Various state and federal environmental laws have been passed through legislative action and acts by governmental organizations. Congress has granted authority to several federal agencies, notably the United States Environmental Protection Agency (EPA), to examine and uphold environmental laws and regulations.
Environmental law specifically refers to the rules and laws governing:
- Pollution;
- Organic resources;
- Rights of animals; and
- Saving the environment.
Environmental regulations used to be primarily focused on nuisance principles. Regulations that handle offensive odors emanating from contaminated land or water are an excellent illustration of this. Today’s environmental rules and regulations are made to protect the environment and keep it that way without disrupting business and commerce.
According to American law, this strategy is carried out by regulations and incentives. Inducements are favorable or unfavorable motivations meant to persuade individuals or groups of individuals to follow environmental policy.
Environmental Violations: What Are They?
Environmental infractions are behaviors or situations that contravene environmental laws or regulations. Here are a few instances of environmental offenses:
- Illegal disposal of hazardous waste;
- Illegal use of pesticides
- Burning trash
- Removing and removing asbestos improperly;
- Removal of wetlands;
- Industrial activity that is not authorized;
- Releasing airborne particles; and
- Illegal emissions from vehicles.
A couple of notable examples of environmental emergencies are chemical and oil spills. Introducing harmful amounts of garbage, chemicals, or hazardous substances into the environment is called “environmental contamination.”
This includes non-toxic contaminants like salt, for example. A suitable illustration would be to throw salt onto someone’s land, effectively making it unusable for farming. It is not detachable and has a lifespan of hundreds of years. As a result, the pollution is too severe to be salvaged, rendering it useless.
Any property or location damaged by an environmental breach is considered contaminated.
Examples comprise:
- Minerals are extracted;
- Unforeseen spills;
- Unlawful dumping;
- Waste management;
- Use of pesticides
- Applications of fertilizers;
- Engagement in national defense; and
- Natural occurrences like hurricanes.
The EPA oversees the cleanup of hazardous sites around the nation and keeps an eye on them.
Environmental infractions are civil in nature, which means that civil lawsuits, not criminal trials, are used to enforce them. Environmental offenses often result in financial penalties, while particularly severe offenses may result in criminal charges.
Numerous entities enforce environmental law violations, and these agencies have the authority to adjudicate environmental violation cases through administrative hearings. You can be asked to provide documentation and environmental reports by the EPA or your local government. If you are found to have violated or contaminated the environment, you should also be ready to start the remediation procedure.
The more these violations are concealed, the more severe the consequences and criminal penalties will be.
Governing Environmental Law Concerns
Environmental regulations are regulated at both the state and federal levels. Congress has permitted numerous federal agencies to look into environmental issues and implement federal environmental laws and regulations.
Federal environmental regulations are frequently investigated by and enforced by the Environmental Protection Agency (EPA). State agencies enforce environmental regulations unique to each state’s regional requirements. A few environmental clauses are as follows:
Congress passed the Clean Water Act to control water pollution and hold offenders accountable. According to the Clean Water Act, specific permission is required to discharge pollutants into any navigable water. For releasing contaminants into water, both the EPA and ordinary residents have the right to bring legal action against a person or company.
Congress passed the Clean Air Act to control air pollution from specific sources. The EPA has established several guidelines for the permissible level of emissions from these sources and has defined air emission guidelines for several regions throughout the country.
Under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), both the current and previous property owners may be held liable for the costs associated with the cleanup of environmental hazards on the land. To manage and clean up hazardous waste sites, spills, and other damaged lands, CERCLA established a government superfund.
CERCLA justifies innocent owners. A court will not hold an owner responsible for the cleanup under CERCLA if she conducted all necessary investigations into the previous uses of the property and found nothing that led her to believe that the land may have been the scene of a hazardous waste leak, disposal, or accident.
What Is the Convention on International Trade in Endangered Species of Wild Fauna and Flora?
In 1975, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was established, an international pact between governments worldwide. CITES works to ensure that trade in wild plants and animals does not endanger their ability to survive.
The countries voluntarily accepted to be bound by CITES are subject to its legal provisions. Each nation must enact its own legislation to guarantee that it is applied at the national level, even though it does not replace national laws.
CITES: Why Is It Important?
Because of the size of global trade, CITES is crucial. Millions of plant and animal specimens are traded each year internationally in the estimated billion-dollar wildlife trade. The trade consists of the following:
- Timber
- Living creatures and plants
- Musical instruments made of wood
- Items made from animals and plants found in the wild
- Rare leather products
Threats to the depletion and even extinction of several populations have been reported. CITES governs trade in wild plants and animals that occur across international borders.
The number of CITES permits and certificates issued yearly by Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is above 1 million. A wide variety of wildlife products are traded, including food items, unique leather goods, musical instruments made of wood, timber, tourist souvenirs, cosmetics, and medications, in addition to live animals and plants.
People can gain a lot by effectively regulating the trade in wildlife goods, such as guaranteeing sustainable livelihoods and preserving ecosystems and the essential services they provide.
What are the CITES Provisions?
CITES imposes certain restrictions on international trade. For instance, the Convention requires that every import, export, re-export, and introduction of a species on its list be approved through a licensing system.
Species are included in three Appendices according to the level of protection they require:
- Trade is only permitted in extraordinary circumstances for Appendix I (Species Threatened with Extinction)
- Appendix II contains species that aren’t necessarily in danger of becoming extinct but whose trade has to be managed to prevent use that would jeopardize their survival.
- Species protected in at least one nation that have requested assistance from other CITES parties are listed in Appendix III.
To oversee the licensing system, Management Authorities must be chosen by each Party to the Convention. They must also designate scientific experts to guide them on how trade affects various species. The proper documentation must be obtained for clearance at ports of entry or exit to import or export CITES-listed species.
CITES mandates that Parties to the Convention refrain from trading in listed species in any other way than in compliance with the Convention, implement reasonable enforcement mechanisms, ban and sanction trade that violates the Convention, and seize specimens that have been illegally traded.
The illegal wildlife trade hinders conservation efforts and harms the economy, society, and environment. Organized crime groups target some species on the CITES list because they are valuable commodities. Along with other significant crimes, including human, drug, and arms trafficking, organized wildlife trafficking needs to be addressed in law enforcement efforts.
No nation, institution, or group can combat illegal wildlife trafficking independently. Effective cooperation and teamwork between the range, transit, and destination States, as well as between all relevant authorities, such as border controls, customs, police, and the legal system, are essential.
Do I Need an International Trade and International Law Attorney?
You can better grasp national legislation with a government attorney knowledgeable in these matters. A lawyer would be best prepared to advise you on any potential legal concerns you may encounter if you intend to import or export an animal or plant.
