Environmental laws and policies address international, state and federal laws and regulations with the aim of controlling climatic changes driving conservation of natural resources and policing carbon emission. The laws and policies cover all features encompassed in the concept of development of a sustainable environment. According to Ashford & Caldart (2008), such aspects include water and soil pollution, waste management, conservation of flora and fauna, area protection and land use control, conservation and development of non-renewable resources among others. Environmental policy and law have led to international forum for policy and legal issues pertinent to the environmental arena for a long period (Ashford & Caldart, 2008). Environmental laws are administered by either the federal or state agencies. The laws help in the promotion of environmental justice. This paper gives an explanation of how Clean Water Act (CWA), Toxic Substance Control Act (TSCA), and Noise Control Act (NCA) as environmental laws address common environmental justice concerns. Evaluation of provisions used to promote environmental justice, key stakeholders in each law and cost and benefits of addressing environmental justice concerns and non-actions among other issues are also discussed.
Clean Water Act (CWA) institutes the fundamental outline for controlling pollutants discharged into the water bodies of the United States and regulates the surface water’s quality levels. The CWA was recognized and expanded in 1972 after its enactment in 1948 when it was referred to as the Federal Water Pollution Control Act (Collin, 2006). According to Collin (2006), the Act ensures “safe drinking water reestablishes and upholds oceans and their aquatic ecosystems, support recreational and economic activities, and provide healthy habitat for fish and” other leaving creatures in the water. By this, human life gets to be protected. The Clean Water Act can give provisions that may be used in the promotion of environmental justice. To begin with, The CWA can put in place pollution control programs that include determining water standards for industries and all toxins of surface water. Secondly, the Clean Water Act can create harsh consequences such as jail terms and suspension of facilities if they discharge pollutants into the navigable water without permits. Permits have to be obtained by industries, municipals and other facilities that discharge their wastes directly into the surface water (Ryan, 2003).
Delegate your assignment to our experts and they will do the rest.
The CWA addresses environmental justice concerns in several ways. Firstly, the act tends to reduce the cumulative impacts of water pollution. It regulates the amount of pollutants discharged in water hence preventing water pollution from getting to extreme levels. Sensitive subpopulation such as the ill, the young and the old are protected from water pollution since they can use and take uncontaminated water that is free of pollutants. The quality of life is improved by the CWA since people can access clean water that they use hence they are kept free of diseases brought about by use of highly polluted water. Clean Water Act has a great impact on the economy since the living creatures in water are protected from water pollutants that many kill them. Water creatures such as fish are a source of food and income to the country. Clean water bodies attract tourists since they are recreational sites. There are key stakeholders involved in the CWA. They include farmers, developers, industries and the Environmental Protection Agency (EPA). The EPA proposed a rule to clarify the type of waters that should fall under the CWA (Collin, 2006). There are concerns expressed by farmers and developers that the proposed rule will increase federal control and threaten property rights. Environmental Protection Agency is the regulatory agency that explains the critical details necessary for the implementation of the Clean Water Act. The agency has the authority to protect the environment and healthcare through proposing rules that address environmental justice issues (Ashford & Caldart, 2008).
Toxic Substance Control Act (TSCA) is an environmental law that addresses the production, usage, importation, and disposal of specific chemicals. These chemicals include asbestos, lead-based paints and polychlorinated biphenyls (PCBs) among others. The act enables the evaluation of new and existing chemicals and their risks and empowers the Environmental Protection Agency to finds ways of preventing or reducing pollution before it gets into the environment. Toxic Substance Control Act gives the EPA the authority to restrict chemical substances and or mixtures (Collin, 2006). TSCA does not include food, cosmetics, drugs and pesticides. Every manufacturer is required to produce a pre-manufacturing notification in the event of a new chemical substance. Testing of chemicals by industrialists, processors and importers are essential in areas of critical exposures or risks (Ashford & Caldart, 2008). Importing and exporting of chemicals must conform to the accreditation, reporting together with other prerequisites. Distributors, manufacturers, importers and processors of chemical substances for commercial purposes must report and keep records in relation to their operations. Toxic Substance Control Act requires that all manufacturers, distributors, and processors of chemical substances or mixtures to inform the EPA of the substantial risks presented by the chemical substances or mixtures which may include injury to health or environment. Any person with such information should also inform the Environmental Promotion Agency (Bergeson, 2000).
Environmental justice is promoted by the Toxic Substance Control Act through the soil, water and air monitoring. Water quality analysis has become a fundamental act. There chemical and physical procedures for toxicity detection can be improved. Biological systems can also be used in dealing with toxicity where model organisms are placed to act as reliable indicators of harmful chemical and mixtures. Toxicity tests are based on the survival of organisms in the presence of the test material suspected to be toxic can be incorporated to enhance environmental justice. The TSCA can establish laws that prevent chemicals and mixtures from being used if they don’t pass the tests. Key stakeholders of Toxic Substance Control Act include the manufacturers, processors, EPA and importers of chemical substances and mixtures. The Lautenberg Chemical Safety administers the TSCA for the 21st Century Act (LSCA). This act ensures more effective oversight of chemicals and mixtures. It gives the Americans the assurance that chemicals in commerce are used safely (Bergeson, 2000). With LSCA, manufacturers can have regulatory certainty so as to innovate, create jobs, grow and increase their global market share. The public and the environment are also protected from risks brought about by the toxic substances at the same time.
Noise Control Act (NCA) is an environmental law that establishes a national policy to enhance an environment free from noise. Too much noise can jeopardize the health and the welfare of people particularly in the urban areas where noise if often inadequately controlled. Leading sources of noise include machinery, transportation vehicles and types of equipment, and appliances. Noise impacts must be considered in the environmental review process. Acceptable noise standards are established by the State, Federal, and international policies in various contexts (Robinson & Reilly, 2002). The Noise Control Act can promote environmental justice through the establishment of guidelines for measuring noise from different sources such as train systems. It can also establish various strategies used to mitigate the impacts of noise. Noise pollution can lead to adverse impacts on the health and well-being of its stakeholders. Noise above the acceptable range has great negative impacts on the human. Hearing can be impaired by too much noise. Noise may lead to stress, compromised learning, high blood pressure, distraction, loss of sleep, and general reduction n quality of life and tranquility (Robinson & Reilly, 2002).
Noise Control Act serves to provide the public with information on the importance of respecting noise reduction and emission, authorize Federal noise emission standards to be established for distribution products in commerce and put in place a means of coordinating Federal research with activities of noise control. The primary responsibility of controlling noise rests in the hands of the State and local governments. However, Federal action is necessary for dealing with main sources of noise in commerce. Environmental Protection Agency (EPA) coordinates the programs of Federal agencies that related to noise pollution (Collin, 2006). The agency sets noise emission standards to different appliances such as motorcycles. The sensitive subpopulation is protected from the noise that may harm them through this act. Studies indicate that children are more sensitive to loud noise compared to adults. Humans are more sensitive to noise when they are asleep. NCA improves the general quality of life since it prevents people from developing hearing problems brought about by too much noise. The key stakeholders of the Noise Control Act include the EPA, schools and pre-schools, libraries, hospitals, courtrooms, childcare facilities and wild animal habitats (Ashford & Caldart, 2008).
There are various social, economic and environmental benefits associated with addressing environmental justice concerns to the key stakeholders. These benefits are equally shared by all citizens regardless of their ethnicity and socioeconomic class. Environmental benefits include clean water and air, attractive and extensive green space, pollution abatement and landscape improvements. When environmental justice concerns are addressed, there is reduced production of pollution substances and waste due to reuse, redesign, replacement and elimination of pollutants. There is also prevention of plants, human, and animals from contacting polluting substances due to this address. There is prevented emission and release of polluting substances such as waste products from factories and noise from motorbikes. The address enables the stakeholders to remediate the effects of such exposure to their health. Social benefits associated with addressing environmental justice concerns include a reduction in poverty level since with good environmental conditions; people can access food such as fish and sell them for commercial purposes hence earning income. Good environmental conditions also enable stakeholders to live in a peaceful manner since there is no disturbance from noise and bad health brought by consumption of toxic substances and polluted water. A well-conserved environment encourages people to enjoy recreational services such as swimming on the beach and going for hikes.
Economic benefits associated with addressing environmental justice concerns include improvement “in agriculture, forestry and fisheries products, stable natural hydrological cycles, fertile soils and a balanced climate” (Bergeson & American Bar Association, 2000). There is increased harvest in agricultural products if the soil is pollutants free compared to when it is polluted. Fish are conserved in unpolluted water bodies and can be harvested for commercial purposes. The income earned from fish that is harvested I large amounts and processed in factories increase the general economy of the country. Good environmental conditions such as clean water for use in agriculture and unpolluted fertile soil improve the general performance of the agricultural sector in the country hence increasing the country’s economy. There is enough and surplus supply of food in the country if an environment free of pollution is enabled. The environmental policy and law are essential in enabling environmental justice concerns to be addressed hence ensuring economic, social and environmental benefits.
However, there are also some social, economic and environmental costs associated with addressing environmental justice concerns to the key stakeholders. Environmental costs include risks and hazards from industrial, municipal pollution and transport-generated pollutions. When environmental justice concerns are addressed, there is a chance that industries, municipals, and other sectors will still pollute the environment. These sectors can continue discharging their wastes in surface water, and this harms the living creatures in the water and eventually human beings. Noise pollution is still a common problem even if the concern has been addressed. The stakeholders still encounter by noisy motorcycles. Addressing the environmental justice concerns is costly since there are a lot of resources incorporated in the process. Social effects of addressing environmental justice concerns include restraining orders. In the case of noise pollution, some bike models are naturally noisy. The laws and policies that restrict noise limits prevent the motorbike owners from using their motorbikes to move around because of the noise produced. Economic costs come about where resources have to be employed when addressing environmental justice concerns. These resources are expensive since the implementation of the policies and laws are money and time consuming.
There are costs and benefits that result from ignoring the environmental justice concerns. Both plants and human require a healthy environment to live. When environmental justice is ignored, the healthy environment is not enabled. Many human activities such as chemical pollution, marine debris, noise from ship lanes, seismic surveys, and sonar, the institution of marine renewable energy inventions such as wind farms, and climate change affect the lives of animals. The cetacean environment is affected negatively by each of these activities either individually or in combination. There is habitat degradation if the environmental justice concerns are not addressed. Habitat degradation is brought about by several human activities that make habitats less suitable and available to cetaceans. These human activities can affect individual cetaceans or the whole population leading to their migration or death in worse cases. This has an impact on the social and economic factors concerning the environment as well. When there are migration and death of cetaceans, the income of people who depended on them for sale decreased hence increase in their poverty level. The economy of the country is impacted due to a reduction in income brought in by the fish sector. Without environmental laws and policies, people discharge their waste products in the surface water making it unfit for recreational purposes. A lot of noise from motorcycles and vehicles are produced hence interfering with the hearing abilities of young children who are exposed to that kind of noise. Patients in hospitals and students in schools go through a hard time due to noise. The patients are not able to rest while the children are incapable of concentrating in their studies. The learning process of the students exposed to a lot of noise is slow compared to students who learn in a quite environment.
Benefits that result from ignoring of environmental justice concerns include conservation of resources. Since the process of addressing environmental justice concerns involves implementation which requires using resources, if the concerns are ignored, there will be no need of using these resources hence the resources can be channeled to other critical sectors.
Environmental policy and law are essential as it enables regulations concerning different sectors of the environment. Policies and laws that include Noise Control Act (NCA), Toxic Substance Control Act (TSCA), Clean Water Act (CWA), National Environmental Policies Act (NEPA) and Clean Air Act (CAA) among others act as regulators to protect the environment from pollution. The Environmental Protection Agency (EPA) administers these laws to ensure their effectiveness in the protection of the environment. It is the primary federal agency that controls the environment of the nation. The EPA was formed to authorize coordinated and operative government actions in the best interests of the environment. The Agency serves as a public advocator for an environment that is livable (Collin, 2006). Environmental justice is of much importance to the stakeholders of the environmental policy and law. The stakeholders of these laws draw several economical, social and environmental benefits from the addressing of environmental justice concerns. These benefits include quality air and clean water, attractive and extensive green space, pollution abatement and landscape improvements. These improve the general quality of life of the stakeholders. The health of the stakeholders is also improved with an increase in environmental conditions. The stakeholders do not come in contact with pollutants that may be toxic and cause them health problems if environmental justices are observed.
In summation, it is important to conserve the environment and everyone should take this as an issue of personal concern. Sustainability demands environmental protection and the need to strike a balance between economic gains and a healthy environment. As much as there are many regulations and laws to protect the environment, their effective enforcement is sluggish and it is the responsibility of the government and its relevant agencies to ensure that these laws are adhered to
References
Ashford, N. A., & Caldart, C. C. (2008). Environmental law, policy, and economics: Reclaiming the environmental agenda . Cambridge, Mass: MIT Press.
Bergeson, L. L., & American Bar Association. (2000). TSCA: The Toxic Substances Control Act . Chicago, Ill.: Section of Environment, Energy, and Resources, American Bar Association.
Collin, R. W. (2006). The Environmental Protection Agency: Cleaning up America's act . Westport, Conn: Greenwood.
Robinson, N. A., & Reilly, K. (2002). Environmental regulation of real property . New York, N.Y: Law Journal Press.
Ryan, M., & American Bar Association. (2003). The Clean Water Act handbook . Chicago, Ill: Section of Environment, Energy, and Resources, American Bar Association.
