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By-

Akshat Bou
dh
Ansh Mitta
l
Eshita Nara
ng
Amanat Ba
sra
Ojaswin Ko
hli
Shantanu
Aggarwal
Samarth Va
ish
Daksh Triv
edi
Global Climate Change Laws

What
Whatareare
climate
climate
laws
lawsand
and
why
whydo dowewe
need
needthem
them??
Climate Change laws : Need
Global temperature Increase er
ng es
ro a n
es St rric
r s
fi ht Hu
ild ou
g
i ng l
e
W Dr s
Ri lev
e a
s
CLIMATE
CLIMATECHANGE
CHANGELAWS
LAWS: :NEED
NEED(CONTINUED..)
(CONTINUED..)
Climate Change laws : What are these & what are their goals?
• Mandate cut in climate-damaging emission
• Promote use of renewable energy
• Sustainable development goals
• Green economy
• Clean energy
• Industrial decarbonization strategy
• Agriculture decarbonization strategy
• Net zero

We basically have three choices : Mitigation, Adaptation and Suffering . we are going to some of each. The question is what
the mix is going to be .
The more mitigation we do, the less adaptation will be required and the less suffering there will be.
Climate Change laws : Action

The world gets a lifeline- Paris


agreement :

1. Bhutan
2. New Zealand
3. European Union
4. India
5. China

• The setting of the target for developed countries to provide 100 billion dollars for climate finance projects in developing countries. 
• The formalization of the goal to limit the global temperature rise to below 2C compared to the pre-industrial era. 
• The launch of the Marrakesh Partnership for Global Climate Action as a platform to involve the general public and increase their
role in the process of global climate action.
Climate Change laws : Stats
Growth in court cases and number of laws over time
ENVIRONMENTAL LAWS FOR TRANSITIONING TO
SUSTAINABLE ENERGY RESOURCES
TWO MOST IMPORTANT QUESTIONS

THE WHY? THE HOW?


why must we transition to sustainable energy resources?

THE
WHY?
WHY? YOU ASK? (HOW DARE YOU!)

but still to answer your question in One word-its Climate change.


TWO MOST IMPORTANT QUESTIONS

THE WHY? THE HOW?


THE HOW? (A MUCH BETTER QUESTION!)

 Leverage economics

1. Carbon Tax

A carbon tax is a tax levied on the carbon emissions required to produce goods and services. Carbon taxes are intended to
make visible the "hidden" social costs of carbon emissions, which are otherwise felt only in indirect ways like more severe weather
events.

Example

The infamous  Big Mac $3.99

There’s no way something which emits so much carbon should cost so much less.
THE HOW? (A MUCH BETTER QUESTION!)

 Leverage economics

2. Tax

levied on things which directly or indirectly emit substantial CO2 emissions like the non-electric Cars and Airplanes.
THE HOW? (A MUCH BETTER QUESTION!)

 Leverage economics

3. Subsidy(The Anti-tax)

Subsidize things which have less carbon footprint or emission like Electric Vehicles, Solar panels and Wind turbines.
THE HOW? (A MUCH BETTER QUESTION!)

 Build Renewable Energy Infrastructures

1. Building Renewable Energy Production Infrastructure like Solar Panel Plants, Wind Turbine Plants and even perhaps
Nuclear Energy Plants(even though its NOT renewable) would help limit carbon emissions.

2. Building Renewable Energy friendly system which empowers use of Renewable Energy over non-renewable. For eg Building
EV(Electric vehicle) charging stations.
SUMMARY

 Laws for transition from non-renewable to renewable energy resources are essential for combating against Climate Change.

 One the most easiest and hence the best way to empower this transition is by leveraging economics, taxing the unwanted and
subsidizing the wanted.
 Harder but absolutely certain way would be to simply build Renewable Energy empowering Infrastructures.
Water Laws
Water as a resource
• Water pollution and its effects
• Prevention of water pollution
Laws to
protect water
• International Laws
• Laws in different countries-
I. Canada
II. USA
III. India
IV. England
Water Pollution and
Wildlife
Agricultural
Emissions
What is the Situation?

• Agriculture is both a victim of and a contributor to climate change. Approximately 30 per cent of total
greenhouse gas emissions, mainly due to the use of chemical fertilizers, pesticides and animal wastes.
• these greenhouses gases include nitrous oxide (N2O), carbon dioxide (CO2) and methane (CH4), which
all contribute to climate change and global warming and thereby have a profound impact on the
sustainability of agricultural production systems.
• India is the third highest greenhouse gas (GHG) emitter behind China and the United States and
agriculture and livestock accounts for 18 percent of gross national emissions
How we resolve!

• With the potential to reduce about 9 percent of India’s 2012 agricultural and livestock GHG emissions
are using nitrogen fertilisers more efficiently, adopting zero-tillage farming and improving the
management of rice water, which can save Rs. 6500, 4200 and 770 per tonne of CO2 equivalent,
respectively.
• Carbon sequestration – the capture and long-term storage of atmospheric carbon dioxide (CO 2) in soil –
currently presents the best solution to counterbalance the increase of greenhouse gases.
Hazardous Wastes
Management
WHAT ARE
HAZARDOUS
WASTES?
• ELECTRICAL & SMALL APPLIANCES
• BATTERIES
• PAINTS
• OILS
• GAS CANS
• CLEANERS etc.
WHAT ARE
HAZARDOUS
WASTES?
• ELECTRICAL & SMALL APPLIANCES
• BATTERIES
• PAINTS
• OILS
• GAS CANS
• CLEANERS etc.
Hazardous Wastes (Rules, 2008)
These rules shall apply to the handling of hazardous wastes as
specified in the Schedules and shall not apply to –
1. wastes arising out of the operation from ships
beyond five kilometres of the relevant baseline as
covered under the provisions of the Merchant
Shipping Act, 1958 (44 of 1958), and the rules
made thereunder
2. radio-active wastes as covered under the
provisions of the Atomic Energy Act, 1962 (33 of
1962), and the rules made thereunder
3. bio-medical wastes covered under the Bio-
Medical Wastes (Management and Handling)
Rules, 1998 made under the Act
4. wastes covered under the Municipal Solid Wastes
(Management and Handling) Rules, 2000 made
under the Act.
Biomedical Waste (Management and
Handling) Rules, 1998,
Were formulated along parallel lines, for proper disposal,
segregation, transport, etc, of infectious wastes.
1. Biomedical Waste” means any waste, which generated
during the diagnosis, treatment or immunisation of human
being or animals or in research activities pertaining thereto
or in the production or testing of biologicals
2. Biologicals” means any preparation made from organisms or
micro organisms or product of metabolism and biomedical
reactions intended for use in the diagnosis, treatment or
immunisation of human being or animals or in research
activities
3. Every occupier, where required, shall set up in accordance
with the time schedule in Schedule VI, requisite biomedical
waste treatment facilities like incinerator, autoclave,
microwave system for the treatment of waste, or, ensure
requisite treatment of waste at a common waste treatment
facility or any other waste treatment facility
E - Waste (Management and
Handling) Rules, 2011
have been notified on May 1, 2011 and came into effect from
May 1, 2012, with primary objective to reduce the use of
hazardous substances in electrical and electronic equipment
by specifying threshold for use of hazardous material and to
channelize the e-waste generated in the country for
environmentally sound recycling. The Rules apply to every
producer, consumer or bulk consumer, collection centre,
dismantler and recycler of e-waste involved in the
Batteries (Management & manufacture, sale, purchase and processing of electrical and
electronic equipment or components as detailed in the Rules.
Handling) Rules, 2001
deal with the proper and effective management and
handling of lead acid batteries waste. The Act requires all
manufacturers, assemblers, re-conditioners, importers,
dealers, auctioneers, bulk consumers, consumers,
involved in manufacture, processing, sale, purchase and
use of batteries or components thereof, to comply with
the provisions of Batteries (Management & Handling)
Rules, 2001.
LAW RELATED TO
DISPOSAL OF RADIOACTIVE
WASTE
• Radioactive (or nuclear) waste is a byproduct from nuclear
reactors, fuel processing plants, hospitals and research facilities.

• The storage and disposal of radioactive waste is regulated by


government agencies in order to protect human health and the
environment.

•There are two broad classifications: high-level or low-level


waste. 
• The transportation of radioactive waste can
occur via roadway, aircraft, ship/barge, and rail.

• There are international transportation


requirements for radioactive waste, as well as
more specific regulations in individual countries.

• If handled improperly, potential exposures of


humans to high-level radioactive waste can be
dangerous, even deadly. Some radioactive wastes
such as certain types of transuranic waste can
cause biological effects in humans Nevertheless,
good handling practices of all radioactive
materials and waste should be the goal.

• April 2010- A 35-year-old man was


hospitalized in New Delhi after handling
radioactive scrap metal containing Cobalt-60.
In the second half of the 20th century, several methods of disposal
of radioactive waste were investigated by nuclear nations, which
are :

1."Long-term above-ground storage", not implemented.


2."Disposal in outer space" (for instance, inside the Sun), not
implemented—as it would be currently too expensive.
3."Deep borehole disposal", not implemented.
4."Rock melting", not implemented.
5."Disposal at subduction zones", not implemented.
6.Ocean disposal, by the USSR, the United Kingdom,Switzerland, the
United States, Belgium, France, the Netherlands, Japan, Sweden,
Russia, Germany, Italy and South Korea (1954–93). This is no longer
permitted by international agreements.
7."Sub-seabed disposal", not implemented, not permitted by
international agreements.
8."Disposal in ice sheets", rejected in Antarctic Treaty
INTERNATIONAL LAW
•Convention on the High Sea (Geneva Convention) of April 29,
1958, esp. article 25 .
• Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter (London Convention) of
December 29, 1972.
• In addition and in implementation of the mentioned London
Convention of 1972 the International Atomic Energy Agency
(IAEA) has published in 1974 Provisional definition and
recommendations concerning radioactive wastes.
• International Atomic Energy Agency(IAEA)'s  Joint
Convention on the Safety of Spent Fuel Management and on
the Safety of Radioactive Waste Management is a 1997.
ENVIRONMENTAL JUSTICE
AND PROPERTY RIGHTS
Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
This goal will be achieved when everyone enjoys the same degree of protection from environmental and health hazards, and
equal access to the decision-making process to have a healthy environment in which to live, learn, and work. Environmental
justice and the laws regarding property building mainly debates concern the siting of facilities that impose environmental
impacts on neighboring communities, such as landfills, water treatment plants, and smokestacks. Poor and minority households
are significantly more likely to live near such facilities, imposing a disproportionate environmental burden on them. The
Constitution guarantees just compensation to property owners whenever property is “taken” by government for public use. Also,
The government came out with many such legislations concerning real estate development like Wildlife (Protection) Act, 1972
(Wildlife Act), Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981,
Forest (Conservation) Act, 1980 (Forest Act), Environment (Protection) Act (EPA), 1986 etc. There are many authorities which
deal with the real estate development in India are the Ministry of Environment & Forests (MoEF) - MoEF is the apex
administrative body responsible for the regulation, planning, promotion and coordination of environmental and forestry plans in
India. The National Green Tribunal (NGT) was established in 2010 and handles environmental disputes involving multi-
disciplinary issues. Inevitably, the emphasis was laid on implementing Environmental Impact Assessment in India (EIA). The
2006 Notification also lays down a General Condition (GC) which states that any project or activity specified in Category 'B'
will be treated as Category A and permission of MOEF would be required, if located in whole or in part within 10 km from the
boundary of :-
- Protected Areas notified under the Wildlife Act,
- Critically Polluted areas as notified by the Central Pollution Control Board,
- Notified Eco-sensitive areas, and
- Inter-State boundaries and international boundaries.
Environment damage had reached an alarming peak in 2014, which triggered further amendments focusing
primarily on the diversification of construction projects and laid down itemized guidelines, as enumerated
below:
• Construction projects comprising of industrial shed, schools, colleges, hostels for educational purpose,
will not be required to obtain an EC subject to their compliance with sustainable environmental
management, solid and liquid waste management, rainwater harvesting, and they may use recycled
material such as fly ash bricks; and
• The GC mentioned above will not apply. This means, construction projects located within 10 km from the
boundary of the areas mentioned above, will not be treated as Category 'A' project and would not be
required to approach MoEF for prior EC.

And some of the basic laws which protect our environment about which we all might be knowing are:-

• 1986 - The Environment (Protection) Act authorizes the central government to protect and improve
environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting
and /or operation of any industrial facility on environmental grounds.

• 1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or
discharge of environmental pollutants.

• 1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation,
collection, treatment, import, storage, and handling of hazardous waste.

• 1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context,
and sets up an authority to inspect, once a year, the industrial activity connected with hazardous
chemicals and isolated storage facilities.
• 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically
Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and
health, in connection with the application of gene technology and microorganisms.

• 1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public
liability insurance for the purpose of providing immediate relief to the persons affected by accident while
handling any hazardous substance.

• 1995 - The National Environmental Tribunal Act has been created to award compensation for damages to
persons, property, and the environment arising from any activity involving hazardous substances.

• 1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to
restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain
safeguards under the EPA.

• 1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care
institutions to streamline the process of proper handling of hospital waste such as segregation, disposal,
collection, and treatment.

• 1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to
areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the
aspects of environmental protection which should have been incorporated during the implementation of the
industrial development projects.

• 2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority
responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid
wastes.

• 2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the
regulation of production and consumption of ozone depleting substances.
Thank You

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