Introduction: 

  • a. Historical perspective
  • b. Constitutional perspective
  • c. International protocols/principles
  • d. Law making process
  • e. Common Environmental Law 

(A) Historical perspective

The study of environmental economics has a relatively short history, but it has evolved significantly over the past few decades. In the early days of the field, economists focused mainly on the negative impacts of economic activity on the environment and on the costs of environmental regulations. However, in recent years, the field has broadened to include the study of the benefits of environmental regulations and the ways in which economic activity can be made more sustainable. 

In the 1960s and 1970s, environmental problems such as air and water pollution, and the decline of wildlife, began to be recognized as serious issues that needed to be addressed. This led to the creation of the U.S. Environmental Protection Agency (EPA) in 1970, and the signing of the Clean Air Act in 1970 and the Clean Water Act in 1972, which set national standards for air and water quality.

During this time, economists began to study the costs and benefits of environmental regulations and the ways in which market-based approaches, such as taxes and tradable permits, could be used to reduce pollution. The field of environmental economics was officially established in the early 1970s, with the publication of several seminal papers and the creation of the Journal of Environmental Economics and Management.

In the following decades, the focus of environmental economics expanded to include issues such as global warming, biodiversity loss, and sustainable development. The 1992 Earth Summit in Rio de Janeiro, which led to the creation of the United Nations Framework Convention on Climate Change (UNFCCC) and the 1997 Kyoto Protocol, was a major milestone in the history of environmental economics.

In recent years, the field has continued to evolve, with a growing emphasis on the role of economic incentives in promoting sustainable development and the use of integrated assessment models to evaluate the costs and benefits of alternative environmental policies. 

(B) Constitutional perspective 

From a constitutional perspective, environmental issues and policies are often shaped by the interplay between federal and state governments. The United States Constitution grants certain powers to the federal government and reserves others for the states. Environmental issues, such as air and water pollution, often fall under the purview of both federal and state governments.

The federal government has the power to regulate pollution that crosses state lines, such as air pollution that travels from one state to another. The Clean Air Act, passed in 1970 and amended in 1977 and 1990, and the Clean Water Act, passed in 1972, are examples of federal laws that set national standards for air and water quality and give the Environmental Protection Agency (EPA) the authority to enforce those standards.

States also have the power to regulate pollution, but their authority is limited by federal laws. For example, states can set stricter standards for air and water quality than those set by the federal government, but they cannot set standards that are less stringent. In addition, states can use their police powers to protect public health and safety, which includes protecting citizens from environmental hazards.

In addition to the federal and state governments, the courts also play a role in shaping environmental policy. Environmental issues are often litigated in the courts, and the interpretation of federal and state laws by the courts can have a significant impact on environmental policy.

Overall, the constitutional perspective shows that the environmental policy making in the US is complex and involves multiple actors, including the federal and state governments, as well as the courts, and that the constitutional division of powers can create challenges in addressing environmental issues effectively. 

International protocols/principles :  

International protocols and principles are agreements and guidelines that are established at the international level to address environmental issues. Some of the most important international protocols and principles in the field of environmental protection include: 

United Nations Framework Convention on Climate Change (UNFCCC): This international treaty was signed in 1992 and sets out a framework for national and international efforts to address climate change. The ultimate objective of the UNFCCC is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous human interference with the climate system. The treaty has been ratified by 197 countries, making it one of the most widely ratified international agreements.

The Kyoto Protocol: This protocol was adopted in 1997 under the UNFCCC, it sets binding emissions reduction targets for developed countries, known as Annex I Parties, to reduce their greenhouse gas emissions. The protocol also established mechanisms for these countries to meet their emissions reduction targets, such as the Clean Development Mechanism and Joint Implementation.

Paris Agreement: Adopted in 2015, under the UNFCCC, it sets a global goal to limit global warming to well below 2 degrees Celsius above pre-industrial levels and pursue efforts to limit warming to 1.5 degrees Celsius.

Rio Declaration on Environment and Development: This set of principles was adopted at the 1992 Earth Summit in Rio de Janeiro, it includes 27 principles that set out a framework for sustainable development. The principles include the precautionary principle, which states that where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 

Law making process : 

The law-making process is the series of steps that a bill goes through before it becomes a law. The process can vary slightly depending on the country or jurisdiction, but in general, it follows these steps:

Introduction: A bill is introduced in the legislature by a member or a group of members. The bill is assigned a number, and a title is given to it.

Committee Review: The bill is then sent to a committee for review. The committee can hold hearings to gather information and expert testimony about the bill. The committee can also make changes to the bill before it moves on to the next step.

Debate and Voting: After the committee review, the bill is brought to the floor of the legislature for debate and voting. During this stage, lawmakers discuss and debate the bill, and then vote on whether to pass it.

Approval: If a bill is passed by the legislature, it goes to the next step, which is the approval of the head of the government or state. In some countries, it goes to the upper house of the parliament.

Enactment: If the bill is approved, it becomes a law and is given an official date of enactment.

Implementation: Once a law is enacted, it is then put into action. The relevant government agencies are responsible for implementing the law and ensuring that it is enforced.

It's worth mentioning that this process can vary and differ in different countries and for different type of laws, for example, some countries have a bicameral system where laws need to be passed and approved by both houses of parliament. Also, some laws require a referendum to be passed. Additionally, the process can be influenced by different factors, such as political and social pressure, lobbying, and interest groups, which can affect the outcome of the law-making process. 

Common Environmental Law : 

Common environmental law refers to the legal principles and regulations that are commonly used to protect the environment and manage natural resources. Some of the most important and widely used common environmental laws include:

National Environmental Policy Act (NEPA): This law, passed in the United States in 1969, requires federal agencies to consider the environmental impact of their actions and to disclose that information to the public. NEPA is considered the foundation of federal environmental law in the U.S.

Clean Air Act: This law, passed in the United States in 1970, sets national air quality standards and gives the Environmental Protection Agency (EPA) the authority to enforce those standards. The Act has been amended several times, and it covers a wide range of pollutants, including smog, acid rain, and toxic air pollutants.

Clean Water Act: This law, passed in the United States in 1972, sets national water quality standards and gives the EPA the authority to enforce those standards. The Act covers a wide range of pollutants, including bacteria, heavy metals, and pesticides. 

Resource Conservation and Recovery Act (RCRA): This law, passed in the United States in 1976, regulates the management and disposal of hazardous waste. The law requires companies that generate hazardous waste to properly handle, store, and dispose of it, and it gives the EPA the authority to enforce those requirements.

Endangered Species Act (ESA): This law, passed in the United States in 1973, protects species that are in danger of extinction and their habitats. The law requires federal agencies to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before taking any action that might harm a listed species.

Wildlife and Forest Conservation laws: Laws that protect wildlife