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 now responsible for environmental purposes and for the governance of it was called as the section of environment, energy and resources also known as the SEER. In the year 1987 SEER became the SNRL (Section of Natural Resources). In 1997 SNRL became SONREEL which stands for Section on Natural Resources, Energy and Environmental Law. Then the SONREEL became the SEER.
3 - The four drivers of environmental conflicts are Scientific Uncertainty, Market failures, Mismatched scales and Conflicting values. Scientific uncertainty arises when there are not sufficient resources or evidences based on which future environmental decisions should be based upon. When there is not sufficient evidence stating the level of underground water at a certain point on the earth then confusion arises as to whether a bore well should be driven at that point which then leads to conflict. The market plays a significant role in environmental conflicts. A company may decide to treat their wastes but it may lose market share if the other players in the market do not treat their wastes as well, as to which the price will be lower and they will occupy a larger portion of the market. Mismatched scales are the conflicts arising when the actions in one part of the world affects the actions in another part. The burning of plastics in some parts of the world emits harmful gases which lead to global warming and melting of ice caps in another part of the world such as Antarctica. Conflicting values are the conflicts which arises when the one part of the community do not care about the harmful effects of the actions done by another part of the community.
4 - The two basic strategies to address scientific uncertainty are to get better information and the precautionary principle. The first strategy is based on getting more information to form a new policy. The precautionary principle is used for counseling against uncertain but significant threats. This principle prohibits any action which will produce some sort of danger to the environment.
5 - Public Good - It is an object that can be used by anyone in the community free of cost. It is provided by the government or any private person. Ecosystem Services - All the things that man get from nature are called as ecosystem services. The Tragedy of the Commons - The tragedy of the commons is a monetary issue in which each person tries to receive the best reward from an asset. As the interest for the asset overpowers the availability of the asset, each person who devours an extra unit straightforwardly hurts other people who can no longer appreciate the advantages. Collective Action Problem - It is a situation in which there are two choices and if all the people involved chose an option based on the economic issue then the outcome will be worse for everyone involved than it would have been if the people had chosen the other alternative. Free rider- It is a social issue where the people of a community use their share of natural resources without paying for it.
6 - Externalities - The actions of an industry or an organization which causes harmful results and when the cost of it is borne by the public then it is called as Externalities. Internalizing Externalities - When the cost of rectifying the mistakes done by the industry is borne by the industry itself it is called as Internalizing externalities. Negative and Positive Externalities - When the consequences of the actions of an industry or any person results in bad consequences it is called as negative externalities. Example of this is the action of an industry polluting the air. When the actions of an industry or a person results in positive consequences it is called as positive externalities. Example of this is a person owning a wetland which provides safe to fishes.
7- Race to the bottom - Race to the bottom is the situation in which one person rush to use all the natural resources available to the entire community.
8- Biocentrism and Anthropocentrism are to environment ethics. While biocentrism is a nature based ethic, anthropocentrism is a Human based ethic. This might lead to a conflict since Biocentrism puts environment first above all others and anthropocentrism puts the rights of the humans first.
9- The two main types of environmental law are common law and statutory law. Common law is based upon past decisions or issues. It revolves around nuisance, negligence, Riparian rights and negligence. It is the law which is passed officially by the government. It governs the usage of resources and also the protection of it.
10- The six doctrines under the common law are nuisance, negligence, trespass, strict liability, riparian rights and prior appropriation. Nuisance arises when a landowner uses his/her land for something which is disturbing to the neighbors. Trespass and negligence deal with single events which causes disturbances to the community. When someone spills oil on a neighboring property for one single time will come under trespass. The actions which are categorized to be dangerous will come under the doctrine of strict liability. Oil well drilling is an example of strict liability. Riparian rights doctrine says that the landowner can use a stream passing through his/her land for any purpose. Prior Appropriation rights doctrine says that the person who first uses the stream for a beneficial purpose gains all rights to use the stream.
11- The 4 types of dispute resolution are: Public consensus, Negotiation, Mediation and Arbitration. Public consensus is using the opinions of the public to settle a dispute. Negotiation is the process of indulging in talks between the two parties involved in disputes. Mediation is the use of a third party person to settle the dispute. Arbitration is the use of third party person to come to a decision based on evidence given.
12 - Standing - In legal terms, standing is a word for the capacity of a gathering to exhibit to the court adequate association with and hurt from the law or activity tested to bolster that gathering's support for the situation. Presumptive Validity - It means an assumption of legitimacy as against copyright or patent holder. Subsequently, a patent might be assumed legitimate. Similarly, every claim of a patent might be assumed legitimate autonomously of the legitimacy of different cases. Writ of Mandamus - A writ of mandamus is a request from a court to a second rate government official requesting the administration authority to legitimately satisfy their official obligations or right a man handle of circumspection. Injunction - A legal request limiting a man from starting or proceeding with an activity debilitating or attacking other person's legitimate right, or convincing a man to complete a specific demonstration. Precedent - A past action which is used a reference for future decisions. Statute - When a legislative assembly passes a written law it is called as a statute. Dissent - If an opinion varies drastically from the common opinion of the public it is called as a dissent. Administrative Law - The law which governs duties of the administrative part of the government is called as administrative law. Constitutional Law - The law which governs the interaction between different bodies of the state, such as legislature and judiciary, is called as constitutional law.
Works Cited
J.B. Ruhl, John Copeland Nagle, James Salzman , Alexandra B .Klass. The Practice and Policy of Environmental Law. Chicago: Foundation Press , 2015.
Pattron. Environmental Law. Lancashire, 15 April 2012.
The Legal Dictionary. Environmental Law. 3 Oct 2006. 22 Jan 2017 <http://legal-dictionary.thefreedictionary.com/Environmental+Law>.
