Environmental Justice & Challenges (DP IB Environmental Systems & Societies (ESS))

Role of Environmental Law

• Environmental justice refers to the fair distribution of environmental benefits and responsibilities, ensuring that all communities, populations, and societies, regardless of socioeconomic status or race, have equal access to a healthy environment (and are all responsible for ensuring this occurs)

  • Environmental laws play a crucial role in addressing environmental injustices and promoting sustainability, but they face challenges, including political lobbying and economic interests

The importance of environmental laws in addressing environmental justice

• Equitable distribution:

  • Environmental laws aim to ensure that the benefits of environmental protection are shared equally among all communities, particularly those disproportionately affected by pollution and environmental degradation

• Protection of vulnerable communities:

  • Environmental laws provide legal mechanisms to protect vulnerable communities, such as low-income neighbourhoods and Indigenous populations, from environmental harms and injustices

• Promotion of sustainability:

  • By regulating activities that contribute to environmental degradation, such as pollution and resource exploitation, environmental laws support long-term sustainability and the well-being of both present and future generations

Challenges faced by environmental laws

• Political lobbying:

  • Economic interests and economically powerful stakeholders often lobby against environmental regulations that may impact their profitability, leading to resistance and delays in passing environmental laws

• Short-term economic priorities:

  • Economic systems often prioritise short-term gains over long-term environmental sustainability, making it challenging to enact laws that protect natural resources and promote environmentally ethical behaviour

• Complexity and uncertainty:

  • Environmental issues are often highly complex and involve many factors, leading to challenges in creating and implementing effective laws that address root causes and prevent unintended consequences

Examples of lobbying

1. Keystone XL Pipeline:

• The Keystone Pipeline is a system of oil pipelines that transports crude oil from Canada to refineries in the United States

  • A fourth pipeline expansion segment, called the Keystone XL Pipeline, was proposed to increase the capacity for transporting crude oil from Canada to the United States, aiming to meet growing energy demands and reduce dependence on oil imports from other countries

• The Keystone XL Pipeline project faced significant opposition from environmental groups and Indigenous communities in Canada and the United States due to concerns about its potential environmental impacts, including the risk of oil spills and contribution to climate change

• Despite widespread protests and legal challenges, the project received approval from the government after years of lobbying from the oil industry

  • For example, they argued that the project would create jobs and stimulate economic growth

• However:

  • In 2015: the project was temporarily delayed by President Barack Obama

  • In 2017: President Donald Trump took action to permit the pipeline's completion

  • In 2021: President Joe Biden signed an executive order to revoke the permit granted to TC Energy Corporation for the Keystone XL Pipeline

  • In 2021: TC Energy abandoned the project

2. Paris Agreement Resistance:

• The Paris Agreement (2015) is an international treaty aimed at addressing climate change by reducing greenhouse gas emissions and promoting sustainable development

• However, efforts to implement the agreement face challenges due to political disagreements and resistance from industries that rely on fossil fuels

3. National Rifle Association (NRA):

• The NRA is a powerful lobbying group representing gun owners in the United States, advocating for gun rights and related issues

• While primarily focused on gun legislation, the NRA's lobbying efforts have extended to environmental policies, particularly those related to hunting and conservation

• The NRA has been accused of lobbying against laws aimed at protecting endangered species, such as wolves, and advocating for legislation that would allow hunting in protected areas, potentially threatening vulnerable wildlife populations

Success of Environmental Law

• Environmental law is integrated into the legal frameworks of most countries, but its effectiveness varies from country to country

  • Success depends on factors such as enforcement mechanisms, societal acceptance, and the amount of financial resources allocated for environmental protection

• Effective enforcement:

  • Strong administrative and legal institutions are essential for enforcing environmental laws

  • This includes regulatory agencies that are responsible for monitoring compliance, as well as courts responsible for adjudicating environmental disputes

    • In Germany, for example, the Federal Environment Agency (UBA) is an efficient regulatory agency that oversees environmental protection efforts and enforces regulations to ensure compliance

• Societal acceptance:

  • Environmental laws are more likely to succeed when they are widely accepted and supported by the public

  • Education and awareness campaigns can help with understanding and promote behavioural changes that align with environmental goals

    • For example, the ban on single-use plastic bags and bottles in Rwanda has been widely embraced by the population, leading to significant reductions in plastic waste and pollution

• Adequate Funding:

  • Sufficient financial resources are necessary to support the implementation and enforcement of environmental laws, as this can be expensive to do successfully

  • This includes funding for monitoring and enforcement efforts, as well as investments in research and technology to develop sustainable solutions

    • For example, the European Union's LIFE programme provides funding for environmental and climate action projects, supporting initiatives aimed at conservation, pollution reduction, and sustainable development

    • However, budget cuts to environmental agencies and programmes can undermine enforcement efforts and limit the effectiveness of environmental laws (as seen in some regions during economic downturns)

Limitations of environmental law

• The effectiveness of environmental law can be limited by factors such as political will, conflicting interests, and competing priorities

  • Political will plays a particularly influential role in the success of environmental law and policy

  • Without strong leadership and commitment from policymakers, efforts to address environmental challenges may be slowed or weakened, leading to inadequate regulation and protection of natural resources

  • While political will can be influenced by public opinion, environmental issues may not always command the same level of public attention as other pressing concerns, such as economic recessions, wars or health crises (e.g. pandemics)

  • Without strong public advocacy and pressure, politicians may not prioritise environmental legislation or enforcement efforts

Examples of Successful & Unsuccessful Environmental Legislation