Environmental Problems, Their Causes, and Sustainability 1

Figure 27-7 Generalposition of severalmajor environmentalproblems in the policylife cycle in mostdeveloped countries.RecognitionIdentify the problem.Nonpoint-sourcewater pollutionIndoor air pollutionReuseMining wastesGroundwatercontaminationFormulationLook for solutions.Global warmingUrban sprawlNuclear wastesBiodiversity protectionPollution preventionToxic wastesImplementationImplement solutions.Acid depositionOzone depletionMunicipal solid wasteProtectingendangeredspeciesPest controlControlThings are improving.Outdoor air pollutionSewage treatmentDrinking watertreatmentPoint-source waterpollutionRecyclingEnvironmentallyharmful subsidiesMarket prices donot includeenvironmentallyharmful costsNeed for integratedenvironmentalmanagementResource productivityAquifer depletionEnvironmentaljusticeSustainableeconomicdevelopmentSoil erosionSome infectiousdiseases27-4 ENVIRONMENTAL LAWWhat Is Environmental Law and HowDoes It Evolve? A Mix of Legislation andTraditionThe body of environmental laws is constantlyevolving through legislation and lawsuits.Environmental law is a body of statements definingwhat is reasonable environmental behavior for individualsand groups, according to the larger community,and attempting to balance competing social andprivate interests. It includes statutory laws, administrativelaws, and common laws.Statutory laws are those developed and passed bylegislative bodies such as federal and state governments.Administrative laws consist of administrativerules and regulations, executive orders, and enforcementdecisions related to the implementation and interpretationof statutory laws. Common law is a bodyof unwritten rules and principles derived from thousandsof past legal decisions along with commonly acceptedpractices, or norms, within a society. Most of itconsists of case law, a body of legal opinions derivedfrom past court decisions. The body of laws is continuouslyevolving, as almost every major environmentalregulation is challenged in court.Most environmental lawsuits are civil suits—thosebrought to settle disputes or damages between oneparty and another. Many common law cases are settledusing the legal principle of nuisance. A nuisance occurswhen people use their property in a way that causesannoyance or injury to others. For example, a homeownermay bring a nuisance suit against a nearby factorybecause of the noise it generates.In such a civil suit, the plaintiff, the party bringingthe charge, seeks to collect damages for injuries tohealth or for economic loss from the defendant, theparty being charged. The plaintiff may also seek an injunction,by which the defendant would be required tostop whatever action is causing the harm. An individualor a clearly identified group may bring such asuit. A class action suit is a civil suit filed by a group,often a public interest or environmental group, on behalfof a larger number of citizens who allege similardamages but who need not be listed and representedindividually.Using the principles of common law, the courtmay side with the plaintiff if it finds that the loss ofsleep, health problems, or other damage from the noiseis greater than the cost of eliminating or reducing thenoise. Short of closing the factory, often the court triesto find a reasonable or balanced solution to the problem.For example, it may order the factory to reduce616 CHAPTER 27 Politics, Environment, and Sustainability