir,” or good living – focused on social, environmental, and spiritual wealth versus material wealth – gained popularity among citizens and was incorporated into the new constitution (Gudynas 2011).

The influence of indigenous groups, from whom the concept of “Buen Vivir” originates, in the forming of the constitutional ideals also facilitated the incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of “Buen Vivir” (Becker 2011).

2.12.11 Egypt

The Environmental Protection Law outlines the responsibilities of the Egyptian government to “preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on the state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President” (Ministry of Environment Egyptian Environmental Affairs 2009).

2.12.12 Germany

Since 15 November 1994, environmental protection has been enshrined as an objective of the state in Article 20a of the German Basic Law. Constitutional status has thus been afforded to environmental protection and its objectives. All state bodies – in particular the legislature – are required to be “mindful also of [their] responsibility toward future generations” and to protect the environment (Seider 2010):

  • Law on Conservation and Environmental Care (Gesetz über Naturschutz und Landschaftspflege – Bundesnaturschutzgesetz – BNatSchG)
  • Law on Protection for Environmental Harms due to Air Pollution, Noise, etc. (Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge – Bundes‐Immissionsschutzgesetz – BImSchG)
  • Regulation on Drinking Water Quality (Trinkwasserverordnung – TrinkwV)
  • Regulation on Soil Protection (Bundesbodenschutzgesetz – BBSchG)
  • Regulation on Waste Management (Kreislaufwirtschaftsgesetz – KrwG)
  • Regulation on Water Usage (Wasserhaushaltsgesetz – WHG)

2.12.12.1 Environmental Rules for Doing Business in Germany: Legal Requirements

The environmental laws at the federal and state level are generally implemented by the Länder. The highest national authority for environmental matters is the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The 16 Länder also have their own environment ministries.

The Federal Ministry for the Environment and Environment ministries of the Länder collates all acts and regulations within its area of competence. It is broken down into the following fields: General environmental protection; Waste management; Laws on chemicals; Renewable energy/climate protection; Water conservancy; Emission protection; Nuclear safety/radiological protection; Nature and landscape conservation; Chemicals Act (Act on protection against hazardous substances); Chemicals Prohibition Regulation; Hazardous Substances Regulation; and Chemicals Penalty Regulation.

2.12.13 India

In India, environmental law is governed by the Environment Protection Act (EPA, India), 1986 (The Environmental Act 1986; Upadhyay 2012). This act is enforced by the Central Pollution Control Board (CPCB) and the numerous State Pollution Control Boards (SPCBs). Apart from this, there are also individual legislations specifically enacted for the protection of water, air, wildlife, etc. Such legislations include the following:

  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Forest (Conservation) Act, 1980
  • The Air (Prevention and Control of Pollution) Act, 1981
  • Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
  • The Biological Diversity Act, 2002 and the Wild Life Protection Act, 1972
  • Batteries (Management and Handling) Rules, 2001
  • Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
  • The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
  • Water (Prevention and Control of Pollution) Cess Rules, 1978
  • Ganga Action Plan, 1986
  • The Forest (Conservation) Act, 1980
  • The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002. The acts covered under Indian Wild Life Protection Act 1972 do not fall within the jurisdiction of the National Green Tribunal. Appeals can be filed in the Hon'ble Supreme Court of India (The Indian Wildlife Protection Act 1972)
  • Basel Convention on Control of Transboundary Movements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
  • Hazardous Wastes (Management and Handling) Amendment Rules, 2003 (Malik and Malik 2015)

2.13 The Legal and Regulatory Framework for Environmental Protection in India

2.13.1 Introduction

Over the years, together with a spreading of environmental consciousness, there has been a change in the traditionally held perception that there is a trade‐off between environmental quality and economic growth as people have come to believe that the two are necessarily complementary. The current focus on environment is not new environmental considerations have been an integral part of the Indian culture. The need for conservation and sustainable use of natural resources has been expressed in Indian scriptures, more than 3000 years old and is reflected in the constitutional, legislative, and policy framework as also in the international commitments of the country.

Even before India's independence in 1947, several environmental legislations existed but the real impetus for bringing about a well‐developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full‐fledged Ministry of Environment and Forests (MOEF) in 1985 which today is the apex administrative body in India for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties.

Since the 1970s an extensive network of environmental legislation has grown in the country. The MOEF and the pollution control boards (i.e. CPCB and SPCBs) together form the regulatory and administrative core of the sector.

A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MOEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The Environmental Action Program (EAP) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programs.

Other measures have also been taken by the government to protect and preserve the environment. Several sector‐specific policies have evolved, which are discussed at length in the concerned sections. This attempts to highlight only legislative initiatives toward the protection of the environment.

2.13.2 Legislation for Environmental Protection in India

2.13.2.1 Water

Water quality standards especially those for drinking water are set by the Indian Council of Medical Research. These bear close resemblance to WHO standards. The discharge of industrial effluents is regulated by the Indian Standard Codes, and recently water quality standards for coastal water marine outfalls have also been specified. In addition to the general standards, certain specific standards have been developed for effluent discharges from industries, such as iron and steel, aluminum, pulp and paper, oil refineries, petrochemicals, and thermal power plants. Legislation to control water pollution is listed below:

  • Water (Prevention and Control of Pollution) Act, 1974

    This Act represented India's first attempts to comprehensively deal with environmental issues. The Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down penalties for noncompliance. The Act was amended in 1988 to conform closely to the provisions of the USEPA in 1986. It set up the CPCB which lays down standards for the prevention and control of water pollution. At the State level, the SPCBs function under the direction of the CPCB and the state government.

  • Water (Prevention and Control of Pollution) Cess Act, 1977

    This Act provides for a levy and collection of a cess on water consumed by industries and local authorities. It aims at augmenting the resources of the central and state boards for prevention and control of water pollution. Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated in 1978 for defining standards and indications for the kind of and location of meters that every consumer of water is required to install.

2.13.2.2 Air

  • Air (Prevention and Control of Pollution) Act, 1981

    To counter the problems associated with air pollution, ambient air quality standards were established under the 1981 Act. The Act provides means for the control and abatement of air pollution. The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances as well as by regulating appliances that give rise to air pollution. Under the Act, establishing or operating of any industrial plant in the pollution control area requires consent from state boards. The boards are also expected to test the air in air pollution control areas, inspect pollution control equipment, and manufacturing processes.

National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to protect public health, vegetation, and property (CPCB 1995 cited in Gupta 1999). The NAAQS prescribe specific standards for industrial, residential, rural, and other sensitive areas. Industry‐specific emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil refineries, and the aluminum industry. The ambient quality standards prescribed in India are similar to those prevailing in many developed and developing countries.

To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The power to cancel consent for nonfulfillment of the conditions prescribed has also been emphasized in the Air Act Amendment.

The Air (Prevention and Control of Pollution) Rules formulated in 1982 defined the procedures for conducting meetings of the boards, the powers of the presiding officers, decision making, the quorum, manner in which the records of the meeting were to be set, etc. They also prescribed the manner and the purpose of seeking assistance from specialists and the fee to be paid to them.

Complementing the above acts is the Atomic Energy Act of 1982, which was introduced to deal with radioactive waste. In 1988, the Motor Vehicles Act was enacted to regulate vehicular traffic, besides ensuring proper packaging, labeling, and transportation of the hazardous wastes. Various aspects of vehicular pollution have also been notified under the USEPA of 1986. Mass emission standards were notified in 1990, which were made more stringent in 1996. In 2000 these standards were revised yet again and for the first time separate obligations for vehicle owners, manufacturers, and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II emission norms were notified by the Supreme Court on 29 April 1999 for the city of Delhi. The notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May 1999 and April 2000, respectively, for new noncommercial vehicle sold in Delhi.

2.13.2.3 Forests and Wildlife

  • The Wildlife (Protection) Act, 1972, Amendment 1991

    The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park, or closed area. There is a blanket ban on carrying out any industrial activity inside these protected areas. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks, and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or so disabled or diseased as to be beyond recovery (WWF‐India, 1999). The near‐total prohibition on hunting was made more effective by the Amendment Act of 1991.

The Forest (Conservation) Act, 1980 

This Act was adopted to protect and conserve forests. The Act restricts the powers of the state in respect of de‐reservation of forests and use of forestland for non‐forest purposes (the term non‐forest purpose includes clearing any forestland for cultivation of cash crops, plantation crops, horticulture, or any purpose other than re‐afforestation).

2.13.3 General

2.13.3.1 Environment (Protection) Act, 1986 (USEPA)

This Act is an umbrella legislation designed to provide a framework for the coordination of central and state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981. Under this Act, the central government is empowered to take measures necessary to protect and improve the quality of the environment by setting standards for emissions and discharges, regulating the location of industries, management of hazardous wastes, and protection of public health and welfare.

From time to time the central government issues notifications under the USEPA for the protection of ecologically sensitive areas or issues guidelines for matters under the USEPA.

The following are some notifications issued under this Act:

  • Doon Valley Notification (1989), which prohibits the setting up of an industry in which the daily consumption of coal/fuel is more than 24 million T/day in the Doon Valley.
  • Coastal Regulation Zone Notification (1991), which regulates activities along coastal stretches. As per this notification, dumping ash or any other waste in the CRZ is prohibited. The thermal power plants (only foreshore facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated waste water/cooling water) require clearance from the MOEF.
  • Dhanu Taluka Notification (1991), under which the district of Dhanu Taluka has been declared an ecologically fragile region and setting up power plants in its vicinity is prohibited.
  • Revdanda Creek Notification (1989), which prohibits setting up industries in the belt around the Revdanda Creek as per the rules laid down in the notification.
  • The Environmental Impact Assessment of Development Projects Notification (1994 and as amended in 1997). As per this notification:
    • All projects listed under Schedule I require environmental clearance from the MOEF.
    • Projects under the delicensed category of the New Industrial Policy also require clearance from the MOEF.
    • All developmental projects whether or not under the Schedule I, if located in fragile regions must obtain MOEF clearance.
    • Industrial projects with investments above ₹500 million must obtain MOEF clearance and are further required to obtain a LOI (Letter Of Intent) from the Ministry of Industry, and an NOC (No Objection Certificate) from the SPCB and the State Forest Department if the location involves forestland. Once the NOC is obtained, the LOI is converted into an industrial license by the state authority.
    • The notification also stipulated procedural requirements for the establishment and operation of new power plants. As per this notification, two‐stage clearance for site‐specific projects such as pithead thermal power plants and valley projects is required. Site clearance is given in the first stage and final environmental clearance in the second. A public hearing has been made mandatory for projects covered by this notification. This is an important step in providing transparency and a greater role to local communities.
  • Ash Content Notification (1997), required the use of beneficiated coal with ash content not exceeding 34% with effect from June 2001. This applies to all thermal plants located beyond 1000 km from the pithead and any thermal plant located in an urban area or sensitive area irrespective of the distance from the pithead except any pithead power plant.
  • Taj Trapezium Notification (1998), provided that no power plant could be set up within the geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution (Prevention and Control) Authority.
  • Disposal of Fly Ash Notification (1999), the main objective of which is to conserve the topsoil, protect the environment, and prevent the dumping and disposal of fly ash discharged from lignite‐based power plants. The salient feature of this notification is that no person within a radius of 50 km from a coal‐or lignite‐based power plant shall manufacture clay bricks or tiles without mixing at least 25% of ash with soil on a weight‐to‐weight basis. For the thermal power plants the utilization of the fly ash would be as follows:
    • Every coal‐or lignite‐based power plant shall make available ash for at least ten years from the date of publication of the above notification without any payment or any other consideration, for the purpose of manufacturing ash‐based products such as cement, concrete blocks, bricks, panels, or any other material or for construction of roads, embankments, dams, dykes, or for any other construction activity.
    • Every coal‐ or lignite‐based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilization of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan.

Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro‐organisms/Genetically Engineered Organisms or Cell were introduced in 1989 with the view to protect the environment, nature, and health in connection with gene technology and micro‐organisms, under the Environmental Protection Act, 1986. In 1991, the government further decided to institute a national label scheme for environmentally friendly products called the “ECOMARK.” The scheme attempts to provide incentives to manufactures and importers to reduce adverse environmental impacts, reward genuine initiatives by companies, and improve the quality of the environment and sustainability of available resources. Besides the above attempts, notifications pertaining to Recycled Plastics Manufacture and Usage Rules, 1999 were also incorporated under the Environment (Protection) Act of 1986.

2.13.3.2 The Environment (Protection) Rules, 1986

These rules lay down the procedures for setting standards of emission or discharge of environmental pollutants. The Rules prescribe the parameters for the Central Government, under which it can issue orders of prohibition and restrictions on the location and operation of industries in different areas. The Rules lay down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory reports. The functions of the laboratories are also described under the Rules along with the qualifications of the concerned analysts.

2.13.3.3 The National Environment Appellate Authority Act, 1997

This Act provided for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industry operation or process or class of industries, operations or processes could not carry out or would be allowed to carry out subject to certain safeguards under the Environment Protection Act, 1986.

In addition to these, various acts specific to the coal sector have been enacted. The first attempts in this direction can be traced back to the Mines Act, 1952, which promoted health and safety standards in coal mines. Later the Coal Mines (Conservation and Development) Act (1974) came up for conservation of coal during mining operations. For conservation and development of oil and natural gas resources, a similar legislation was enacted in 1959.

2.13.4 Hazardous Wastes

There are several legislations that directly or indirectly deal with hazardous waste. The relevant legislations are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment Tribunal Act, 1995, and some notifications under the Environmental Protection Act of 1986. A brief description of each of these is given in the following.

Under the USEPA 1986, the MOEF has issued several notifications to tackle the problem of hazardous waste management. These include the following:

  • Hazardous Wastes (Management and Handling) Rules, 1989, which brought out a guide for manufacture, storage, and import of hazardous chemicals and for management of hazardous wastes.
  • Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper disposal, segregation, transport, etc. of infectious wastes.
  • Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable municipalities to dispose municipal solid waste in a scientific manner.
  • Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a recent notification issued with the view to providing guidelines for the import and export of hazardous waste in the country.

2.13.4.1 Factories Act, 1948 and Its Amendment in 1987

The Factories Act, 1948 was a postindependence statute that explicitly showed concern for the environment. The primary aim of the 1948 Act has been to ensure the welfare of workers not only in their working conditions in the factories but also their employment benefits. While ensuring the safety and health of the workers, the Act contributes to environmental protection. The Act contains a comprehensive list of 29 categories of industries involving hazardous processes, which are defined as a process or activity where unless special care is taken, raw materials used therein or the intermediate or the finished products, by‐products, wastes, or effluents would

  • cause material impairment to health of the persons engaged
  • result in the pollution of the general environment

2.13.4.2 Public Liability Insurance Act (PLIA), 1991

The Act covers accidents involving hazardous substances and insurance coverage for these. Where death or injury results from an accident, this Act makes the owner liable to provide relief as is specified in the Schedule of the Act. The PLIA was amended in 1992, and the Central Government was authorized to establish the Environmental Relief Fund, for making relief payments.

2.13.4.3 National Environment Tribunal Act, 1995

The Act provided strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to give relief and compensation for damages to persons, property, and the environment and for the matters connected therewith or incidental thereto.

2.13.5 International Agreements on Environmental Issues

India is signatory to a number of multilateral environment agreements (MEA) and conventions. An overview of some of the major MEAs and India's obligations under these is presented below. This issue is discussed in the Section 2.9.4 in Chapter 2.

2.13.5.1 Convention on International Trade in Endangered Species (CITES), of Wild Fauna and Flora, 1973

The aim of CITES is to control or prevent international commercial trade in endangered species or products derived from them. CITES does not seek to directly protect endangered species or curtail development practices that destroy their habitats. Rather, it seeks to reduce the economic incentive to poach endangered species and destroy their habitat by closing off the international market. India became a party to the CITES in 1976. International trade in all wild flora and fauna in general and species covered under CITES is regulated jointly through the provisions of The Wildlife (Protection) Act 1972, the Import/Export policy of Government of India, and the Customs Act 1962 (Bajaj 1996).

2.13.5.2 Montreal Protocol on Substances that Deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987

The Montreal Protocol to the Vienna Convention on Substances that deplete the Ozone Layer, came into force in 1989. The protocol set targets for reducing the consumption and production of a range of ozone depleting substances (ODS). In a major innovation, the Protocol recognized that all nations should not be treated equally. The agreement acknowledges that certain countries have contributed to ozone depletion more than others. It also recognizes that a nation's obligation to reduce current emissions should reflect its technological and financial ability to do so. Because of this, the agreement sets more stringent standards and accelerated phase‐out timetables to countries that have contributed most to ozone depletion (Divan and Rosencranz 2002).

India acceded to the Montreal Protocol along with its London Amendment in September 1992. The MOEF has established an Ozone Cell and a steering committee on the Montreal Protocol to facilitate implementation of the India Country Program, for phasing out ODS production by 2010.

To meet India's commitments under the Montreal Protocol, the Government of India has also taken certain policy decisions:

  • Goods required to implement ODS phase‐out projects funded by the Multilateral Fund are fully exempt from duties. This benefit has been also extended to new investments with non‐ODS technologies.
  • Commercial banks are prohibited from financing or refinancing investments with ODS technologies.

The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase‐out called the Ozone Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment (Protection) Act, 1986. These rules were drafted by the MOEF following consultations with industries and related government departments.

2.13.5.3 Basel Convention on Transboundary Movement of Hazardous Wastes, 1989

Basel Convention, which entered into force in 1992, has three key objectives:

  1. To reduce transboundary movements of hazardous wastes
  2. To minimize the creation of such wastes
  3. To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an environmentally sound manner

India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes Management Rules Act, 1989 encompasses some of the Basel provisions related to the notification of import and export of hazardous waste, illegal traffic, and liability.

2.13.5.4 UN Framework Convention on Climate Change (UNFCCC), 1992

The primary goals of the UNFCCC were to stabilize greenhouse gas (GHG) emissions at levels that would prevent dangerous anthropogenic interference with the global climate. The convention embraced the principle of common but differentiated responsibilities which has guided the adoption of a regulatory structure.

India signed the agreement in June 1992, which was ratified in November 1993. As per the convention, the reduction/limitation requirements apply only to developed countries. The only reporting obligation for developing countries relates to the construction of a GHG inventory. India has initiated the preparation of its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks, potential vulnerability to climate change, adaptation measures, and other steps being taken in the country to address climate change. The further details on UNFCC and the Kyoto Protocol are provided in Chapter 5.

2.13.5.5 Convention on Biological Diversity, 1992

The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity, sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.

The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous people's rights.

India's initiatives under the Convention are detailed in Section 2.13.2.3. These include the promulgation of the Wildlife (Protection) Act of 1972, amended in 1991, and participation in several international conventions such as CITES.

2.13.5.6 UN Convention on Desertification, 1994

Delegates to the 1992 UN Conference on Environment and Development (UNCED) recommended establishment of an intergovernmental negotiating committee for the elaboration of an international convention to combat desertification in countries experiencing serious drought and/or desertification. The UN General Assembly established such a committee in 1992 that later helped formulation of Convention on Desertification in 1994.

The convention is distinctive as it endorses and employs a bottom‐up approach to international environmental cooperation. Under the terms of the convention, activities related to the control and alleviation of desertification and its effects are to be closely linked to the needs and participation of local land‐users and nongovernmental organizations. Seven countries in the South Asian region are signatories to the Convention, which aims at tackling desertification through national, regional, and sub‐regional action programs. The Regional Action Program has six Thematic Program Networks (TPNs) for the Asian region, each headed by a country task manager. India hosts the network on agroforestry and soil conservation. For details refer to Section 2.12.13.

2.13.5.7 International Tropical Timber Agreement and the International Tropical Timber Organization (ITTO), 1983, 1994

The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in 1985 and became operational in 1987. The ITTO facilitates discussion, consultation, and international cooperation on issues relating to the international trade and utilization of tropical timber and the sustainable management of its resource base. The successor agreement to the ITTA (1983) was negotiated in 1994 and came into force on 1 January 1997. The organization has 57 member countries. India ratified the ITTA in 1996.

2.13.6 An Assessment of the Legal and Regulatory Framework for Environmental Protection in India

The extent of the environmental legislation network is evident from the above discussion, but the enforcement of the laws has been a matter of concern. One commonly cited reason is the prevailing command and control nature of the environmental regime. Coupled with this is the prevalence of all or nothing approach of the law; they do not consider the extent of violation. Fines are levied on a flat basis and in addition there are no incentives to lower the discharges below prescribed levels.

Some initiatives have addressed these issues in the recent past. The Government of India came out with a Policy Statement for Abatement of Pollution in 1992, before the Rio conference, which declared that market‐based approaches would be considered in controlling pollution. It stated that economic instruments will be investigated to encourage the shift from curative to preventive measures, internalize the costs of pollution and conserve resources, particularly water. In 1995, MOEF constituted a task force to evaluate market‐based instruments, which strongly advocated their use for the abatement of industrial pollution. Various economic incentives have been used to supplement the command‐and‐control policies. Depreciation allowances, exemptions from excise or customs duty payment, and arrangement of soft loans for the adoption of clean technologies are instances of such incentives. Another aspect that is evident is the shift in the focus from end‐of‐pipe treatment of pollution to treatment at source. The role of remote sensing and geographical information systems in natural resource management and environmental protection has also gained importance over time. India has made commendable advances in the use of remote sensing for natural resource management and in integrating environmental and development at the policy planning and management levels.

An important recent development is the rise of judicial activism in the enforcement of environmental legislation. This is reflected in the growth of environment‐related public litigation cases that have led the courts to take major steps such as ordering the shutdown of polluting factories.

Agenda 21 highlights the need for integration of environmental concerns at all stages of policy, planning, and decision‐making processes, including the use of an effective legal and regulatory framework, economic instruments, and other incentives. These very principles were fundamental to guiding environmental protection in the country well before Rio and will be reinforced, drawing on India's own experiences and those of other countries.

2.13.7 Emerging Environmental Challenges

India's economic development propelled by rapid industrial growth and urbanization is causing severe environmental problems that have local, regional, and global significance. Deforestation, soil erosion, water pollution, and land degradation continue to worsen and are hindering economic development in rural India, while the rapid industrialization and urbanization in India's booming metropolizes are straining the limits of municipal services and causing serious environmental problems.

More than 20 cities in India have populations of over one million, and some of them, including New Delhi, Mumbai, Chennai, and Kolkata, are among the world's most polluted. Assuming continued economic liberalization and increased urbanization, the damage to environment and health could be enormous if precautionary measures are not taken. The challenge, therefore, is to maintain the quality of air, water, and land and protect the environment by reconciling environmental, social, and economic imperatives.

Air quality data in India's major cities indicate that ambient levels of air pollutants exceed both the World Health Organization and Indian standards, particularly for particulate matter. Of the total air pollution load nationwide, vehicular sources contribute 64%, thermal power plants 16%, industries 13%, and the domestic sector 7%. Environmental effects from growing fossil fuel use can only worsen as India seeks to meet the energy needs of its growing economy. It is estimated that over 96% of India's total demand for commercial energy is met by fossil fuel with coal contributing 60% and petroleum products providing the remaining 36%.

India's rivers and streams suffer from high levels of pollution from waste generated primarily from industrial processes and municipal activities. Untreated sewage and nonindustrial wastes account for four times as much pollution as industrial effluents. While it is estimated that 75% of the wastewater generated is from municipal sources, industrial waste from large‐ and medium‐sized plants contributes to over 50% of the total pollution loads. In major cities, less than 5% of the total waste is collected and less than 25% of this treated.

To address these environmental challenges in coordination with the state governments, the central government has identified and targeted 17 highly polluting industries and 24 environmental problem areas. The chemical and engineering industries are at the top of the government's list since they are the major contributors to air, water, and waste pollution. These industries include integrated iron and steel plants, nonferrous metallurgical units, pharmaceutical and petrochemical complexes, fertilizers and pesticide plants, thermal power plants, textiles, pulp and paper, tanneries, and chloralkali units.

The Government of India has established an environmental legal and institutional system to meet these challenges within the overall framework of India's development agenda and international principles and norms. Recently, the Government put forward the National Environment Policy which provides a guide to action in regulatory reform, environmental conservation, and enactment of legislation by government agencies at all levels.

2.13.7.1 Japan

The Basic Environmental Law is the basic structure of Japan's environmental policies replacing the Basic Law for Environmental Pollution Control and the Nature Conservation Law. The updated law aims to address “global environmental problems, urban pollution by everyday life, loss of accessible natural environment in urban areas and degrading environmental protection capacity in forests and farmlands” (Govt. of Japan and Ministry of the Environment 1967).

The three basic environmental principles that the Basic Environmental Law follows are “the blessings of the environment should be enjoyed by the present generation and succeeded to the future generations, a sustainable society should be created where environmental loads by human activities are minimized, and Japan should contribute actively to global environmental conservation through international cooperation.” From these principles, the Japanese government have established policies such as “environmental consideration in policy formulation, establishment of the Basic Environment Plan which describes the directions of long‐term environmental policy, environmental impact assessment for development projects, economic measures to encourage activities for reducing environmental load, improvement of social infrastructure such as sewerage system, transport facilities etc., promotion of environmental activities by corporations, citizens and NGOs, environmental education, and provision of information, promotion of science and technology” (Govt. of Japan, Ministry of the Environment 1967).

2.13.7.2 New Zealand

The Ministry for the Environment and Office of the Parliamentary Commissioner for the Environment were established by the Environment Act 1986. These positions are responsible for advising the Minister on all areas of environmental legislation. A common theme of New Zealand's environmental legislation is sustainably managing natural and physical resources, fisheries, and forests. The Resource Management Act 1991 is the main piece of environmental legislation that outlines the government's strategy to managing the “environment, including air, water soil, biodiversity, the coastal environment, noise, subdivision, and land use planning in general” (Govt. of New Zealand, Environmental Act 1986; Wells 1984).

2.13.7.3 Russia

The Ministry of Natural Resources and Environment of the Russian Federation makes regulation regarding “conservation of natural resources, including the subsoil, water bodies, forests located in designated conservation areas, fauna and their habitat, in the field of hunting, hydrometeorology and related areas, environmental monitoring and pollution control, including radiation monitoring and control, and functions of public environmental policy making and implementation and statutory regulation” (Ministry of Natural Resources and Environment of the Russian Federation 1986).

2.13.7.4 South Africa

South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical, and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land‐use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act provides the underlying framework for environmental law (South African National Environmental Management Act 1998).

2.13.7.5 United Kingdom

United Kingdom environmental law concerns the protection of the environment in the United Kingdom. Environmental law is increasingly a European and an international issue, due to the cross‐border issues of air and water pollution, and man‐made climate change.

History 

In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pig sties (Aldred's Case 1610), strict liability against dumping rubbish (R v. Stephens 1866), or damage from exploding dams (Rylands v. Fletcher 1898). Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources.

  • 1306, Edward I briefly banned coal fires in London.
  • John Evelyn, Fumifugium (1661) argued for burning fragrant wood instead of mineral coal, which he believed would reduce coughing.
  • Ballad of Gresham College (1661) describes how the smoke “does our lungs and spirits choke, Our hanging spoil, and rust our iron.”
  • In 1800, 1 million T of coal were burned in London, and 15 million across the United Kingdom.
  • Smoke Nuisance Abatement (Metropolis) Act 1853.
  • John Snow in 1854 discovered that the water pump on Broad Street, Soho, was responsible for 616 cholera deaths because it was contaminated by an old cesspit leaking fecal bacteria. Germ theory of disease began to replace miasma theory that had lingered since the Black Death.

During the “Great Stink” of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to “clean up,” but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system.

  • Alkali Act 1863 and Alkali Act 1874, amended 1906
  • WS Jevons, The Coal Question; An Inquiry Concerning the Progress of the Nation, and the Probable Exhaustion of Our Coal Mines (1865)
  • Ground Game Act 1880, Night Poaching Act 1828, Game Act 1831, game preservation
  • James Johnston (socialist politician), president of the Smoke Abatement League, international conference in 1911

London also suffered from terrible air pollution, and this culminated in the “Great Smog” of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and business (particularly burning coal), while an inspectorate would enforce compliance. It required zones for smokeless fuel to be burned and relocated power stations.

  • Clean Air Act 1968 required tall chimneys to disperse pollution.

2.14 United States Environmental Law

United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over‐regulation, the country remains an important source of environmental legal expertise and experience.

2.14.1 Scope

The United States Congress has enacted federal statutes intended to address pollution control and remediation, including for example the Clean Air Act (air pollution), the Clean Water Act (water pollution), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) (contaminated site cleanup). There are also federal laws governing natural resources use and biodiversity which are strongly influenced by environmental principles, including the Endangered Species Act, National Forest Management Act, and Coastal Zone Management Act. The National Environmental Policy Act, governing environmental impact review in actions undertaken or approved by the US federal government, may implicate all of these areas.

Federalism in the United States has played a role in the shape of national environmental legislation. Many federal environmental laws employ cooperative federalism mechanisms – many federal regulatory programs are administered in coordination with the US states. Furthermore, the states generally have enacted their own laws to cover areas not preempted by federal law. This includes areas where Congress had acted in limited fashion (e.g. state site cleanup laws to handle sites outside Superfund) and where Congress has left regulation primarily to the states (e.g. water resources law).

2.14.2 History

The history of environmental law in the United States can be traced back to early roots in common law doctrines, for example, the law of nuisance and the public trust doctrine. The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act of 1972 (CWA). However, most current major environmental statutes, such as the federal statutes listed previously, were passed in the time spanning the late 1960s through the early 1980s. Prior to the passage of these statutes, most federal environmental laws were not nearly as comprehensive.

Silent Spring, a 1962 book by Rachel Carson, is frequently credited as launching the environmental movement in the United States. The book documented the effects of pesticides, especially DDT, on birds and other wildlife (Carson 1962; Hynes 1989). Among the most significant environmental disasters of the 1960s was the 1969 Santa Barbara oil spill, which generated considerable public outrage as Congress was considering several major pieces of environmental legislation. (See Environmental movement in the United States, Clean Water Act (1972), USEPA.)

One lawsuit that has been widely recognized as one of the earliest environmental cases is Scenic Hudson Preservation Conference v. Federal Power Commission, decided in 1965 by the Second Circuit Court of Appeals, prior to passage of the major federal environmental statutes. The case helped halt the construction of a power plant on Storm King Mountain in New York State. The case has been described as giving birth to environmental litigation and helping create the legal doctrine of standing to bring environmental claims (Scenic Hudson Inc. 1963). The Scenic Hudson case also is said to have helped inspire the passage of the NEPA, and the creation of such environmental advocacy groups as the Natural Resources Defense Council.

2.14.3 Legal Sources

Laws from every stratum of the laws of the United States pertain to environmental issues. Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive. Concurrently, the legislatures of the 50 states have passed innumerable comparable sets of laws. These state and federal systems are foliated with layer upon layer of administrative regulation. Meanwhile, the US judicial system reviews not only the legislative enactments but also the administrative decisions of the many agencies dealing with environmental issues. Where the statutes and regulations end, the common law begins (Superfund Regulations 2017).

2.14.4 Federal Regulation

Consistent with the federal statutes that they administer, US federal agencies promulgate regulations in the CFR that fill out the broad programs enacted by Congress. Primary among these is Title 40 of the CFR, containing the regulations of the EPA. Other important CFR sections include Title 10 (energy), Title 18 (Conservation of Power and Water Resources), Title 21 (Food and Drugs), Title 33 (Navigable Waters), Title 36 (Parks, Forests and Public Property), Title 43 (Public Lands: Interior), and Title 50 (Wildlife and Fisheries).

2.14.5 Judicial Decisions

The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests. The decisions of the Supreme Court in cases such as Calvert Cliffs Coordinating Committee v. U.S. Atomic Energy Commission (broadly reading the procedural requirements of NEPA), Tennessee Valley Authority v. Hill (broadly reading the Endangered Species Act), and, much more recently 14 May 2015, Massachusetts v. EPA (requiring EPA to reconsider regulation of greenhouse gases under the Clean Air Act) have had policy impacts far beyond the facts of the particular case.

2.14.6 Common Law

The common law of tort is an important tool for the resolution of environmental disputes that fall beyond the confines of regulated activity. Prior to the modern proliferation of environmental regulation, the doctrines of nuisance (public or private), trespass, negligence, and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes. These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change (Lehman and Phelps 2004).

The common law also continues to play a leading role in American water law, in the doctrines of riparian rights and prior appropriation.

2.14.7 Administration

In the United States, responsibilities for the administration of environmental laws are divided between numerous federal and state agencies with varying, overlapping, and sometimes conflicting missions. EPA is the most well‐known federal agency, with jurisdiction over many of the country's national air, water, and waste and hazardous substance programs (USEPA 2017a, b). Other federal agencies, such as the U.S. Fish and Wildlife Service and National Park Service pursue primarily conservation missions (US Fish & Wildlife Service 2018; US National Park Service 2018), while still others, such as the United States Forest Service and the Bureau of Land Management, tend to focus more on beneficial use of natural resources (US Bureau of Land Management 2018; US Forest Service 2018).

Federal agencies operate within the limits of federal jurisdiction. For example, EPA's jurisdiction under the CWA is limited to “waters of the United States.” In many cases, federal laws allow for more stringent regulation by states, and of transfer of certain federally mandated responsibilities from federal to state control. US state governments, therefore, administering state law adopted under state police powers or federal law by delegation, uniformly include environmental agencies (USEPA Heath and Environmental Agencies 2018). The extent to which state environmental laws are based on or depart from federal law varies from jurisdiction to jurisdiction.

Thus, while a permit to fill nonfederal wetlands might require a permit from a single state agency, larger and more complex endeavors – for example, the construction of a coal‐fired power plant – might require approvals from numerous federal and state agencies.

2.14.8 Enforcement

In the United States, violations of environmental laws are generally civil offenses, resulting in monetary penalties and, perhaps, civil sanctions such as injunction. Many environmental laws also provide for criminal penalties for egregious violations. Some federal laws, such as the CWA, also allow a US citizen to file a lawsuit against a violator, if the government has failed to take enforcement action (USEPA Clean Water Act 1972).

Environmental agencies often include separate enforcement offices, with duties including monitoring permitted activities, performing compliance inspections, issuing citations, and prosecuting wrongdoing (civilly or criminally, depending on the violation). EPA's Office of Enforcement and Compliance Assurance is one such agency. Others, such as the United States Park Police, carry out more traditional law enforcement activities.

Adjudicatory proceedings for environmental violations are often handled by the agencies themselves under the structures of administrative law. In some cases, appeals are also handled internally (e.g. EPA's Environmental Appeals Board). Generally, final agency determinations may subsequently be appealed to the appropriate court.

2.14.9 Education and Training

Environmental law courses are offered as elective courses in the second and third years of JD study at many American law schools. Curricula vary: an introductory course might focus on the “big five” federal statutes – National Environmental Policy Act (NEPA), Clean Air Act, CWA, CERCLA (Superfund), and Resource Conservation and Recovery Act (or, alternatively, the Federal Insecticide, Fungicide, and Rodenticide Act) – and may be offered in conjunction with a natural resources law course. Smaller seminars may be offered on more focused topics. Some US law schools also offer an LLM or JSD specialization in environmental law. Additionally, several law schools host legal clinics that focus on environmental law, providing students with an opportunity to learn about environmental law in the context of real world disputes involving actual clients (Babich 2004). U.S. News & World Report has consistently ranked Vermont Law School, Lewis & Clark Law School, and Pace University School of Law as the top three Environmental Law programs in the United States, with Lewis & Clark and Vermont frequently trading the top spot.

Many American law schools host student‐published law journals. The environmental law reviews at Yale, Harvard, Stanford, Columbia, NYU, and Lewis & Clark Law School are regularly the most‐cited such publications (http://lawlib.wlu.edu/LJ).

International environmental lawyers often receive specialized training in the form of an LLM degree at US institutions, after having a first law degree – often in another country from where they got their first law degree.

2.14.10 Vietnam

Vietnam is currently working with the USEPA on dioxin remediation and technical assistance in order to lower methane emissions. In March 2002, the United States and Vietnam signed the US–Vietnam Memorandum of Understanding on Research on Human Health and the Environmental Effects of Agent Orange/Dioxin (Vietnam Environment Administration, Ministry of Natural Resources and Environment 2002).

2.15 ISO 9000 and 14000

ISO, the International Standards Organization, is a worldwide program that was founded in 1947 to promote the development of international manufacturing, trade, and communication standards. The initial focus of body with representatives from all industrialized nations. ISO membership includes over 100 countries. The American National Standards Institute (ANSI) is the US counterpart and representative to ISO. ISO essentially receives input from government, industry, and other interested parties before developing a standard. All standards developed by ISO are voluntary; thus, there are no legal requirements to force countries to adopt them. However, countries and industries often adopt ISO standards as requirements for doing and maintaining business.

ISO develops standards in all industries except those related to electrical and electronic engineering. Standards in those areas are developed by the Geneva‐based International Electrotechnical Commission, which has members from many countries, including the United States.

The purpose and goal of ISO is to improve the climate for international trade by “leveling the playing field.” The concept is that by encouraging uniform practices around the world, barriers to trade will be reduced. If the management processes of companies in any other country, then international trade would be made simpler.

2.15.1 Green Accounting Practices and Other Quality Manufacturing and Business Management Paradigms

Readers familiar with various quality industrial management paradigms might have noticed that green accounting and capital budgeting practices are frequently compatible with general strategies for improving manufacturing and business management. These various strategies tend to work together to form a general philosophy of quality improvement; companies and industries that are accustomed to tracking and improving the productivity of labor and capital are just now realizing that it benefits them to do the same for energy and other resources. In quality management, many companies seek external certification of their management systems through ISO or similar organizations at a national level. More recently, ISO standards have been set for management practices.

ISO 9000 lays down guidelines of how to establish and operate an efficient quality assurance system, covering most aspects of a business and its procedures, and specifies that such procedures must be documented in a quality assurance manual (ISO 9000 2018a). How the system is implemented, managed, and periodically reviewed to ensure compliance and continued effectiveness also has to be clearly documented. Customers of any ISO 9000‐approved company should feel assured that they are buying from an organization that exercises tight control over its whole business, and the end product will be consistent with the declared specifications. ISO 9000 is a recognized business management standards for quality systems or assurances, and certification is fairly common now. To be certified, companies and businesses must show that they have the required quality management system (QMS) in place (see also Section 8.1).

ISO 14000 has also developed standards for environmental management. ISO environmental management standards are similar to ISO 9000 quality management standards except that they focus on environmental management, of which total cost accounting is a component. Note that ISO 14000 certification is based on whether or not a company has systems in place for managing environmental responsibilities, but not on environment performance. It does NOT require compliance with the regulations of the country in which the company is located. In some countries, it is possible that regulations may be more stringent than the standard. It seems likely, however, that in some companies achieving certification of adherence to the standard would improve the quality of environmental practices in that country. If, as expected, many countries adopt laws that require imported products to have been produced by companies certified to be adhering to ISO 140000, then environmental practices will almost certainly be improved worldwide (ISO 14000 2018b).

ISO 14000 describes in considerable detail what a company must do without prescribing how it must or can be accomplished. Examples of the some components of the ISO 14000 environmental management systems are as follows:

  1. Environmental management principles
  2. Environmental labeling
  3. Environmental performance evaluation
  4. Life cycle assessment
  5. Principles of environmental auditing
  6. Terms and definitions

The environmental management system (EMS) of ISO 14001 is part of the general management system that includes organizational structure, planning activities, responsibilities, practices, procedures, and resources for developing, implementing, achieving, reviewing, and maintaining the environmental policy of an organization. It is a structured process for the achievement of continual improvement related to environmental matters. The facility has the flexibility to define its boundaries and many choose to carry out this standard with respect to the entire organization or to focus the EMS on specific operating units or activities of the organization.

The EMS enables an organization to identify the significant environmental impacts that may have arisen or that may arise from the organization's past, existing, or planned activities, products, or services. It helps the organization to identify relevant environment, legislative, and regulatory requirements that may be imposed on it. Finally, the EMS helps in planning, monitoring, auditing, corrective action, and review activities to assure compliance with established policy and allows a company to be proactive in terms of meeting anticipated new standards and compliance objectives.

The following are the advantages and disadvantages of the ISO 14000 series:

Advantages

  1. The ISO 14000 standards provide industry with a structure for managing their environmental problems, which presumably will lead to better environmental performance.
  2. It facilitates trade and minimizes trade barriers by harmonization of difference national standards. As a consequence, multiple inspections, certifications, and other conflicting requirements could be reduced.
  3. It expands possible market opportunities.
  4. In developing countries, ISO 14000 can be used as a way to enhance regulatory systems that are either nonexistent or weak in their environmental performance requirements.
  5. A number of potential cost savings can be expected, including
    • increased overall operating efficiency and higher productivity
    • minimized liability claims and risk
    • improved compliance record (avoided fines and penalties)
    • lower insurance rates

Disadvantages

  1. Implementation of ISO 14000 standards can be a tedious and expensive process.
  2. ISO 14000 standards can indirectly create a technical trade barrier to both small business and developing countries due to limited knowledge and resources (e.g. complexity of the process and high cost of implementation, lack of registration and accreditation infrastructure, etc.)
  3. ISO 14000 standards are voluntary. However, some countries may make ISO 14000 standards a regulatory requirement that can potentially lead to a trade barrier for foreign countries who cannot comply with the standards.
  4. Certification/registration issues, including
    • the role of self‐declaration versus third‐party auditing
    • accreditation of the registrars
    • competence of ISO 14000 auditors
    • harmonization and worldwide recognition of ISO 14000 registration

Auditing a facility for certification involves several steps. Proper planning and management are very essential for effective auditing. The (lead) auditor must prepare an audit plan to ensure a smooth audit process. The audit plan must, in general, remain flexible so that any changes to the audit that are found necessary during the actual audit process can be made without compromising the audit.

An audit plan must include the following 10 items:

  1. A stated scope and objective(s) for the audit. This includes the reason for conducting the audit, the information required, and the expectation of the audit.
  2. Specification of the place, the facility, the date of the audit, and the number of days required to perform the audit.
  3. Identification of high‐priority items, the facility's and/or organization's EMS.
  4. Identification of key personnel who will be involved in the auditing process.
  5. Identification of standards and procedures (ISO 14001) that will be used to determine the conformance of various EMS elements.
  6. Identification of audit team members, including their special skills, experience, and audit background.
  7. Specification of opening and closing meeting times.
  8. Specification of confidentiality requirements during the audit process.
  9. Specification of the format of the audit report, the language, distribution requirement, and the expected date of issue of the final report.
  10. Identification of safety and related issues associated with entry and inspection of various portions of the facility, along with other equipment required to conduct an effective and efficient audit.

2.16 Current Environmental Regulatory Development in the United States: From End‐of‐Pipe Laws and Regulations to Pollution Prevention

2.16.1 Introduction

It was 1970, a cornerstone year for the US modern environmental policy. The National Environmental Policy Act (NEPA) was enacted on 1 January 1970. NEPA was not based on specific legislation; instead, it referred in general manner to environmental and quality of life concerns. The Council for Environmental Quality (CEQ), established by NEPA, was one of the councils mandated to implement legislation. 22 April 1970 brought Earth Day, where thousands of demonstrators gathered all around the nation. NEPA and Earth Day were the beginning of a long, seemingly never ending debate over environmental issues.

The US Administration at that time became preoccupied with not only trying to pass more extensive environmental legislation but also implementing the laws. The White House Commission on Executive Reorganization proposed in the Reorganizational Plan of 1970 that a single, independent agency be established, separate from the CEQ. The plan was sent to Congress by President Nixon on 9 July 1970, and a new USEPA began operation on 2 December 1970. The EPA was officially born.

In many ways, the EPA is so broad. The EPA is charged to protect the nation’s air, water, and land. The EPA works with the states and local governments to develop and implement comprehensive environmental programs. The key Federal laws such as the Clean Air Act (CAA); the Clean Water Act (CWA); the Safe Drinking Water Act (SDWA); the Resource Conservation and Recovery Act (RCRA); Toxic Substance Control Act (TSCA); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA – SUPERFUND); the Occupational Safety and Health Act (OSHA); and the Pollution Prevention Act (PPA), all mandate involvement by 50 states and local governments in the detail of implementations.

2.17 Greenhouse Gases

USEPA decided to regulate greenhouse gases as air pollutants under the CAA. Three major development have occurred (USEPA 2011). First, in the Supreme Court case of Massachusetts v. EPA, the court ruled in a 5‐to‐4 decision that the EPA has the statutory authority to regulate CO2 and other greenhouse gases as air pollutants under the CAA (Cornell University 2007). Second, on 22 September 2009, the EPA administrator signed the Final Mandatory Reporting of Greenhouse Gases Rule. Under this rule large emission sources and suppliers are required to report greenhouse gas emissions (2009a; 2009b). The intention of the rule is to collect accurate data for future policy decision making on climate change mitigation. Third, in December 2009 the EPA made a finding that greenhouse gases endanger human health and welfare, in response to the (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). This endangerment finding is a requisite to the EPA developing emission standards for greenhouse gases.

Graph of the cumulative growth in federal environmental laws and amendments in the United States displaying an ascending solid curve with open circle markers for YA, RHA, AA, NBRA, IA, WA, NPS, BPA, etc.

Figure 2.6 Cumulative growth in federal environmental laws and amendments in the United States.

Source: Adopted from Allen and Shonnard (2002) and Sullivan and Adams (1997).

There are approximately 20 major US federal statues, hundreds of states and local ordinances, thousands of federal and state regulations and even more federal and state court cases and administrative adjustments, etc. that deal with environmental issues. Taken together, they make up the field of environmental law, which has seen remarkable growth in the last 30 some years, as shown in Figure 2.6 (Allen and Shonnard 2002).

All engineers, particularly in the branches of chemical, civil, environmental, mechanical, metallurgy, mining, and nuclear should be familiar with environmental laws and regulations because they affect the operations of many processes and professional responsibilities involved in their respective fields. Environmental regulations and the common law system of environmental law require actions by affected entities. For examples, the CAA (an environmental statute) requires facilities which emit pollutants from a stack (point source) into an air‐shed to apply for a Prevention of Significant Deterioration (PSD) permit; and the CWA requires facilities that discharge pollutants from a pipe or an outfall (point source) into navigable waters to apply for a National Pollutant Discharge Elimination System permit. In many companies, engineers are responsible for applying and obtaining these permits. The common law created by judicial decision also encourages engineers to act responsibly when permitting their professional duties because environmental laws and regulations do not cover every conceivable environmental wrong. Engineers need to be aware of potential legal liability resulting from violation of environmental laws and regulations to protect their companies and themselves from legal and administrative actions.

2.17.1 Nine Prominent Federal Environmental Statues

This section provides some of the key provisions of nine federal environmental statutes that all engineers, in particular chemical engineers, should know. Taken together, these laws regulate chemicals throughout their life cycle, from creation and production to use and disposal.

The nine laws are as follows:

  1. The Toxic Substances Control Act (TSCA), 1976 (regulating testing and necessary use restrictions on chemical substances)
  2. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 1972 (the manufacture and use of pesticides)
  3. The Occupational Safety and Health Act (OSHA), 1970 (to protect health and safety in the workplace)
  4. The Clean Air Act (CAA), 1970 (to protect and enhance the quality of the Nation's air resources)
  5. The Clean Water Act (CWA), 1972 (to restore and maintain the physical, chemical, and biological integrity of the Nation's water resources)
  6. The Resource Conservation and Recovery Act (RCRA), 1976 (primarily the regulation of hazardous and nonhazardous waste treatment, storage, and safe disposal)
  7. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund), 1980 (the cleanup of abandoned and inactive hazardous waste sites)
  8. The Emergency Planning and Community Right‐to‐Know Act (EPCRA), 1986 (responding to chemical emergencies and reporting of toxic chemical usage)
  9. The Pollution Prevention Act (PPA), 1990 (a proactive approach to reducing environmental impact using pollution prevention hierarchy: minimize generation, minimize introduction, segregation, reuse, and recycle, recover energy value in waste, treat for discharge, and safe disposal)

A summary of these prominent federal environmental statues is provided in Table 2.1. The most important regulatory backgrounds for each statute are slated along with a listing of some key provisions for chemical processing facilities.

Table 2.1 Summary table for selected environmental laws.

Source: From https://www.epa.gov/sites/production/⋯/ch3‐green‐engineering‐textbook_508.pdf and USEPA (2000).

Environmental statute Date enacted Background Key provisions
Regulation of Chemical Manufacturing
The Toxic Substances Control Act (TSCA)
1976 Highly toxic substances, such as polychlorinated biphenyls (PCBs), began appearing in the environment and in food supplies. This prompted the federal government to create a program to assess the risks of chemicals before they are introduced into commerce. Chemical manufacturers, importers, or processors, must submit a report detailing chemical and processing information for each chemical. Extensive testing by companies may be required for chemicals of concern.
For newly created chemicals, a Premanufacturing Notice must be submitted.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Enacted, 1947
Amended, 1972
Because all pesticides are toxic to plants and animals, they may pose an unacceptable risk to human health and the environment. FIFRA is a federal regulatory program whose purpose is to assess the risks of pesticides and to control their usage so that any exposure that may result poses an acceptable level of risk. Before any pesticide can be distributed or sold in the United States, it must be registered with the EPA. The data is difficult and expensive to develop and must prove that the chemical is effective and safe to humans and the environment. Labels must be placed on pesticide products that indicate approved uses and restrictions.
The Occupational Safety and Health Act (OSH Act) 1970 The agency that oversees the implementation of the OSH Act is the Occupational Safety and Health Administration (OSHA). All private facilities having more than 10 employees must comply with the OSH Act requirements. Companies must adhere to all OSHA health standards (exposure limits to chemicals) and safety standards (physical hazards from equipment). The OSH Act's Hazard Communication Standard requires companies to develop hazard assessment data (material safety data sheet), label chemical substances, and inform and train employees in the safe use of chemicals.
Regulation of Discharges to the Air, Water, and Soil
Clean Air Act (CAA)
1970 The CAA is intended to control the discharge of air pollution by establishing uniform ambient air quality standards that are in some instances health based and in others technology based. The CAA also addresses specific air pollution problems such as hazardous air pollutants, stratospheric ozone depletion, and acid rain. The CAA established the National Ambient Air Quality Standards (NAAQS) for maximum concentrations in ambient air of CO, Pb, NO2, O3, particulate matter, and SO2. States must develop source‐specific emission limits to achieve the NAAQS. States issue air emission permits to facilities. Stricter requirements established for hazardous air pollutants and for new sources.
Clean Water Act (CWA) 1972 The CWA is the first comprehensive federal program designed to reduce pollutant discharges into the nation's waterways (“zero discharge” goal). Another goal of the CWA is to make water bodies safe for swimming, fishing, and other forms of recreation (“swimmable” goal). This act is considered largely successful because significant improvements have been made in the quality of the nation's waterways since its enactment. The CWA established the National Pollutant Discharge Elimination System permit program that requires any point source of pollution to obtain a permit. Permits contain either effluent limits or require the installation of specific pollutant treatment. Permit holders must monitor discharges, collect data, and keep records of the pollutant levels of their effluents. Industrial sources that discharge into sewers must comply with EPA pretreatment standards by applying the best available control technology.
Resource Conservation and Recovery Act (RCRA) 1976 The RCRA was enacted to regulate the “cradle‐to‐grave” generation, transport, and disposal of both nonhazardous and hazardous wastes to land, encourage recycling, and promote the development of alternative energy sources based on solid waste materials. Generators must maintain records of the quantity of hazardous waste generated, where the waste was sent for treatment, storage, or disposal, and file this data in biennial reports to the EPA. Transporters and disposal facilities must adhere to similar requirements for record keeping as well as for monitoring the environment.
Clean‐Up, Emergency Panning, and Pollution Prevention
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
1980 CERCLA began a process of identifying and cleaning up the many sites of uncontrolled hazardous waste disposal at abandoned sites, industrial complexes, and federal facilities. EPA is responsible for creating a list of the most hazardous sites of contamination, which is termed the National Priority List (NPL). It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. After a site is listed in the NPL, EPA identifies potentially responsible parties (PRPs) and notifies them of their potential CERCLA liability, which is strict, joint and several, and retroactive. PRPs are (i) present or (ii) past owners of hazardous waste disposal facilities, (iii) generators of hazardous waste, and (iv) transporters of hazardous waste.
The Emergency Planning and Community Right to Know Act (EPCRA) 1986 Title III of (SARA) contains a separate piece of legislation called the (EPCRA). There are two main goals of EPCRA: (i) to have states create local emergency units that must develop plans to respond to chemical release emergencies and (ii) to require EPA to compile an inventory of toxic chemical releases to the air, water, and soil from manufacturing facilities. Facilities must work with state and local entities to develop emergency response plans in case of an accidental release. Affected facilities must report annually to EPA data on the maximum amount of the toxic substance on‐site in the previous year, the treatment and disposal methods used, and the amounts released to the environment or transferred off‐site for treatment and/or disposal.
Pollution Prevention Act (PPA) 1990 The act established pollution prevention as the nation's primary pollution management strategy with emphasis on source reduction.
Established a Pollution Prevention Information Clearinghouse whose goal is to compile source reduction information and make it available to the public.
The only mandatory provision of the PPA requires owners and operators of facilities that are required to file a Form R under the SARA Title III to report to the EPA information regarding the source reduction and recycling efforts that the facility has undertaken during the previous year.
Total Maximum Daily Load (TMDL) (2000)
Section 303(d) of the CWA
2000 Requires states to develop prioritized lists of polluted or threatened water bodies and to establish the maximum amount of pollutant (TMDL) that a water body can receive and still meet water quality standard. A TMDL is the sum of (i) the individual waste‐load allocations (WLAs) for point sources (industrial and municipal), (ii) load allocations for nonpoint sources, (iii) natural background levels, and (iv) a margin of safety (USEPA 2000).

Examples (Multiple Choice)

Problems

  1. 2.1 Develop a short essay on the water law policies in a country of your choice.
  2. 2.2 Develop a short essay on the water law policies in a country in Africa.
  3. 2.3 Develop a short essay on the water law policies in a country in Europe.
  4. 2.4 Develop a short essay on the water law policies in a country in Asia.
  5. 2.5 Provide terms and definitions for “environmental management.”

    Defining the following terms:

    1. E Pollution prevention
    2. F Source reduction
    3. G In‐process vs on‐site vs off‐site recycling
    4. H Waste treatment
    5. I Disposal
    6. J Direct release
  6. 2.6 Analysis of Federal Environmental Statutes.
  7. 2.7 The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1972.
  8. 2.8 Enforcement
  9. 2.9 The Occupational Safety and Health Act (OSH Act) of 1970.
  10. 2.10 Clean Air Act (CAA) of 1970.
  11. 2.11 The Clean Water Act (CWA) of 1972.
  12. 2.12 Resource Conservation and Recovery Act (RCRA) of 1976.
  13. 2.13 The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980.
  14. 2.14 The Emergency Planning and Community Right to Know Act (EPCRA).
  15. 2.15 Pollution Prevention Act of 1990.
  16. 2.16 U.S. Supreme Court Decision on the Clean Air Act and Greenhouse Gases.
  17. 2.17 Superfund Site Investigation Go to the EPA Superfund website.
  18. 2.18 Premanufacturing Notice from the TSCA Go to the EPA website.
  19. 2.19 Worker Protection Standard under FIFRA.
  20. 2.20 Green Jobs and Occupational Safety Issues.
  21. 2.21 Programs of the Clean Air Act.
  22. 2.22 National Pollutant Discharge Elimination System of the Clean Water Act.
  23. 2.23 National Hazardous Waste Biennial Report of RCRA.
  24. 2.24 “Quality Improvement”: Define the ISO 14000 for an EMS and environmental policy pertinent to product QMS and industrial waste minimization.

References

  1. Adler, J.H. (2003). Fables of the Cuyahoga reconstructing a history of environmental protection. Fordham Environmental Law Journal, Case Western Reserve University 14: 95–98, 103–104.
  2. AECEN (Asian Environmental Compliance and Enforcement Network) (2018). https://aric.adb.org/initiative/asian‐environmental‐compliance‐and‐enforcement‐network (accessed 5 January 2018).
  3. Aldred's Case (1610). 9 Co Rep 57b; (1610) 77 ER 816.
  4. Alexiou, A.S. (2013). The Flatiron: The New York City Landmark and the Incomparable City that Arose with It. New York, NY: Thomas Dunne.
  5. Allen, D.T. and Shonnard, D.R. (2002). Green Engineering: Environmentally Conscious Design of Chemical Processes. Upper Saddle River, NJ: Prentice‐Hall.
  6. Associated Press (2008). Group: stronger warnings needed in Tenn. ash spill, 28 December 2008.
  7. Ayres, R. (1989). Technological Transformations and Long Waves. IIASA Report, IIASA, Luxemburg, Austria, RR‐89‐001.
  8. Babich, A. (2004). The Apolitical Clinic. Law School, Tulane University, Faculty Notebook.
  9. Bajaj, R. (1996). Convention on International Trade in Endangered Species (CITES) and the Wildlife Trade in India. New Delhi, India: Center for Environmental Law.
  10. Becker, M. (2011). Correa, indigenous movements, and the writing of a new constitution in Ecuador. Latin American Perspectives 38 (1): 47–62.
  11. Beckert, S. (2014). Empire of Cotton: A Global History. New York: Vintage Books Division Penguin Random House.
  12. Bell, M.L., Davis, D.L., and Fletcher, T. (2004). A retrospective assessment of mortality from the London Smog Episode of 1952: the role of influenza and pollution. Environmental Health Perspectives 112 (1): 6–8.
  13. Bond, E., Gingerich, S., Antonsen, O. A., Purcell, L, and Macklem, E. (2003). The Industrial Revolution – Innovations. Industrialrevolution.sea.ca. (accessed 30 January 2011).
  14. Brimblecombe, P. (1976). Attitudes and responses towards air pollution in Medieval England. Journal of the Air Pollution Control Association 26 (10): 941–945.
  15. British Institute of International and Comparative Environmental Law (1992). British Documents of International Environmental and Comparative Law. Cambridge University Press.
  16. Caldwell, L.K. (1996). International Environmental Policy: From the Twentieth to the Twenty‐First Century, 3e. Durham, NC and London: Duke University Press.
  17. Canada Water Act, R.S.C. (1985). (accessed 5 January 2018).
  18. Carson, R. (1962). Silent Spring. Boston, MA: Houghton‐Mifflin Company. https://laws‐lois.justice.gc.ca/eng/acts/c‐11/page‐1.html
  19. Center for Chemical Process Safet (CCPS) (1993). Guidelines for Engineering Design of Process Safety. New York, NY: American Institute of Chemical Engineers.
  20. Chakrabarti, R. (ed.) (2006). Does Environmental History Matter: Sustenance and the Sciences. Kolkata, India: Readers Service.
  21. Chakrabarti, R. (ed.) (2007). Situating Environmental History. New Delhi: Manohar.
  22. Chandler, A.D. (1977). The Visible Hand: The Managerial Revolution in American Business. Cambridge, MA: Harvard University Press.
  23. Clean Water Act (CWA) (1972). Federal Water Pollution Control Act Amendment of 1972. USEPA.
  24. CNN (2008). Tennessee sludge spill estimate grows to 1 billion gallons, 26 December 2008.
  25. Commonwealth v Tasmania Dam Case (1983). Tasmania Dam Case. http://www.envlaw.com.au/tasmanian‐dam‐case (accessed 5 January 2018).
  26. Community Environmental Legal Defense Fund (CELDF). (2017). Community Rights. http://www.celdf.org‐community‐rights (accessed 6 January 2018).
  27. Cornell University, Law School Legal Information Institute (2007). Supreme Court of the United States, Massachusetts et al., Petitioners v. Environmental Protection Agency et al. http://www.law.cornell.edu/supct/pdf/05‐1120PZO (accessed 4 January 2018).
  28. Cowan, R.S. (1985). A Social History of American Technology, 1e. New York, NY: Oxford University Press.
  29. Cowan, R.S. and Hersch, M. (2017). A Social History of American Technology, 2e. New York, NY: Oxford University Press.
  30. CPD (1926). River fire rolls under Baltimore, Cleveland Plain Dealer, 9 June 1926.
  31. Craig, R. (2016). Selected Environmental Law Statutes. St. Paul, MN: West Academic Publishing.
  32. Cronon, W. (ed.) (1995). Uncommon Ground: Toward Reinventing Nature. New York, NY: W.W. Norton.
  33. Crowl, D.A. and Louver, J.F. (1990). Chemical Process Safety: Fundamentals with Applications. Englewood Cliff, NJ: Prentice Hall PTR.
  34. Department of the Environmental Act (1985/2009). Government of Canada. Retried 5 January 2018.
  35. Divan, S. and Rosencranz, A. (2002). Environmental Law and Policy in India: Cases, Materials and Statues, 2e. New Delhi, India: Oxford University Press.
  36. Eccleston, C.H. (2008). NEPA and Environmental Planning: Tools, Techniques, and Approaches for Practitioners. Boca Raton, FL: CRC Press.
  37. Eccleston, C.H. (2014). The EIS Book: Managing and Preparing Environmental Impact Statements. Boca Raton, FL: CRC Press.
  38. Eccleston, C.H. (2017). Environmental Impact Assessment: A Guide to Best Professional Practices. Boca Raton, FL: CRC Press.
  39. Encyclopedia of the Earth (2018). https://www.google.com/search?q=encyclopedia+of+the+earth+2018&source=univ&tbm=shop&tbo=u&sa=X&ved=0ahUKEwiq2bO85qzkAhUO7J4KHeFOBe8QsxgILg&biw=1366&bih=651 (accessed 4 January 2018).
  40. Environment Protection and Biodiversity Conservation Act 1999 (EPBC) (1999). Australian Government, Department of Environment and Energy. http://www.environment.gov.au/epbc (accessed 5 January 2018).
  41. Environmental Impact Statement (2010). Part 1502, U.S. Council on Environmental Quality.
  42. EPA (2012). African International Programs.
  43. EPA (2017). Collaborate with China. https://www.epa.gov/international‐cooperation/epa‐collaboration‐china (accessed 5 January 2018).
  44. Felleman, J. (2013), Environmental Impact Assessment, The Encyclopedia of Earth.
  45. Freeberg, E. (2014). The Age of Edison: Electric Light and the Invention of Modern America, 1e. New York: Penguin Books.
  46. Goudie, A. (1981). The Human Impact: Man's Role in Environmental Change. Cambridge, MA: The MIT Press.
  47. Govt. of Japan, Ministry of the Environment (1967). The Basic Environmental Law. https://www.env.gov.jp/en/laws/policy.html (accessed 6 January 2018).
  48. Govt. of New Zealand, Ministry of the Environment (1986). Environment Act.
  49. Gudynas, E. (2011). Buen Vivir: Today's tomorrow. Development 54 (4): 441–447.
  50. Gupta, S.P. (1999). Forest Projects Committee Annual Report, CPCB, India.
  51. Hansen, J., Ruedy, R., Sato, M., and Lo, K. (2010). “Global surface temperature change,” Reviews of Geophysics, V‐ 48, Issue RG4004, p. 1–29.
  52. Hardman Reis, T. (2011). Compensation for Environmental Damages Under International Law. Hague, The Netherlands: Kluwer Law International.
  53. Hindustan Times, News Item (2000). A.Q.F.M. Yamuna vs. Central Pollution Control Board.
  54. Hiss, T. (2014). Can the world really set aside half of the planet for wildlife? Smithsonian Magazine, September.
  55. Hounshell, D.A. (1984). From the American System to Mass Production, 1800‐1932: The Development of Manufacturing Technology in the United States. Baltimore, MD: Johns Hopkins University Press.
  56. Hynes, P.H. (1989). Recurring Silent Spring. New York, NY: Pergamon Press.
  57. International Organization for Standardization (ISO) (2018a). ISO 9000 quality management. www.iso.org (accessed 22 November 2018).
  58. International Organization for Standardization (ISO) (2018b). ISO 14000 family – environmental management. www.iso.org (accessed 23 Novemebr 2018).
  59. Jonnes, J. (2004). Empires of Light: Edison, Tesla, Westinghouse and the Race to Electrify the World. New York: Random House Trade Paperback.
  60. Kernan (1958). Kenan v American Dredging Co. 355 US 426, 427.
  61. Knoxville News Sentinel (2008a). Ash Spill: TVA Triples Amount of Sludge Released, 26 December 2008.
  62. Knoxville News Sentinel (2008b). Lead and Thallium Taint Water near TVA Pond Breach, 26 December 2008.
  63. Knoxville News Sentinel (2008c). The Cleanup: Weeks, Millions Needed to Fix Impact from TVA Pond Breach, 27 December 2008.
  64. Koivurova, T. (2014). Introduction to International Environmental Law. London/New York: Routledge/Taylor & Francis Group.
  65. Landes, D.S. (1969). The Unbound Prometheus, 40. Cambridge: Press Syndicate of the University of Cambridge.
  66. Lazarus, R.J. (2006). The Making of Environmental Law. Chicago, IL: Chicago University Press.
  67. Lehman, J. and Phelps, S. (eds.) (2004). West's Encyclopedia of American Law, 2e. Detroit: Gale.
  68. Lynch, H. (1995). A Chemical Engineer's Guide to Environmental Law and Regulation. Ann Arbor, MI: National Pollution Prevention Center for Higher Education, University of Michigan.
  69. Malik, S. and Malik, S. (eds.) (2015). Supreme Court on Environment Law. Lucknow: Eastern Book Company.
  70. McElwee, C.R. (2011). Environmental Law in China: Mitigating Risk and Ensuring Compliance. New York: Oxford University Press.
  71. Mehta, M.C. (1987). M.C. Mehta vs. Union of India, 2 SCC 540.
  72. Mehta, M.C. (1988). M.C. Mehta vs. Union of India, 1 SCC 471.
  73. Ministry of Environment Egyptian Environmental Affairs (2009). Environmental protection law. http://www.eeaa.gov.eg/en‐us/laws/envlaw.aspx (accessed 6 January 2018).
  74. Ministry of Natural Resources and Environment of the Russian Federation (1986). The Russian Government. www.mnr.gov.ru (accessed 6 January 2018).
  75. Misa, T.J. (1999). Nation of Steel: The Making of Modern America, 1865–1925, New e. Baltimore, MD: Johns Hopkins University Press.
  76. Misa, T.J. (2016). Nation of Steel, New e. Baltimore, MD: Johns Hopkins University Press.
  77. Muralikrishna, V.I. and Manickam, V. (2017). Environmental Management: Science and Engineering for Industry, 1e. Oxford: Butterworth‐Heinemann, Elsevier.
  78. National Resources Defense Council (NRDC) (2014). Environmental Law in China. https://act.nrdc.org/donate/donate‐monthly?source=MRNRDCc3FR&gclid=EAIaIQobChMIiqTQ6‐as5AIVWCCtBh3mUQixEAAYASAAEgIJevD_BwE (accessed 5 January 2018).
  79. Nelson, G., Campbell, S., and Wozniak, P. (2002). Beyond Earth Day: Fulfilling the Promise. Madison, WI: University of Wisconsin Press.
  80. NEPA (1969). The National Environmental Policy Act of 1969, as amended, 42 USC Sections 4321‐4347 (enacted 1970‐01‐01) from Council on Environmental Quality NEPAnet.
  81. New York Times (2008). Tennessee ash flood larger than initial estimate, 26 December 2008.
  82. Oreskes, N. and Conway, E.M. (2010). Merchants of Doubt. The Christian Science Monitor.
  83. Our Common Future (1987). Brundtland Report of the World Commission on Environment and Development.
  84. Pettit, D. (2014). China's New Environmental Law and the U.S. Clean Air Act.
  85. Pizer, W.A. and Kopp, R. (2003). Calculating the Costs of Environmental Regulation, Resources for the Future, Paper 03‐06. Washington, DC: Resources for the Future.
  86. Ponting, A.C. (1991). Green History of the World. New York, NY: St. Martin's Press.
  87. Powell, F. (2009). Environmental Degradation and Human Disease. Lecture. SlideBoom. 2009. Web. (accessed 14 November 2011).
  88. R v Stephens (1866). LR 1 QB 702.
  89. Rees, J. (2013). Industrialization and the Transformation of American Life: A Brief Introduction, 1e. London, New York: Routledge.
  90. Riis, J.A. (1914). How the Other Half Lives. Dover Publication.
  91. Rio Declaration, UNESCO (1992). Rio Declaration on Environment and Development, The United Nations, Rio de Janerio, Brazil, 3–14 June 1992.
  92. Robertson v. Methow Valley Citizens Council (1989). 490 U.S. 332, 349.
  93. Rosen, W. (2012). The Most Powerful Idea in the World: A Story of Steam, Industry and Invention, 149. University of Chicago Press ISBN: 978‐0‐226‐72634‐2.
  94. Ryland v Fletcher (1898). UKHL 1. Halsbury’s Laws of England, vol. 78. “The rule in Rylands v Fletcher” paragraph 148 (5th Ed.)
  95. Scenic Hudson, Inc. (1963). Scenic Hudson collection: records relating to the Storm King Case, 1963–1981. Archives and Special Collections, Marist College, Poughkeepsie, NY.
  96. Secretariat of the Pacific Regional Environmental Program (SPREP) (2012). The 15th Meeting of The Noumea Convention Convenes In Apia. www.sprep.org (accessed 5 January 2018).
  97. Seider, S. (2010). The German Environmental Constitutional Law: The Basic Law Book. Government Institutes, Inc.
  98. Shabecoff, P.A. (1993). A Fierce Green Fire: The American Environmental Movement. HarperCollins Canada.
  99. South Africa National Environmental Management Act (1998). https://www.gov.za/national‐environmental‐management‐act (accessed 6 January 2018).
  100. Stander, L. and Theodore, L. (2008). Environmental Regulatory Calculations Handbook. Hoboken, NJ: Wiley.
  101. Stein, J. and Beckel, M. (2004). A guide to environmental non‐profits. Mother Jones, March/April Issue.
  102. Stern, R.E. (2013). Environmental Litigation in China: A Study in Political Ambivalence. Cambridge University Press.
  103. Sullivan, T.F.P. and Adams, T.L. (1997). Environmental Law Handbook. Rockville, MD: Government Institutes.
  104. Superfund Regulations (2017). U.S. Environmental Protection Agency, January 19.
  105. Taylor, P., Stroud, L., and Peteru, C. (2013). Multilateral Environmental Agreement Negotiator's Handbook: Pacific Region. Samoa/New Zealand: Secretariat of the Pacific Regional Environment Program/New Zealand Centre for Environmental Law, University of Auckland.
  106. Teeter, P. and Sandberg, J. (2017). Constraining or enabling green capability development? How policy uncertainty affects organizational responses to flexible environmental regulations. British Journal of Management 28 (4): 649–665.
  107. The Environment (Protection) Act (1986). http://www.envfor.nic.in/legis/wildlife (accessed 6 January 2018).
  108. The Great Smog of 1952 (2014). Metoffice.gov.uk. Archived from the original. (accessed 12 October 2014).
  109. The Indian Wildlife Protection Act (1972). www.envfor.nic.in (accessed 6 January 2018).
  110. The Observer (2002). Great Smog is history, but foul air still kills, 24 November 2002.
  111. Times of India (2000). Supreme Court axe falls on the Delhi Polluting Units, 8 December, p. 1.
  112. US (1974). United States v. Ashland Oil and Transport Co., 504 F.2d 1317, 1326 (6th Circuit).
  113. US Bureau of Land management (2018). About Us. www.blm.gov (accessed 8 January 2018).
  114. Union Carbide vs. Union of India (1989).
  115. United Nations, Department of Economic and Social Affairs, Population Division (2017). World population prespectives: the 2017 revisions. http://eas.un.org/unpd/wpp (accessed 22 January 2018).
  116. UNEP (1992). Training Manual on International Environmental Law: emerging principles and concepts. International Environmental Law, Derived from the 1972 Stockholm Conference, the 1992 Rio Declaration, and more recent developments.
  117. United Nations Secretariat (2015). World Population Projects: Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat. (accessed in 2015).
  118. United States (1972). Clean Water Act, sec. 505, 33 U.S.C.
  119. Upadhyay, J.J.R. (2012). Environmental Law, 3e. Allahabad, India: Central Law Agency.
  120. UPI (1984). Significant progress on water pollution reported. New York Times, 12 February 1984.
  121. US Fish & Wildlife Service (2018). www.fws.gov (accessed 8 January 2018).
  122. US Forest Service (2018). https://www.fs.fed.us/about‐agency (accessed 8 January 2018).
  123. US National Park Service (2018). About Us. Washington, DC. https://www.nps.gov/state/dc/index.htm (accessed 8 January 2018).
  124. USEPA (2000). Total Maximum Daily Load (TMDL), EPA 841‐F‐00‐009. Washington, DC: USEPA.
  125. USEPA (2009a). Final Mandatory Reporting of Greenhouse Gases Rule. http://www.epa.gov/climatechange/emissions/ghgrulemaking.html(accessed 17 January 2018).
  126. USEPA (2009b). Endangerment and cause or contribute findings for greenhouse gases under the Clean Air Act. http://www.epa.gov/climatechange/endangerment.html(accessed 17 January 2018).
  127. USEPA (2011). PSD and Title V Permitting Guidance for Greenhouse Gases. Research Triangle Park, NC: Office of Air Quality Planning and Standards.
  128. USEPA (2017a). Laws and regulations.
  129. USEPA (2017b). Regulatory information by topic.
  130. USEPA (2018). Health and Environmental Agencies of U.S. States and Territories. https://www.epa.gov/home/health‐and‐environmental‐agencies‐us‐states‐and‐territories (accessed 8 January 2018).
  131. Valley Precipitation (2008). TVA website (accessed 28 December 2008).
  132. Vellore Citizen (1996). Vellore Citizens’ Welfare Forum vs. Union of India, 5 SCC 647.
  133. Vietnam Environment Administration (2002). Ministry of Natural Resources and Environment.
  134. Wallach, B. (2005). Understanding the Cultural Landscape. New York: Guilford.
  135. Wang, A. (2013). The search for sustainable legitimacy: environmental law and bureaucracy in China. Harvard Environmental Law Review 37: 365.
  136. Warner, S.B. (1995). The Urban Wilderness: A History of the American City. Berkeley: University of California Press.
  137. Water (2011). Climate Institute. Web. (accessed 3 November 2011).
  138. Watts, S. (2005). The People's Tycoon: Henry Ford and the American Century. New York: Random House.
  139. Wells, N.E. (1984). A Guide to Environmental Law in New Zealand. Wellington Brooker & Friend Ltd.
  140. White, C. (2008) Dike bursts, floods 12 homes, spills into Watts Bar Lake, Knoxville News Sentinel, 22 December 2008.
  141. Wickham, R.J. (1916). English and American Tool Builders. New Haven, CT: Yale University Press, LCCN 16011753. Reprinted by McGraw‐Hill, New York and London, 1926 (LCCN 27‐24075); and by Lindsay Publications, Inc., Bradley, IL.
  142. World Health Organization (WHO) Commission on Health and Environment (1992). Our Planet, Our Health. Report of the WHO Commission, Geneva.
  143. Wright, C.W. (1941). Economic History of the United States, 1e, 1941. New York: McGraw Hill.
  144. UNEP (2001) UNEP Manual, 12–19.
  145. UNEP (1986) The Environment (Protection) Act, UNEP Manual, 20–23.
  146. UNEP (2006). Training Manual on International Environmental Law, UNEP Manual, 24–28.
  147. UNEP (2013). UNEP Manual, 58.
  148. UNEP (1992). Declaration of the United Nations Conference on the Human Environment, UNEP Manual, 58, Rio Declaration Principle 16.
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