Environmental laws cover areas such as chemical waste dumps, air pollution and water
pollution and aims at protecting the environment. One court case involves the people affected by
river pollution to sue the company who is responsible.
Environmental law however is not like driving laws where you can just patrol the roads
and wait for someone to break the law. With environmental laws there are too many lakes and
wildlife habitats for officers to patrol. All what citizens can do is not to break the laws in place
and hope that the law enforcement does their best to stop those who do.
To be found civilly liable for violating environmental laws the standard of proof is based
upon “the preponderance of the evidence”. This means that the evidence presented is convincing
and more likely to be true than not true. Effectively, the standard is satisfied if there is a greater
than 50 percent chance that the evidence is true. By this way the environment is kept healthier.
Regulation is one of a number of tools to improve environmental quality, and it should be
used effectively with other approaches such as incentives. While the history of environmental
regulation shows that it has contributed to improved environmental outcomes, scientific evidence
indicates that numerous environmental problems are worse now.
In summary, environmental regulation is necessary. It can prevent the worst excesses,
and the existence of regulation and enforcement is itself an important deterrent. Environmental
regulation has resulted in environmental improvements. But also the costs and benefits of
regulation relative to other approaches should always be considered when contemplating how
best to manage a particular environmental issue.
3
References
https://www.epa.gov/enforcement/basic-information-enforcement
4
McAllister, L., K. (2005) Judging GMOS: Judicial Application of the Precautionary Principle
in Brazil, 32 Ecology L.Q. 149, 157-158
McManus, P. (2009). In International Encyclopedia of Human Geography
Soto, M., V. (1996). General Principles of Environmental Law, 3 ILSA J. INT’L & COMP. L