Concise Environmental Law Notes

UNIT I: The Idea of Environment

  • Environment: Totality of extrinsic, physical, and biotic factors affecting living things.
  • Pollution: Meaning, sources, kinds, and effects.
  • Ancient writings emphasize environmental protection.
  • Sustainable development balances environment and development.

UNIT II: Environmental Policy and Law

  • Environmental Policy: Shaped by pre & post-independence periods, constitutional provisions, and judiciary roles.
  • Key Principles: Absolute Liability, Polluter Pays, Precautionary, Inter-generational Equity, Public Trust.
  • Influence of international conventions: Stockholm, Rio, Johannesburg.
  • Environmental movements: Chipko, Appiko, Narmada Bachao Andolan.

UNIT III: International Law and Environmental Protection

  • Sustainable Development
  • International conventions: Stockholm, Rio, & Johannesburg Declarations drive environmental laws and policies.
  • Focus on trans-boundary pollution, common & criminal law aspects of environmental protection.

UNIT IV: Prevention and Control of Water & Air Pollution

  • Water Act, 1974 & Air Act, 1981: Address pollution control boards, powers, functions, offenses, penalties, and remedies.
  • Noise Pollution: Regulation & Control Rules, 2000.
  • Wildlife Protection Act, 1972: Addresses hunting and trade; Forest Conservation Act, 1980.

UNIT V: Environment Protection Act, 1986

  • Focus on ECO-Mark, Environmental Audit, Coastal Regulation Zones, and Environmental Impact Assessment (EIA).
  • Regulation of Bio-Medical Waste and Disposal of Solid Waste.

Key Definitions

  • Environment: Includes water, air, land, and their inter-relationships (Environment (Protection) Act 1986, Section 2(a)).
  • Environmental Pollution: Presence of environmental pollutants (Environment (Protection) Act 1986).
  • Air Pollutant: Solid, liquid, or gaseous substance injurious to humans, creatures, plants, environment (Air Pollution Act, 1981, Sec 2(a)).
  • Water Pollution: Contamination altering physical, chemical, biological properties, creating nuisance (Water Act, 1974, Section 2(6)).

Ancient and Medieval Perspectives

  • Ancient India: Emphasis on natural resource management (water bodies, forests, wildlife).
  • Medieval India: Mughal emperors established gardens; Muhtasibs prevented pollution.

Constitutional Provisions

  • Article 48A: State to protect and improve the environment.
  • Article 51A(g): Citizens' duty to protect the environment.

Environmental Movements

  • Chipko Movement: Non-violent resistance to protect trees.
  • Appiko Movement: Similar to Chipko, focused on Western Ghats.
  • Narmada Bachao Andolan: Protest against dam construction.

Sustainable Development

  • Meets present needs without compromising future generations' ability to meet their own.
  • Inter-Generational Equity: Conserving resources for future generations.
  • Precautionary Principle: Taking measures despite lack of full scientific certainty.
  • Polluter Pays Principle: Polluter compensates for environmental damage.
  • Public Trust Doctrine: Government as trustee of natural resources.

Legal Principles

  • Absolute Liability: No fault liability for hazardous activities.
  • Public Nuisance: Unreasonable interference with public rights (IPC Sections 268 & 290).
  • Strict Liability: Liability for damages caused by dangerous substances.

International Declarations

  • Stockholm Declaration (1972): Right to a life of dignity in a quality environment.
  • Rio Declaration (1992): States sovereign right to exploit resources but responsibility to prevent environmental damage to other states.
  • Johannesburg Declaration (2002): Commitment to sustainable development focusing on poverty eradication.