Environmental Laws:

In an article published on Thursday, August 12, 2021 by CNBC (a major global player in the field of journalism), under the heading “Climate change is making people think twice about having children” it was discussed by analysts that the “movement to not have children owing to fears over climate change is growing and impacting fertility rates quicker than any preceding trend in the field of fertility decline”. This article tried to warn humanity about these extreme decisions taken by some people to not have children because they fear that doing so will amplify global warming and/or are concerned about the extreme weather events their children may have to endure.

In an era where the planet faces unprecedented environmental challenges, the urgency to protect our natural resources has never been greater. Imagine a world where clean air, pristine water, and thriving ecosystems are but distant memories, sacrificed at the altar of unchecked industrial growth and short-term gains.What kind of legacy do we want to leave for future generations? Environmental law and policy serve as the bedrock of our efforts to safeguard these invaluable resources, ensuring that future generations inherit a planet capable of sustaining life and prosperity. This essay delves into the crucial role of environmental legislation and policy, exploring how they shape our approach to preserving the environment amidst mounting global threats.

Historical Context and Evolution

The development of environmental law has been influenced by a growing awareness of the environmental degradation caused by industrialization and urbanization. The late 20th century marked significant progress with the establishment of key environmental laws and international agreements. The 1970s saw the advent of major legislative frameworks, such as the National Environmental Policy Act (NEPA) in the United States and the creation of the Environmental Protection Agency (EPA). Globally, the United Nations Conference on the Human Environment in 1972, also known as the Stockholm Conference, was a pivotal moment that underscored the need for international cooperation in environmental protection.

Key Principles of Environmental Law and Policy

At the core of environmental law and policy are principles designed to promote sustainability and stewardship. One of the fundamental principles is the "precautionary principle," which advocates for proactive measures to prevent environmental harm even when scientific certainty is lacking. This principle shifts the burden of proof to those proposing potentially harmful activities, ensuring that the environment is given the benefit of the doubt.

Another critical principle is "sustainable development," which seeks to balance economic growth with environmental protection. Sustainable development goals (SDGs) emphasizes meeting present needs without compromising the ability of future generations to meet their own needs. This principle is particularly relevant in the context of natural resource management, where over-exploitation can lead to long-term depletion and ecological damage.

International Agreements and Frameworks

International agreements and frameworks play a pivotal role in shaping environmental law and policy across nations. The 1992 Rio Earth Summit, for example, resulted in the adoption of key documents like the Rio Declaration on Environment and Development and Agenda 21. These documents established a global commitment to sustainable development and laid the groundwork for future environmental agreements.

The Paris Agreement, adopted in 2015, is another landmark accord aimed at combating climate change. By setting ambitious targets for reducing greenhouse gas emissions, the agreement seeks to limit global temperature rise and mitigate the adverse effects of climate change on natural resources. Countries are required to submit nationally determined contributions (NDCs) and regularly report on their progress, fostering transparency and accountability.

Steps taken by the Indian government to preserve nature

World Nature Conservation Day is observed on July 28th every year across the world to create awareness of natural resources conservation and protect nature. With the rise in the level of deforestation and losing wildlife, conservation of nature has become a top priority. In India, due to the rise in urbanization, issues like loss of forest cover, pollution, and loss of wildlife has increased. The government has taken initiative to reverse the situation. Here are five Initiatives are taken by the Government of India:

1. The vision of creating Nagar Van Udyan Scheme is to develop at least one City Forest in each city having Municipal Corporation or Class 1 Cities to accommodate a wholesome health environment and contribute to the growth of clean, green, and sustainable India. Its objective is to create 200 City forests in the country and to create awareness about the plants and biodiversity. Conservation education to the people, who are unaware of the damages that can happen due to their ignorance in the conservation of nature.
2. Waste management under Swachh Bharat Abhiyan, a mass movement initiated by the Prime Minister of India, Mr. Narendra Modi, in the year 2014. The Abhiyan motives lie in the cleanliness of the environment. He hopes to create a sense of sense of responsibility among the citizens to help achieve Mahatma Gandhi’s aim for Clean India. The main objective of the Abhiyan is to recover resources for utilization through recycling and creating employment in the process.
3. Project Tiger has been the most successful environmental project by the Government. Project Tiger was adopted in the year 1973 to improve the decreasing numbers of Tigers in India. It is a scheme sponsored by the Ministry of Environment, Forest and Climate Change and assists the tiger states for tiger conservation. The objectives of the projects are to protect and restore habitat, monitor them day-to-day, eco-development for local people, and relocation of the people from the habitats of tigers.
4. The Government of India initiated the National Wetland Conservation Programme (NWCP) to conserve and make acute use of wetlandsin the country, therefore, preventing its further degradation. A wetland is an ecosystem where the soil is saturated with water, either permanently or seasonally, creating a unique environment that supports diverse plant and animal life. Common types include marshes (dominated by grasses), swamps (dominated by trees), bogs (acidic with mosses), and fens (less acidic with diverse plants). Wetlands are vital for wildlife habitat, water purification, flood control, and carbon storage, making them highly productive and important ecosystems.They are considered one of the most productive ecosystems in the world, often referred to as the "kidneys of the Earth" because of their ability to filter and purify water.The scheme was introduced with the objectives of undertaking extensive conservation measures in the wetlands that need immediate help.
5. One of the less talked about law for the prevention of environmental resources is the Mangroves Forests (Special Provisions) Act of 2019. As the name suggests this law was enacted to protect the Mangroves present in India. Mangroves are coastal ecosystems characterized by salt-tolerant trees and shrubs that grow in the intertidal zones of tropical and subtropical regions. These unique ecosystems are typically found along shorelines, estuaries, and river deltas, where they play a crucial role in protecting coastlines and supporting biodiversity. Mangroves are of great importance for the environment not only from the fact that they protect the coastal areas from tsunamis but also the potential they hold for development of plants that could be grown in saline waters.

National Policies and Legislation

While international agreements provide a framework, national policies and legislation are essential for implementing environmental protections at the local level. Many countries have enacted comprehensive environmental laws addressing issues such as air and water quality, waste management, and biodiversity conservation. For instance, India has In addition to general environmental laws, specific policies targeting natural resource conservation are crucial. Protected areas, such as national parks and wildlife reserves, are established to preserve biodiversity and ecosystems. Legal mechanisms, such as the establishment of marine protected areas (MPAs), safeguard marine resources and promote sustainable fishing practices.

Challenges in Implementation

Despite the existence of robust environmental laws and policies, challenges in implementation persist. One significant challenge is the lack of political will and enforcement capacity. In many cases, environmental regulations are poorly enforced, leading to continued degradation of natural resources. Corruption, insufficient funding, and lack of technical expertise further exacerbate this issue.

Another challenge is the conflict between economic development and environmental protection. Short-term economic gains often take precedence over long-term sustainability, leading to over-exploitation of resources and environmental harm. This conflict is particularly pronounced in developing countries, where poverty and lack of alternatives drive unsustainable practices.

Conclusion

To conclude, let me recount the tragic tale of the Bayesian Superyacht, a stark reminder that nature has a way of reclaiming its balance when we stray too far. British tech tycoon Mike Lynch, recently acquitted of financial fraud, decided to celebrate with family and friends aboard the lavish Bayesian, sailing off the coast of Palermo, Sicily. This superyacht, notorious for its environmental impact—producing as much greenhouse gas as 1,500 cars—was about to face nature’s wrath.

The celebration turned to disaster when a powerful storm, potentially a waterspout or downburst, struck the yacht. According to Italian climatologist Luca Mercalli, this storm was fueled by unusually high sea temperatures—30 degrees Celsius instead of the norm—due to global warming. The excess heat acted as an energy source for the storm, leading to the yacht’s tragic sinking. While 22 people were rescued, Mike Lynch and his 18-year-old daughter perished.

This calamity underscores the critical need for environmental laws and policies. By embracing principles like the precautionary principle and sustainable development, and fostering international and national cooperation, we can make meaningful progress. However, tackling these challenges demands strong political will, effective enforcement, and a dedication to balancing economic growth with environmental protection. Only through collective effort can we ensure that our natural world remains safeguarded for future generations.

Written By: Siddhant Upadhyay (Intern at LEE OPC Pvt. Ltd.)