Environmental law

“ On the first day of the new decade, the National Environmental Policy Act became the law of the land. This law is one of our Nation's fundamental charters: it is a pledge from each generation to the next to protect and enhance the quality of the environment.
Through the National Environmental Policy Act which created the Council on Environmental Quality, the Nation affirmed the fundamental importance of the environment to our well-being. Our environment shapes our lives in endless ways: it can be dangerous or it can be safe; it can produce a bounty to sustain us or it can be laid bare ”

“ Principle 22 States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction. ”

“ It is also the policy of the United States that necessary and appropriate environmental regulations comply with the law, are of greater benefit than cost, when permissible, achieve environmental improvements for the American people, and are developed through transparent processes that employ the best available peer-reviewed science and economics. ”

“ Land, municipalities, associations of municipalities and other corporations under public law shall have a duty to protect the environment from damage or pollution and to ensure that environmental damage is eliminated or offset. Public and private projects shall require proof of their environmental compatibility. Property may be restricted if, contrary to law, the environment is seriously damaged or endangered by its use. ”

“ We must ensure that the newly revised Environmental Protection Law is strictly enforced, that those who emit pollutants beyond the limit allowed by their permit or without a permit are severely punished, and that those who knowingly allow such violations are held to account. ”

“ For the construction of a project where solid wastes are generated, stored, utilized, or treated, the impact on the environment shall be assessed in accordance with law, and the state regulations governing environmental protection in respect of construction projects shall be complied with. ”

“ Departments of ecology and environment, natural resources, water resources, agriculture and rural affairs, and standardization under the State Council shall, in accordance with the division of responsibilities, establish sound standards for water environment quality, pollutant discharge, environmental restoration, water resources conservation and intensive use, ecological flow, biodiversity protection, aquaculture, and disaster prevention and mitigation. ”

“ Governments now need to fill major gaps in existing national and international law related to the environment, to find ways to recognize and protect the rights of present and future generations to an environment adequate for their health and well-being, to prepare under UN auspices a universal Declaration on environmental protection and sustainable development and a subsequent Convention, and to strengthen procedures for avoiding or resolving disputes on environment and resource management issue. ”

“ I do not think the authors of the Clean Air Act intended to put such strict limits on our review of the Administrator's decision-making process. Further, the interests at stake in this case are too important to be resolved on the basis of traditional administrative labels. We recognized two years ago that environmental litigation represents a "new era" in administrative law. [4] We are dealing here not with an airline's fares or a broadcaster's wattage, but with all humanity's interest in life, health, and a harmonious relationship with the elements of nature. ”

“ The Executive Director and staff of the Secretariat shall enjoy in the territory of each Party such privileges and immunities as are necessary for the exercise of their functions.
Article 45: Definitions
1. For purposes of this Agreement:
A Party has not failed to “effectively enforce its environmental law” or to comply with Article 5 (1) in a particular case where the action or inaction in question by agencies or officials of that Party:
(a) reflects a reasonable exercise of their discretion in respect of investigatory, prosecutorial, regulatory or compliance matters ”

“ Where solid wastes have caused environmental pollution and ecological damage and jeopardized national or public interests, the relevant agencies and organizations may file a lawsuit with a people's court in accordance with the provisions of the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and the Administrative Procedure Law of the People's Republic of China. ”

“ If an entity generating industrial solid wastes entrusts others to transport, utilize or treat industrial solid wastes, it shall verify the qualifications and technical capabilities of the entrusted party, sign a written contract according to law, and specify in the contract the requirements for pollution prevention and control. ”

“ Sustainable development has been described here in general terms. How are individuals in the real world to be persuaded or made to act in the common interest? The answer lies partly in education, institutional development, and law enforcement. But many problems of resource depletion and environmental stress arise from disparities on economic and political power. An industry may get away with unacceptable levels of air and water pollution because the people who bear the brunt of it are poor and unable to complain effectively. ”

“ The construction of facilities and premises for the centralized storage, utilization or treatment of industrial solid wastes or hazardous wastes, and landfills for household wastes shall be prohibited in ecological protection red line areas, areas with concentrated permanent basic farmland and other areas that require special protection. ”

“ No entity or individual may dump, pile up or store solid wastes in rivers, lakes, canals, channels, or reservoirs, or on their bottomlands, banks or slopes below the highest waterline, or in other places where dumping, piling up and storage of solid wastes are prohibited by laws and regulations. ”

“ In dealing with industrial pollution and resource degradation, it is essential that industry, government, and the public have clear benchmarks. Where the workforce and financial resources permit, national governments should establish clear environmental goals and enforce environmental laws, regulations, incentives, and standards on industrial enterprises. In formulating such policies, they should give priority to public health problems associated with industrial pollution and hazardous wastes. ”

“ In recent years, we have learned that our past progress was often made without sufficient regard for the long-term consequences to our natural environment. To meet this environmental challenge, we have enacted more than a dozen significant national environmental laws. ”