Industrial Environmental Management. Tapas K. Das
and categorizing air pollutants, setting limits on acceptable emissions levels, and dictating necessary or appropriate mitigation technologies.
2.8.2 Water Quality Law
A typical stormwater outfall, subject to water quality law:
Water quality laws govern the release of pollutants into water resources, including surface water, ground water, and stored drinking water. Some water quality laws, such as drinking water regulations, may be designed solely with reference to human health. Many others, including restrictions on the alteration of the chemical, physical, radiological, and biological characteristics of water resources, may also reflect efforts to protect aquatic ecosystems more broadly. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments.
2.8.3 Waste Management Law
A municipal landfill, operated pursuant to waste management law:
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
2.8.4 Contaminant Cleanup Law
Oil spill emergency response, governed by environmental cleanup law:
Environmental cleanup laws govern the removal of pollution or contaminants from environmental media, such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after‐the‐fact to environmental contamination, and consequently must often define not only the necessary response actions but also the parties who may be responsible for undertaking (or paying for) such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post‐remedial monitoring, and site reuse.
2.8.5 Chemical Safety Laws
Chemical safety laws govern the use of chemicals in human activities, particularly man‐made chemicals in modern industrial applications. As contrasted with media‐oriented environmental laws (e.g. air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g. Bisphenol A in plastic bottles) and regulating pesticides.
2.8.6 Water Resources Law
An irrigation ditch, operated in accordance with water resources law:
Water resources laws govern the ownership and use of water resources, including surface water and ground water. Regulatory areas may include water conservation, use restrictions, and ownership regimes.
2.8.7 Mineral Resources Law
Mineral resource laws cover several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.
2.8.8 Forest Resources Law
A timber operation, regulated by forestry law:
Forestry laws govern activities in designated forest lands, most commonly with respect to forest management and timber harvesting. Ancillary laws may regulate forest land acquisition and prescribed burn practices. Forest management laws generally adopt management policies, such as multiple use and sustained yield, by which public forest resources are to be managed. Governmental agencies are generally responsible for planning and implementing forestry laws on public forest lands and may be involved in forest inventory, planning, and conservation, and oversight of timber sales. Broader initiatives may seek to slow or reverse deforestation.
2.8.9 Wildlife and Plants Protection Laws
Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity or as a means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses, prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching.
2.8.10 Fish and Game Laws
Fish and game laws regulate the right to pursue and take or kill certain kinds of fish and wild animal (game). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide a legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice.
2.8.11 Principles
Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole (UNEP 1992). The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for the understanding of environmental law around the world.
2.9 Resource Sustainability
2.9.1 Environmental Impact Assessment
Environmental impact assessment (EA) is the assessment of the environmental consequences both positive and negative 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 programs most often proposed by organization of state (Eccleston 2017). 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.
2.9.2 Sustainable Development
Defined by the United Nations Environment Program (UNEP 1986, 1992, 2001, 2006, 2013) as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs,” sustainable development may be considered together with the concepts of “integration” (development cannot be considered in isolation from sustainability) and “interdependence” (social and economic development, and environmental protection, are interdependent). Laws mandating EPA and requiring or encouraging development to minimize environmental impacts may be assessed against this principle.
The modern concept of sustainable development was a topic of discussion at