Court and Environment Protection in USA

2020 ◽  
Vol 2 (2) ◽  
pp. 67-86
Author(s):  
L. I. Broslavsky

Introduction: The article discusses one of the essential problems the global community faces that demands international solutions – environmental protection. Environmental policies have become one of the important government functions in industrialized countries, and are needed to be carried out by all branches of power. The judicial branch is one of them. Theoretical Basis. Methods. The theoretical basis of the research is the works of scientists of the political and legal systems of Russia and the United States. The author used a comparative analysis of Russian and American court practices relating to environmental protection. Results. There are two separate and parallel court systems in the United States, Federal and State. US environmental law includes statutes and regulations (written laws by legislative and executive branches) and common law (precedent law through judicial decisions). The structure and practice of the American court systems is of interest and potential use to Russian scholars and professionals. Discussion and Conclusion. Legal actions in court are essential to ensure compliance with the law, environmental protection, and safeguarding of the constitutional right of citizens to live in a safe and healthy environment as an indispensable part of the quality of life.

1994 ◽  
Vol 56 (1-4) ◽  
pp. 275-280
Author(s):  
P.P. Jalbert ◽  
G.L. Salmon ◽  
S. De Scisciolo (INVITED)

Abstract The US Environmental Protection Agency's voluntary National Radon Proficiency Programmes: Radon Measurement, and Reduction Proficiency are described, including their history and development, current status and future directions. The Radon Measurement Proficiency (RMP) and Radon Contractor Proficiency (RCP) programmes are fundamental to the Agency's programme to reduce the health risk associated with exposure to elevated radon levels in indoor air. Originally developed to provide technical assistance to States, the proficiency programmes now offer US consumers assurance of the quality of their radon measurements and reduction jobs. In other words, the proficiency programmes provide a means to consumers for deciding from which organisations or individuals to purchase radon services. This is especially important in the United States where most radon services are acquired through private enterprises rather than through the public sector. The Agency encourages the public to purchase radon measurement and reduction services only from organisations or individuals that have met the requirements of EPA's proficiency programmes. An increasing number of States require an EPA proficiency listing for their radon registration, licensing, and certification programmes. EPA estimates that about 85% of US companies offering radon services are participating in its proficiency programmes. Consequently, the Agency believes that the development and growth of quality radon services has kept pace with consumer demand. The United States markeplace for residential radon measurement and mitigation services has been dynamic since its inception in the mid-1980s. The fluidity of the market is likely to continue, with some significant changes appearing imminent. The US Congress is now considering legislation that would require participation in the Agency's radon proficiency programmes. In addition, this legislation contains provisions that would encourage consumer testing. Increased testing, coupled with a mandatory national proficiency programme, is likely to result in an increase in the quality of radon services available to the US public.


2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.


1995 ◽  
Vol 5 (4) ◽  
pp. 779-794 ◽  
Author(s):  
Eric W. Orts

Although contemporary methods of environmental regulation have registered some significant accomplishments, the current system of environmental law is not working well enough. First the good news: Since the first Earth Day in 1970, smog has decreased in the United States by thirty percent. The number of lakes and rivers safe for fishing and swimming has increased by one-third. Recycling has begun to reduce levels of municipal waste. Ocean dumping has been curtailed. Forests have begun to expand. One success story is the virtual elimination of airborne lead in the United States. Another is the rapid phase-out of ozone-layer depleting chemicals worldwide. Nevertheless, prominent commentators of diverse political persuasions agree in an assessment that conventional models of environmental law have “failed.” Many environmental problems remain unsolved: species extinction, global desertification and deforestation, possible global climate change, and continuing severe air and water pollution in urban areas and poor countries. What is more, successful environmental protection has come only at enormous economic cost. By the year 2000, the Environmental Protection Agency (EPA) estimates that the United States will spend approximately two percent of its gross national product on environmental pollution control. Academic economists have pointed out the nonsensical inefficiency of many environmental regulations, but usually to no avail.


2021 ◽  
Vol 3 (2) ◽  
pp. 26-40
Author(s):  
I Nyoman Gede Sugiartha, Putu Wisnu Nugraha

A good and healthy environment is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Indiscriminate environmental management contributes to the deterioration of the quality of the environment, therefore it is necessary to increase environmental protection and management. The protection and sustainable management of the environment is the responsibility of the government and the community. The government's responsibility in protecting and managing the environment is a function of public services, to ensure that all residents have a good and healthy environment. Then the government can be held accountable, both administratively, civilly and criminally when the government neglects to carry out its obligations that are not in accordance with the aspirations of the community. This research is qualified as a normative legal research by applying several types of approaches, namely, a statutory approach, a conceptual approach, a philosophical approach, a historical approach, a comparative approach, a case approach including a cultural approach based on local community wisdom. Therefore, this study aims to find philosophical and theoretical thoughts based on local wisdom about the nature of integrating community aspirations in the enforcement of Environmental Law both in administrative law, civil law and criminal law. The results of the study show that environmental protection and management is an effort to carry out responsibilities, which is very difficult, resulting in a decrease in the quality of the environment. Therefore, law enforcement is to make improvements to the applicable rules through the politics of normative legislation, then followed by administrative law enforcement. However, participatory environmental enforcement by integrating the values ​​that develop in the community in protecting and preserving the environment is an ideal form to protect and manage the environment wisely to realize sustainable regional development.   Lingkungan hidup yang baik dan sehat merupakan hak asasi setiap warganegara Indonesia sebagaimana diamanatkan dalam Pasal 28H UUD RI 1945. Pengelolaan lingkungan yang kurang bijaksana  turut memperparah penurunan kwalitas lingkungan hidup karena itu perlu dilakukan peningkatan perlindungan dan pengelolaan lingkungan hidup.  Perlindungan dan pengelolaan lingkungan yang berkelanjutan merupakan tanggungjawab pemerintah beserta masyarakat. Pertanggungjawaban pemerintah dalam melakukan perlindungan dan pengelolaan lingkungan hidup merupakan fungsi pelayanan public, untuk menjamin seluruh penduduk mendapatkan lingkungan yang baik dan sehat. Maka pemerintah dapat diminta pertanggungjawabannya, baik secara administrative, perdata maupun pidana mana kala pemerintah lalai melaksanakan kewajibannya yang tidak sesuai dengan aspirasi masyarakat. Penelitian ini dikualifikasikan sebagai penelitian hukum normatif dengan menerapkan beberapa jenis pendekatan yaitu, pendekatan perundang-undangan, pendekatan konseptual, pendekatan filsafat, pendekatan sejarah, pendekatan perbandingan, pendekatan kasus termasuk pula pendekatan budaya atas dasar kearifan masyarakat lokal. Oleh karena itu, penelitian ini bertujuan menemukan pemikiran filosofis dan teoritis berbasis kearifan lokal tentang hakikat pengintegrasian aspirasi masyarakat dalam penegakan Hukum Lingkungan baik secara hukum administratif, hukum perdata maupun hukum pidana. Hasil penelitian menunjukan bahwa perlindungan dan pengelolaan lingkungan hidup adalah upaya mengemban tanggungjawab sangat sulit sehingga mengakibatkan terjadinya penurunan kwalitas lingkungan hidup makin nyata.  Oleh karenanya maka penegakan hukum adalah melakukan penyempurnaan terhadap aturan yang berlaku melalui politik legislasi penormaan selanjutnya baru diikuti penegakan hukum administrasif.  Namun demikian penegakan lingkungan partisipatif dengan mengintegrasikan nilai-nilai yang berkembang di masyarakat dalam menjaga dan melestarikan lingkungan adalah suatu bentuk idial untuk melindungi dan melakukan pengelolaan lingkungan hidup secara bijaksana untuk mewujudkan pembangunan  daerah yang berkelanjutan.


2021 ◽  
Vol 18 (1) ◽  
pp. 195
Author(s):  
Ahmad Gelora Mahardika

One of the goals of the formation of the omnibus law is to increase the index of ease of doing business in Indonesia, which is currently far behind other countries. One effort that was then carried out by the government was to cut down a number of permits, one of which was an environmental permit, namely the obligation to complete EIA and UKL-UPL documents. However, this regulation is actually contradictory to the spirit of sustainable development (SDGs) which development must be in line with environmental protection. The action also has the potential to violate Article 28H paragraph (1) of the 1945 Constitution which requires the state to ensure the protection of citizens' constitutional rights to a clean and healthy environment. Especially in countries that have the highest business ease indexes, such as Denmark, South Korea and the United States, the issuance of EIA documents is mandatory and is carried out strictly. Therefore this article will try to look at the implications of the omnibus law for citizens' constitutional rights to a clean and healthy environment.


Sign in / Sign up

Export Citation Format

Share Document