An introduction

to
Environmental law

Environment: Definition
Environment includes
water, air and land
and
the inter-relationship which exists
among and between water, air, land
and
human beings, other living creatures, plants,
micro- organisms and property
S.2(a) EPA

Anthropogenic approach

Public trust doctrine

precautionary principles
sustainable development
polluter-pays principle
Inter-generational equity
HR approach to environment protection
in human-wildlife conflict
Doctrines evolved: no role protecting an
endangered species

Eco-centrism

Customs and law in India

Dharma to worship nature river, tree, sacred groves
Sun, air, fire, water and earth - yagnas
The universe along with its creatures belongs to the Lord. No
creature is superior to any other. Human beings should not be
above nature. Let no species encroach over the rights and
privileges of other species- Isha Upanishad
Mauryas and Mughals: Advent of the British and the forest laws
Article 51-A (g) of the Constitution
Conventions
EPA and BDA, CITES and CBD : shift from environmental rights to
ecological rights .
Convention for Conservation of Antarctic Marine Living Resources,
1980; the Protocol on Environmental Protection to the Antarctic
Treaty, 1998; the Bern Convention on the Conservation of
European Wildlife and Natural Habitat, 1982; CITES and CBD

Man-animal conflict: when?

Not only natural causes but human failures

Human population growth
Land use transformation
Too much access to reserves
Species loss of habitat
Eco-tourism
Increase in livestock population bordering the forest
Wild animals
a) damaging crops and property
b) Killing livestock and human beings
) Depletion of natural prey base
) Can environmental justice be achieved if we drift away from
eco-centric to the anthropocentric approach?

Relation with other disciplines

a)
b)
c)
d)
e)
f)

Anthropology
Political science
Economics
Biology
Ecology
Forestry,

Relation with other laws

a) Constitutional law,
b) administrative law,
c) social welfare law,
d) law of torts,
e) International law,
f) criminal law,
g) tax law

Sources
(i) common law
(ii) statute law
(iii) customs and practices
(iv) international Conventions

DECISIONS OF COURTS

Nuisance action
Judicial Review

Judicial Review: Locus standi

Juristic personality
Inanimate objects are sometimes parties in
litigation. A ship has a legal personality, a fiction found
useful for maritime purposes so it should as respects
valleys, alpine meadows, rivers, lakes, estuaries,
ridges, grooves of trees, swamp land or even air
- Douglas in Sierra Club v Morton, 405 US 727, 31 L Ed 2d
636
If a person can be an idol, a corporation or a ship or an
institution, the expression can include living creatures other
than human beings as well as inanimate things - Christopher
Stone
plants do have a soul JC. Bose - Why cant lion tailed
monkey, a tiger an elephant , a fish, or a tree, a mountain or a
steam has the right?
Lawyers representing others and Amicus curie.
PIL breaks traditional barriers.

Statutes
Wild Life (Protection) Act 1972- WLPA
Water(Prevention and Control of Pollution)
Act 1974
Forest (Conservation) Act 1980 FCA
Air (Prevention and Control of Pollution) Act
1981
Environment (Protection) Act 1986 - EPA
Public Liabilities Insurance Act 1991 - PLIA
Bio-diversity Act 2002 - BDA
Scheduled Tribes And Other Forest Dwellers
Act 2006
Green Tribunal Act 2011 - GTA

Benefits of Statutes

Deterrent sanctions and effective

remedies
An administrative agency
Better public participation
Avoiding costly and retracted litigation
Class action and citizen suits
EPA - air and water laws
No specific statutes for civil action

International
Conventions

Stockholm 1972
Rio 1992
Johannesburg 2002
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora 1973 (CITES)
Convention
on
Bio-Diversity
1992(CBD)