Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.
The environmental movement is a social movement that aims to protect the natural world from harmful environmental practices in order to create sustainable living. Environmentalists advocate the just and sustainable management of resources and stewardship of the environment through changes in public policy and individual behavior. In its recognition of humanity as a participant in ecosystems, the movement is centered on ecology, health, as well as human rights.
Environmental protection is the practice of protecting the natural environment by individuals, groups and governments. Its objectives are to conserve natural resources and the existing natural environment and, where it is possible, to repair damage and reverse trends.
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers.
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.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.
Environmental Impact assessment (EIA) is the assessment of the environmental consequences 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 programmes most often proposed by organs of state. It is a tool of environmental management forming a part of project approval and decision-making. 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.
Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought suit against the Environmental Protection Agency (EPA) represented by Gregory G. Garre to force the federal agency to regulate the emissions of carbon dioxide and other greenhouse gases (GHGs) that pollute the environment and contribute to climate change.
The Goa Foundation is an Indian environmental action group. One of the best known in Goa, it was founded in 1986 by a group of Goan environmentalists each fighting individual environmental battles, the organisation today holds influence with the judiciary, government and the general public, having persisted with its environmental agenda for nearly two decades.
The United States Department of Justice Environment and Natural Resources Division (ENRD) is one of seven litigating components of the U.S. Department of Justice. ENRD's mandate is to enforce civil and criminal environmental laws and programs protecting the health and environment of the United States, and to defend suits challenging those laws and programs.
The environment of India comprises some of the world's most biodiverse ecozones. The Deccan Traps, Gangetic Plains and the Himalayas are the major geographical features. The country faces different forms of pollution as its major environmental issue and is more vulnerable to the effects of climate change being a developing nation. India has laws protecting the environment and is one of the countries that signed the Convention on Biological Diversity (CBD) treaty. The Ministry of Environment, Forest and Climate Change and each particular state forest departments plan and implement environmental policies throughout the country.
There are multiple environmental issues in India. Air pollution, water pollution, garbage, domestically prohibited goods and pollution of the natural environment are all challenges for India. Nature is also causing some drastic effects on India. The situation was worse between 1947 through 1995. According to data collected and environmental assessments studied by World Bank experts, between 1995 through 2010, India has made some of the fastest progress in addressing its environmental issues and improving its environmental quality in the world. However, pollution still remains a major challenge and opportunity for the country.
A private attorney general or public interest lawyer is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits.
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from India's constitutional provision of Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment. This Act serves as a basis for the establishment of the National Green Tribunal (NGT).
Subhas Datta is an environmental activist, and has been so for over three decades. He is a qualified chartered accountant by profession. Since 1995, Datta has aired the grievances of the masses before the judicial forum through filing Public Interest Litigation (PIL).
Indian environmental law concerns the law and policy of India concerning the protection of the environment, measures taken to reverse climate change and achieve a zero carbon economy.
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow climate change politics delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.
The National Green Tribunal (NGT) is a statutory body in India that deals with expeditious disposal of cases related to environmental protection and other natural resources. It was set up under the National Green Tribunal Act in 2010. India is the third country in the world, after Australia and New Zealand, to set up a statutory body for environmental protection.
