Read the notes, then try the practice. It adapts as you go.When you're ready.
Session Length
~17 min
Adaptive Checks
15 questions
Transfer Probes
8
Environmental law is the body of law that governs how humans interact with the natural environment. It encompasses a complex network of statutes, regulations, treaties, and common law principles designed to protect air, water, land, and living organisms from harmful human activities. Environmental law operates at local, national, and international levels, addressing issues ranging from pollution control and waste management to biodiversity conservation and climate change mitigation.
The modern environmental law movement emerged in the 1960s and 1970s, spurred by growing public awareness of ecological crises such as the Cuyahoga River fires, the effects of DDT documented in Rachel Carson's 'Silent Spring,' and the first Earth Day in 1970. In the United States, this era produced landmark legislation including the National Environmental Policy Act (NEPA), the Clean Air Act, the Clean Water Act, and the creation of the Environmental Protection Agency (EPA). Internationally, the 1972 Stockholm Declaration marked the beginning of global environmental governance, followed by milestones such as the 1992 Rio Earth Summit and the 2015 Paris Agreement on climate change.
Today, environmental law faces unprecedented challenges as it adapts to address climate change, environmental justice, emerging contaminants such as PFAS, and the tension between economic development and ecological sustainability. The field draws on principles from administrative law, tort law, property law, and international law, making it one of the most interdisciplinary areas of legal practice. Understanding environmental law is essential for policymakers, business leaders, scientists, and citizens who seek to balance human needs with the long-term health of the planet.
One step at a time.
The principle that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment, rather than shifting the burden to society at large.
Example: Under CERCLA (Superfund), companies that contaminated a hazardous waste site are held financially responsible for cleanup costs, even if the contamination occurred decades ago.
When an action raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause-and-effect relationships are not fully established scientifically.
Example: The European Union banned certain neonicotinoid pesticides based on evidence suggesting harm to bee populations, even before conclusive proof of the full extent of damage was available.
A process required by law for evaluating the likely environmental effects of a proposed project or development before it is approved, ensuring decision-makers consider environmental consequences.
Example: Before constructing a new highway through a wetland area, the federal government must prepare an Environmental Impact Statement under NEPA, analyzing alternatives and mitigation measures.
The legal right to bring a lawsuit, requiring a plaintiff to demonstrate injury-in-fact, a causal connection to the defendant's conduct, and the likelihood that a favorable decision will redress the injury.
Example: In Sierra Club v. Morton (1972), the Supreme Court held that the Sierra Club lacked standing because it failed to allege that its members personally used the area threatened by development.
A regulatory approach in which the government sets specific standards or limits for pollutants and mandates particular technologies or practices, with penalties for noncompliance.
Example: The Clean Air Act sets National Ambient Air Quality Standards (NAAQS) for six criteria pollutants and requires states to develop implementation plans to achieve them.
A market-based regulatory system that sets a maximum limit (cap) on total emissions, distributes allowances, and permits regulated entities to buy and sell (trade) emission permits to meet their obligations efficiently.
Example: The European Union Emissions Trading System (EU ETS) sets a cap on greenhouse gas emissions from power plants and factories, allowing companies that reduce emissions below their cap to sell surplus allowances.
A legal principle holding that certain natural resources such as navigable waters, shorelines, and wildlife are held in trust by the government for the benefit of the public and cannot be transferred to private ownership.
Example: In Illinois Central Railroad v. Illinois (1892), the Supreme Court ruled that the state could not grant the entire Chicago lakefront to a private railroad, as it was held in public trust.
A legal standard under which parties engaged in abnormally dangerous activities are held liable for resulting environmental harm regardless of whether they exercised due care or intended to cause damage.
Example: Under CERCLA, a company that legally disposed of hazardous waste at a facility that later became a Superfund site can be held strictly liable for cleanup costs, even without negligence.
More terms are available in the glossary.
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