We face many alarming environmental issues, ranging from air pollution to climate change and biodiversity loss. There is no simple solution, but environmental law provides a crucial framework to help preserve natural resources and protect ecosystems. Shaping resource management and biodiversity preservation, many rules and regulations aim to hold businesses and government agencies accountable. These legislative efforts help limit the impact of human activities on the environment and on public health.
These laws, although important, can be difficult to navigate and can present significant compliance challenges across industries. It takes an in-depth understanding of legal principles and precedents to reveal how organizations can adhere to strict regulations while achieving their strategic goals and supporting a shared vision of a sustainable future.
Many non-lawyer professionals influence environmental law and its strategic implementation. These passion-driven individuals aim to strike the ideal balance between environmental and economic priorities by guiding compliance efforts while promoting sustainable solutions.
Interested in shaping the future of environmental law and sustainable development? Keep reading to discover the many challenges and opportunities surrounding environmental compliance and see how you can promote sustainable solutions with a Master of Legal Studies.
The Evolution of Environmental Law in the United States
The U.S. has long had a complex relationship with natural resources and the environment. As experts from the National Park Service (NPS) point out, many of today's central environmental concerns were relevant as soon as early colonists arrived, and "deforestation, urbanization, and industrialization all produced profound environmental changes." Over time, however, policymakers have recognized both the philosophical and economic value of conservation, as reflected by today's most significant environmental regulations.
Early Legislation and Its Lasting Impact
Initial environmental laws emerged during the Industrial Revolution in tandem with the early conservation movement. During this time, well-known figures such as Henry David Thoreau romanticized the natural world and advocated for stewardship. This reverence was shared by several political figures of the time, including, most notably, Theodore Roosevelt.
One of the earliest efforts to build conservation into public policy involved the Forest Reserve Act of 1891, which designated public lands as forest reserves. Soon after, the Refuse Act barred the "dumping of refuse" initially in hopes of limiting debris that, at the time, impeded water-based navigation. Woodrow Wilson later signed the law responsible for creating the National Park Service, leading to the designation of the many parks and monuments revered to this day.
The Development of Modern Environmental Law
While early conservation efforts brought an ethos of stewardship and responsible resource management to the public sphere, this was followed by accelerated environmental legislation that responded to the pollution, biodiversity loss, and other alarming issues that quickly became impossible to ignore.
The modern environmental movement coincided with Rachel Carson's groundbreaking work Silent Spring, which painted a troubling picture of the impact of pesticides on birds. This ushered in a wave of laws designed to address a complex array of environmental challenges.
Notable examples include the Clean Air Act and the Clean Water Act, which we will discuss in more detail below. Sustainability regulations and enforcement took a definite step up with the creation of the Environmental Protection Agency (EPA), which initially was meant to merge various pollution control agencies and environmental responsibilities into a single, impactful agency.
Key Principles Guiding Environmental Law
Environmental law has evolved over time but remains guided by core principles. These include sustainability, the public’s right to clean air and water, and ensuring future generations can access diverse ecosystems and natural resources.
The Precautionary Principle and Risk Management
Encouraging decision-makers to pursue proactive measures, the precautionary principle suggests that, if a proposed policy or action is expected to cause harm to the public or the environment, precautionary measures should be implemented, even if the exact nature of the anticipated harm is not yet understood.
The principle's roots can be traced back to a previously prominent German principle known as Vorsorge (foresight), or the Vorsorgeprinzip. This arose during the 1970s as part of West Germany's effort to address the identified culprits behind acid rain: sulfur dioxide and nitrogen oxide pollution.
While this principle has sparked some skepticism, advocates feel that the precautionary principle plays an imperative role in protecting human health and natural resources. From a risk management perspective, the precautionary principle reveals the value of erring on the side of caution, aiming to address possible threats before they have the chance to escalate.
Sustainable Development Goals and Legal Frameworks
Sustainable development ties environmental concerns to economic efforts, striving to promote practices that address current priorities without compromising future needs. This draws on the concept of stewardship, in which society strives to protect and preserve natural resources so future generations can enjoy them.
With sustainable development, however, there is also a desire to create and maintain other resources that can benefit society in the future. This could encompass everything from affordable housing to public transportation or investments in renewable energy. Many agreements and frameworks have referenced or provided guidance to promote sustainable development, such as the Rio Declaration on Environment and Development.
The Polluter Pays Principle and Accountability
The polluter pays principle features an evocative name and an easy-to-understand concept, which is that those responsible for environmental damage should expect to cover the cost. This ethos forms the basis for many sustainability regulations in the European Union in an effort to improve accountability among business leaders. This could involve, for example, cleaning up areas polluted due to business activity or compensating communities adversely impacted by that pollution.
This principle's value is limited by the sheer difficulty of determining who is responsible for various types of pollution. In some situations, this is easily identified, as was the case with the Deepwater Horizon oil spill. However, as the EU points out, this can be more difficult when addressing "complex cases of persistent and prevalent pollution, such as air pollution resulting from diffuse sources." Still, organizations must be mindful of this principle when navigating environmental risk management and compliance concerns.
How Environmental Law Supports Sustainability
Environmental law and sustainability are not one and the same. The former seeks to establish a framework for promoting conservation and responsible resource management, but sustainability involves a broader effort to address a wide range of environmental concerns. Both are increasingly prioritized in the business world, however, as evidenced by robust compliance efforts along with environmental, social, and governance (ESG) initiatives.
Legal Approaches to Combating Climate Change
While early environmental law largely focused on pollution and resource management, climate change is increasingly significant in shaping sustainability regulations. Environmental experts widely recognize this as one of the most important challenges of our time, with seemingly modest increases in global temperature leading to a wide array of concerns: hastening biodiversity loss, for example, or sparking a rise in natural disasters as weather patterns become increasingly erratic.
Public skepticism regarding climate change has made it difficult to achieve sustained legislative action, although a few noteworthy laws strive to address the most significant sources of carbon dioxide emissions. The EPA, for example, has established clear standards regarding various sources of greenhouse gas emissions, with fuel efficiency standards guiding automotive manufacturing.
Biodiversity Conservation and Legal Protections
Biodiversity describes the richness of life on our planet, encompassing the many plants and animals that inhabit diverse ecosystems. Unfortunately, this has been in decline for decades, with the WWF’s Living Planet Report revealing an alarming 69 percent loss in wildlife populations during the last fifty years.
The Endangered Species Act provides the most significant framework for addressing biodiversity loss concerns. This legislation centers around threatened or endangered species and offers a framework for implementing recovery plans to restore at-risk populations or habitats.
Safeguarding Water and Air Quality
Many of today's most recognizable environmental laws center around water and air quality. The Clean Air Act, for example, has offered a noteworthy response to public concerns such as air pollution. The version of the legislation we are most familiar with today was passed as an amendment in 1970, with Congress recognizing the public's right to healthy air quality and acknowledging that state-based efforts were not sufficient to achieve this on a wide scale.
The Clean Air Act relies on the National Ambient Air Quality Standards (NAAQS) to determine the extent to which various pollution levels can be deemed safe. That being said, this legislation provides some flexibility for industries to leverage evolving technologies in their quest for reduced emissions.
Also influential, the Clean Water Act aims to reduce water pollution by setting strict standards for how waste is managed. Specifically, this mandates that the "discharge of any pollutant by any person shall be unlawful," with the ultimate goals of "restor[ing] and maintain[ing] the chemical, physical, and biological integrity of the Nation’s waters."
Environmental Law’s Connection to Public Health
Environmental law holds great intrinsic value; these regulations are worthwhile simply because we owe it to ourselves and to the planet to cherish natural resources and protect the environment on behalf of future generations. There are also economic considerations, however, including not only the high costs of biodiversity loss, but also the increased potential for destruction in response to climate-associated natural disasters.
Other concerns are also worth considering. For instance, environmental law touches on the manifestations of ecological damage in public health, revealing how ecological concerns contribute to global health challenges. Experts believe that environmental issues may play a role in sparking deadly pandemics, as habitat loss can increase opportunities to transmit zoonotic diseases to the human population. Environmental law can also help address public health concerns such as pollution-prompted respiratory issues.
The Role of Environmental Justice in Promoting Equity
Environmental justice suggests that everyone, regardless of race, gender, or socioeconomic status, has, as the National Resources Defense Council (NRDC) explains, "the right to the same environmental protections and benefits." This movement originated, in part, due to the growing realization that "those who live, work, and play in America's most polluted environments are commonly people of color and those living in poverty."
The concepts of environmental justice have shaped multiple efforts as it relates to equity. For instance, the Environmental Justice Executive Order 12898 to address environmental concerns that disproportionately impact low-income and minority populations. This influences activities undertaken by the Federal Emergency Management Agency (FEMA), which emphasizes "disproportionately high and adverse environmental and human health effects" as early as the project development stage.
Community Health and Environmental Safety Measures
Many environmental regulations strive to protect vulnerable populations' well-being while promoting conservation. These efforts are often closely aligned, especially when air quality, water quality, or hazardous materials are involved. For example, the Toxic Substances Control Act (TSCA) regulates the production and use of potentially harmful chemicals such as polychlorinated biphenyls (PCBs).
Legal Mechanisms for Pollution Control
Several regulations that emerged in the early days of the modern environmental movement centered around pollution, especially as smog was a huge source of concern during the 1960s and 1970s. Since then, several amendments and follow-up rules or regulations have aimed to deal with various sources of pollution while limiting its impact on wildlife and human health.
Air and Water Pollution Regulations
We have already discussed the impact of the Clean Air Act and the Clean Water Act, but these are just two of many regulations that speak to the broader effort to limit pollution in its many forms. For example, the Safe Drinking Water Act (SDWA) aims to keep public water free from contaminants. Other meaningful efforts have emerged at the state level, with the California Air Resources Board (CARB), for example, setting strict emission standards.
Waste Management and Recycling Compliance
U.S. businesses and residents produce significant waste, an estimated 4.9 pounds per person per day. If this is not handled strategically, it can contribute to climate change, soil contamination, and wildlife endangerment.
The Resource Conservation and Recovery Act (RCRA) gives the EPA the authority to "control hazardous waste from cradle to grave." This aims to protect both humans and the environment from the many hazards associated with waste disposal. Advocates believe that this has helped the public become more mindful about waste management.
Recycling laws are primarily handled at the state level, although the EPA has pursued the National Recycling Strategy (NRS) to create a more resilient recycling system nationwide. The NRS aims to overcome long-held challenges such as public confusion regarding what can be recycled, along with "outdated recycling infrastructure [and] diminished markets for recycled materials."
Sustainability and Resource Management
Natural resource management determines how everything from water to soil and even forests are utilized and conserved. This has long been a cornerstone of federal environmental law, shaping resource extraction and access to public lands. Strategic resource management is crucial because it limits the potential for rapid depletion or degradation — issues that would harm not only the environment but could ultimately be problematic from a commercial or industrial perspective.
Water Rights and Legal Access
While the federal government provides safeguards designed to maintain water quality, things become a bit murkier where legal access to water is involved. There is currently no right to safe drinking water recognized at the federal level, although this is sometimes recognized at the state level, as evidenced by California's Human Right to Water Bill.
Beyond this, riparian rights are largely acknowledged in eastern states, where landowners enjoy access to adjacent water sources. To the west, however, prior appropriation forms the basis for a "first come, first served" approach to water rights. In some states, complex legal frameworks blend elements of both riparian rights and prior appropriation.
Natural Resource Conservation Laws
Natural resource conservation goes beyond water access to govern soil and sediment control, wetland and forest conservation, or mining activities. Many laws regulate activities that could potentially compromise critical resources. For example, the National Environmental Policy Act (NEPA) ensures that proper consideration is given to environmental concerns before undertaking federal actions that could have a negative impact.
The Natural Resources Conservation Service (NRCS) helps landowners contribute to resource conservation efforts while addressing concerns such as soil erosion. The National Wilderness Preservation System (NWPS) sets aside wilderness areas for active preservation, with these spaces managed by agencies such as the National Park Service and the US Forest Service.
Renewable Energy Regulations and Policies
Dominant energy sources such as coal and natural gas present significant environmental challenges, including harmful emissions and ecosystem degradation. Renewable strategies aim to resolve these concerns by offering cleaner and more sustainable sources of energy, such as solar, wind, or hydroelectric power. Adoption has remained slow, in part due to high initial costs. Renewable energy policies strive to encourage investments in solar, wind, and other sustainable energy sources, often by offering subsidies.
Exploring Careers with an M.L.S. Degree in Environmental Law
A Master of Legal Studies encourages non-lawyer professionals to develop expertise in the many legal frameworks that impact diverse industries. This program offers many purpose-driven concentrations, including Healthcare, Real Estate, and Finance, among others. Students who focus on environmental law emerge feeling empowered to advocate for policies that safeguard both the environment and human health.
Building Expertise in Environmental Legislation
Providing a thorough overview of the many rules and regulations highlighted above, an M.L.S. helps students understand the complexities of environmental law so that they can analyze and apply it effectively as they take on various compliance or advocacy roles. These insights are further influenced by M.L.S.-guided explorations of ethics and leadership values, especially as they relate to regulatory compliance and organizational culture.
Career Opportunities and Emerging Roles
Many influential professionals can leverage an M.L.S. to help organizations operate within legal boundaries while driving meaningful change. Those who study environmental law may be drawn to roles such as environmental compliance specialist or environmental health and safety manager. Many sustainability-focused consulting opportunities are also available, allowing M.L.S. graduates to advise clients on eco-friendly practices.
Lifelong Learning and Staying Current with Regulations
An M.L.S. encourages graduate students to adopt a spirit of continuous learning, with the recognition that legislation (and the movements or political environments that spark it) will change considerably over time. This program provides a detailed overview of the legal principles that form an enduring foundation, along with insight into relevant rules and regulations. Beyond this, however, an M.L.S. helps students develop legal literacy so that they can continue to keep up with evolving legislation.
International Environmental Law and Its Global Impact
Global conservation inconsistencies make it difficult for eco-conscious nations to reach their intended impact. Increasingly, however, many nations have demonstrated a willingness to coordinate environmental efforts and align their conservation strategies. Several promising treaties and agreements reveal an increasingly global commitment to addressing environmental challenges.
The Paris Agreement and Climate Change Commitments
The Paris Agreement represented a landmark moment in international efforts to combat climate change. Focused on reducing global greenhouse gas emissions, this agreement aims to limit the rise of global average temperatures to under 2 degrees Celsius. While U.S. commitment has not proven consistent, this agreement remains relevant to American businesses. After all, global markets and supply chains are increasingly influenced by the agreement's climate-focused goals and initiatives.
Managing Transboundary Pollution Through Cooperation
Transboundary pollution complicates environmental principles and practices, making it difficult to determine key sources of pollution or strategies for promoting accountability. There is no simple solution, but through cooperation, states and nations can make aligned progress towards shared environmental goals. This calls for extensive research and diplomacy, with authorities such as the United Nations Environment Program helping to coordinate responses to numerous environmental challenges.
Enforcing Environmental Law in Practice
Policymaking can provide a strong start, but this accomplishes little unless organizations make an active effort to abide by regulatory requirements. Because skeptics worry that this impedes economic progress, it often takes significant pressure to ensure compliance while convincing leaders that financial profitability and eco-friendly practices are not mutually exclusive.
The Role of Regulatory Agencies in Enforcement
The most ambitious environmental legislation could have a muted impact if strong enforcement activities do not accompany it. This is where agencies such as the EPA come into play. Environmental agencies promote accountability through incentives and penalties, encouraging organizations to follow regulations and exceed sustainability goals.
Legal Consequences for Non-Compliance
Non-compliance can carry significant legal repercussions, although a lot depends on how enforcement activities are prioritized and the severity of the violations in question. With major incidents, the polluter pays principle may shape repercussions. In other situations, administrative fines or civil penalties may be assessed. These consequences can hold greater implications, sparking not only legal consequences, but also potential reputational damage.
Champion Sustainability with a Master of Legal Studies
Pursue your passion for sustainability with an online Master of Legal Studies from the University of Miami School of Law. Through fascinating land use, sustainable development, and ethics courses, you will discover powerful opportunities to advocate for a sustainable future while helping businesses drive innovation.
Miami Law's M.L.S. program encourages you to think critically about the many challenges that face the modern regulatory environment and business community and discover how you can be part of the solution. Reach out today to learn more.
Sources
https://admissions.law.miami.edu/academics/mls/
https://www.fs.usda.gov/learn/our-history
https://www.epa.gov/laws-regulations/laws-and-executive-orders
https://www.mdpi.com/2071-1050/16/6/2600
https://www.sciencedirect.com/topics/earth-and-planetary-sciences/precautionary-principle
https://www.fws.gov/law/endangered-species-act
https://www.weforum.org/stories/2022/10/nature-loss-biodiversity-wwf/
https://www.fema.gov/fact-sheet/executive-order-12898-environmental-justice
https://environment.ec.europa.eu/economy-and-finance/ensuring-polluters-pay_en
https://www.nrdc.org/stories/environmental-justice-movement
https://daily.jstor.org/the-precautionary-principle-environment/
https://www.eea.europa.eu/signals-archived/signals-2020/articles/interview-does-the-polluter-pay
https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act
https://www.epa.gov/system/files/documents/2021-11/national-recycling-strategy-executive-summary.pdf
https://www.nps.gov/subjects/wilderness/law-and-policy.htm
https://www.iisd.org/articles/deep-dive/precautionary-principle
https://www.awwa.org/safe-water-drinking-act/#history
