Essays on Environmental Law

The significance of environmental enforcement, whether civil or criminal, cannot be overemphasized. For, as the statement by the experienced environmental enforcement official shows, without such enforcement, most animal and plant species would become non-existent due to extinction. The enforcement of environmental laws as done by such agencies as the Environmental Protection Agency is important in not only protecting the environment from wanton destruction or pollution but also helps in conserving and preserving the environment. The criminal and civil enforcement of environmental laws, policies, and regulations also preserve flora and fauna species by ensuring strict compliance by governments, individuals, and ...

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Federal funding for the restoration and protection of coastal wetlands

The federal government has an exclusive jurisdiction over protection and restoration of coastal wetlands that are deemed by DEC as of local importance. The federal government is statutorily authorized to adopt and implement a coastal wetlands protection law wholly or partially within the federal government’s jurisdiction. The law prescribes specific funding and procedures be followed in determining the extent of the coastal wetlands hazard while seeking to assert its jurisdiction over its coastal wetlands. The systems of the coastal wetlands protection necessitate forwarding of the federal government’s regulation to DEC for the establishment of the competence of ...

Impacts of Pollution on Wildlife

Introduction Impacts of pollution on wildlife has been a controversy and a contradicting issue since it has been experienced in the world and specifically in the united States of America for a long period of time. There are environmental laws which are hard on some manufacturing and production industry in North America and this makes them to be held responsible of various wildlife cases. The environmental laws in the United States of America have enacted endangered species Act in which it is a general rule which has held several companies responsible of the reduction of Wolverines in Montana glacial ...

Abstract

This paper examines the case of Massachusetts v. Environmental Protection Agency, a 5-4 Supreme Court decision that combined the substantive, environmental law question of whether the Environmental Protection Agency erred in its initial decision not to regulate greenhouse gas emissions for motor vehicles with the procedural issue of whether states, cities, and environmental organizations had legal standing (defined as the right to use the courts as opposed to Congress to force governmental action) for the environmental claims at issue in the case. This paper begins with a brief overview of the political, legal, and cultural context for assessing the ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

in the industrial and infrastructure sector

Abstract

In most parts of the Arab countries, the limited resources of water pose adverse constraints to both the social and economic development, while also threatening the people’s livelihood. The available surface water keeps on declining, and the ground water over-pumping that goes beyond the natural recharge rates has continued to cause great negative impact in the lowering of water table. Over-pumping of ground water also increases ground water salinity, ground water depletion, and ecological degradation (SCENR 5). The outcome prompted the Qatar government to start regulating its water resources as a measure ...

Abstract

Maintaining a highly effective waste management system is an important part of being a clean and green city. While this may not be the top priority for some countries, especially the developing ones—because keeping a clean and green city can be costly; there are countries that are making long term investments for a more effective waste management system in the future. This can be evidenced by the fact that even countries like Qatar and the city of Dubai are finding it hard to find the political and economic will to develop and enforce environmental law and regulations. If ...

Moral Issues

The case for / against the Atlantic Cement Company implicates a set of ethical issues at stake as company's operations continue to inform attitudes of local residents and company owners. The Atlantic Cement Company has a business case for operating a decidedly polluting business (particularly given operation date in 1962). From a business perspective, the Atlantic Cement Company creates jobs for local residents, offers value for local and broader communities (by manufacturing a much on-demand product required for construction works and a host of building- and construction-related industries) and, not least, supports government's efforts to help expand on a ...

Sources of Law and areas of Law in Common Law Countries

Notion of common law and its features Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...

Earth’s quickly changing climate is a hot topic today. Among the young and old, the issue is debated passionately as individuals argue whether it is even happening and why. The Some believe climate change is still up for debate, the history surrounding the issue proves the Earth’s environment is, indeed, changing, and humans may be the only cause to blame. The CO2 emissions and various forms of pollution have been observed for years. While many attempt to correct what we have done to the planet, others speculate it may be too late to repair the damage we ...

Earth’s quickly changing climate is a hot topic today. Among the young and old, the issue is debated passionately as individuals argue whether it is even happening and why. The Some believe climate change is still up for debate, the history surrounding the issue proves the Earth’s environment is, indeed, changing, and humans may be the only cause to blame. The CO2 emissions and various forms of pollution have been observed for years. While many attempt to correct what we have done to the planet, others speculate it may be too late to repair the damage we ...

Question 1

The Environmental Protection Agency was created through an executive order by President Richard Nixon. The Federal Agency was created for the purposes of enforcing the environmental statutes enacted by the Congress. Just like any other federal agency, the Environmental Protection Agency has the powers associated with the three arms of the government. It can legislate, administer and adjudicate. The regulations promulgated by the Environmental Protection Agency have to be published in the Federal Register. If they are positively receipted they gain the force of law after 90 days. The Agency uses fines ...

INTERNATIONAL ENVIRONMENTAL LAW

The pollution control efforts can be traced back to ancient human history where pure drinking water was an area of serious interest. This further became essential especially after the industrial revolution to protect and promote the environment in which we live and work. Various issues including the cost factors have been considered while enacting the laws. The international laws on environment along with having the laws of the individual countries also have all the various treaties and conventions. Some of the important laws among them are customary international laws on trans boundary resource pollution, UN economic commission on long ...

Abstract

The problem of climate change and its effects to living organisms such as humans has already been proven by many studies and now many are questioning if Natural Hazards such as Hurricanes can be affected by this change. Hurricanes are known in many names in regions, given their formation type and their composition. It also is a common calamity in the Northern Atlantic and in the Pacific, the latter naming hurricanes as tropical cyclones. The debate upon the effects of climate change in hurricanes is still contested by scientists. On the one hand, some scientists have seen the evidences that ...

An Analysis of the Formulation of California Senate Bill 4

Chapter III: Methodology Overview The purpose of this research has been to focus on the decision making and agenda setting policy concerning the regulation of hydraulic fracturing to drill for petroleum products when California Senate Bill (SB) 4 was passed. Hydraulic fracturing has been used for many years in California, but this is the first time a bill has been passed to regulate the activity. The bill was passed in the assembly first and then moved to the senate where it was passed in the form of SB 4. The factors and actors that worked together to ...

Inappropriate Usage of Natural Resources

Introduction Natural resources include oil, gas minerals and forests. Exploitation of these natural resources influences the economic development through earning of foreign exchange in exportation of these resources (Lodhi and Makki, 2010). According to Busse and Groning (2011), natural resource abundance influences the economic and social development of a country. Hence in certain countries polices developed may overlook the exploitation of the natural resources. However, natural resources are by nature scarce and their overexploitation by humans is increasing (Lodhi and Makki, 2010). Human activities are significant in influencing environmental changes that have resulted to development of global warming. Human ...

An Analysis of the Formulation of California Senate Bill 4

Chapter 1 The purpose of this research is to analyze the process creating, SB 4, the legislation on hydraulic fracking as an opportunity to understand how and why the fracking issue gained enough momentum to reach the level of legislative decision. Policies that reach the decision-making level on a legislative agenda have been driven to that level by internal and external factors of the government (Kingdon, 1995). The factors and actors that worked together to put ‘fracking’ on the agenda of the California Assembly and Senate are interesting because of the wide range of opinions held by the proponents ...

Evaluate the Nandos’ marketing environment by PESTEL in UK and give some recommendations.

Nando’s UK specializes in chicken dishes from Portugal. The PESTEL analysis involves the analysis of the political, economic, socio-cultural, technological, environmental and legal factor analysis of Nando’s in UK.

Political Factors

UK has a stable political environment that is favorable for the growth of business in the country. UK has passed an anti-bribery law that ensures and makes it illegal for individuals to accept, offer, promise, request or receive bribes in UK . The act provides a healthy and transparent environment for effective corporate governance practices and businesses can operate freely in such an environment without having the need to bribe government ...

Human life entirely depends on water for survival. Water has many uses ranging from domestic to commercial. Each state in America has a right to access adequate water that is enough to sustain its populace. However, in the Southeast where swamps, rivers, the heavy thunderstorms, high humidity, and marshes are common, few individuals thought that water scarcity would be a major problem. The urban growth in the three states Georgia, Florida, and Alabama and the recent droughts in the last decades stir fierce battles between the partisan states. The paper describes water wars between the three states, presents a viable solution, and ...

Response, Compensation and Liability Act

Environmental regulations are sometimes controversial and costly, but many have the potential to be very effective at addressing or preventing environmental and related problems. One law that highlights the important role of environmental regulation, as well as the controversial nature of many environmental laws and demonstrates the importance of amendments is the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or Superfund. CERCLA has its origins in the late 1970s, when a large number of abandoned hazardous waste dumps posing a threat to the environment and human health were discovered. The most famous of these hazardous waste ...

International Laws

Questions One: International laws in order of priority in line with their importance to international politics, in this paper’s view, are as follows: public international law, conflict of laws, international criminal law, international humanitarian law, international law of war, international arms control, international environmental law and international trade law, the law of the sea and international financial law. Public international law concerns itself with the state responsibilities as among states and other international personalities. Conflict of laws deals with issues of jurisdiction where international parties of different jurisdictions are involved. International criminal law concerns itself with ...

INTRODUCTION

Water is an essential element of the ecosystem. In fact, it controls all processes related to the ecosystem. It acts as a base upon which all human, animal and plant life survives. The food consumed and the habitats of all animals and humans are all part and parcel of the positive impacts this natural resource holds over life. However, there have not been significant measures designed to protect this natural resource so as to keep it in its original form without placing an undue imbalance within the ecosystem (National Resources Defense Council, 2014). Environmental activists have come out several times ...

Senate Bill 4.

ABBREVIATIONS AND ACRONYMS Btus British thermal units CA California CASB 4 California Senate Bill 4 Chapt. Chapter CIPA California Independent Petroleum Association EIA Energy Information Agency MWh Megawatt hours SB Senate Bill Sect. Section US United States USA United States of America USGS United States Geological Survey Introduction On Friday, September 20, 2013 California Governor Jerry Brown signed into law the Senate Bill 4 (CASB 4) that sets up the organization of a permitting system for hydraulic fracking using the technique of fossil fuel well drilling ...

Victimless Crime

Introduction In essence the general assumption is that all crimes involve two main parties. These are the complainants and the perpetrators who later become the accused. However, a detailed examination of criminal law reveals that some crimes that are victimless. It is instructive to note that the concept of victimless crimes arises from the fact that nobody directly bears the consequences of the crime. However, in overall, all crimes committed have consequences which are always negative. The victimless crimes are those crimes that occur and cannot be traced to any particular victim. This paper shall examine some of the ...

Kuwait Fire

Kuwait faced a huge challenge in the year 1990 where the worst oil pollution occurred. This incident was brought about by the invasion of Iraqi troops which damaged the environment and the health of human beings. Oil is major contributor in the GDP of Kuwait as it leads to major revenue and employment. The war on between Iraq and Kuwait brought about major effects to the environment and victims (Baase, 2012). It also brought about constraints against the people involved by creating laws and sanctions. It was an incident where seven hundred and eight wells of oil were destroyed in ...

Answer 1

International law refers to the binding set of rules that govern the relationship between different nations in the world. The primary legal categories in which international laws are accepted by most nations include international economic law, international criminal law, international security law, International human rights, Diplomatic law, international environmental law and international humanitarian law. These substantive fields are rooted in the acceptance by the countries where the system is constituted. International economic law is a primary category of international law that defines how sovereign states conducts themselves in relation to international economic relations. It also encompasses the conduct of ...

The following is a review article on two Environmental Case opinions of two different panels of judges. The first case is related with an expansion plan for a nuclear energy based energy distribution company to which certain Environmental Groups raised issues of inconsistency of data provided by the company for permissions to acquire and keep land for future purposes. The second case is related to a natural gas distribution company that wished to lay a pipeline through United States area, although the pipeline would supply from one Canadian state to the other. The first case (470 F.3d 676, *2006 U.S. App. LEXIS ...

It’s Contestations in Contemporary Organizations

The Notion of Corporate Social Responsibility and It’s Contestations in Contemporary Organizations Every action or business operation of an organization is in some way related to social factors. As such, it is unavoidable for a company to lay sincere focus towards being a responsible and active corporate citizen. In order to thrive under this social dependence, corporations need to collaborate with scientists, activists and thought leaders to make Environmental Justice economically feasible. While corporate social responsibility was once considered to be philanthropic activities that could only be afforded by corporate giants, the view of the business community has changed ...

Fixing any kind of environmental damage is a complex, expensive and time-consuming problem. Whether it’s a natural disaster like a hurricane or a typhoon, or an environmental disaster caused by humans like global climate change or the BP oil spill, there are many different questions that must be asked. In most countries, different governmental bodies exist to help alleviate the strain that is placed on the general population when environmental damage happens. However, many people question whether environmental damage is solely the government’s responsibility. If it is not the government’s responsibility, who must take care of environmental damage when it ...

1. Describe what is being studied

The study is about the accuracy of social reporting by firms in the United States with a focus on the environmental performance reported in those social reports issued by firms with their annual reports. Specifically, the study seeks to evaluate the adequacy of environmental disclosures in social reports issued by corporate bodies in their annual reports for subjects with different backgrounds to form homogeneous perceptions of a firm’s environmental performance. The study also further seeks to examine the adequacy of environmental disclosures in annual reports of corporate bodies to objectively evaluate relative environmental performance among firms in the same ...

The National Environmental Policy Act (NEPA)

NEPA was created due to the increased concern and appreciation about wildlife and ecological system during the 1969. It is an environmental law that sought to promote environmental care through the establishment of a national policy. The Act seeks to lay done specific environmental goals and policies (Bass, Bogdan & Bass 2001). Secondly it provided for the formation of implementation and enforcement for the provided policies through relevant federal agencies. Finally, the Act, provided for the creation of Council on Environmental Quality attached to the President’s Office. The CEQ role is to advise the President on national status on ...

Environmental law is made up of treaties, statutes, regulations, conventions and common law that operate in order to regulate the interaction of human beings with the natural environment. Principally, environmental laws exist in order to guard destructive against human behavior on the environment draws considerations from the following five principles; ecology, stewardship, conservation, sustainability and responsibility. The observance of these principles ensures that man does not damage the environment at his own expense in accessing basic needs such as water, food and air as well as in the day-day human engagements such as commerce (Baker & McKenzie, 2007). These ...

To begin with, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) can be described as a rule, commandment and enforcement that is stipulated in the law of the United States of America (USA) whose responsibility is to: Regulate and control the importation or bringing in of pesticides; large scale or small scale manufacture and production of these pesticides; sale, retailing and vending of these pesticides and generally the use of these pesticides which also includes “antimicrobial products, all insecticides and insecticides repellents, all fungicides, herbicides, and vertebrae control agents” (Arnold and Anderson, 2001). On the other hand, Toxic Substance Control Act ( ...