Research Paper: Environmental Science and The Environmental Common Law
The Environmental Common Law derives its litigation powers from the six doctrines in trying to save the environment: nuances, trespass, negligence, strict liability, prior appropriation, and riparian rights. These were the initially formulated guidelines based on rising cases in the courts. However, the formulation of the Statutory Environmental Law that was meant to ensure equal environmental justices among all States and eliminate the controversies introduced by the Common Law thus ensuring that environmental population and malpractices that harm the natural environment and the people around it is controlled (Anderson, Mandelker, & Tarlock, 1990).
As much as that is what the United States’ Environmental Laws states, the case has been different in Flint, Michigan; an area that is densely populated by human population as well as a hub for industrials and factories (Carasik, 2016) . The presence of the many industries and highly polluting industrial facilities from farming, mining, manufacturing to processing factories in a close human settlement proximity has left the people of these area exposed to nearly 40 percent harmful airborne toxins. According to the environmental laws of United States both Common Law and Statutory Law, the situation in Flint is against human rights, environmental protection regulations, and ethical considerations.
The effluents from the industries in this area are not only a threat to the environment through air pollution, but it also leads to water pollution which is against the Statutory Environmental Law as well as Common Law nuances of repetitive environmental injustices, strict liability doctrine of the Common Law. The Environmental Protection Agency is, however, aware of the matter but slow to act leading to continuations complains.
I think these are the moments the Environmental Law is being tested when no environmental agency is coming out to help. It is high time the Reparation cases already presented in courts by the residence be reviewed, and justice be done (Ta-Nehisi, 2014). It is the time to consider redistributing the industries and factories in Flint Michigan to save its environment and people.
In conclusion, the Environmental Laws; Statutory and Common Laws best protects the environment from intentional or unintentional pollution. The Common Law presented some loopholes, which the Statutory Law filled with advocacy of equal judicious measures to protect the environment in all States. However, this is not the case with Flint, Michigan, which still suffers immense environmental pollution thus giving the courts and judicial system a challenge to solve the environmental concerns of the area in according with the Environmental Statutory and Common Laws.
References
Anderson, F. R., Mandelker, D. R., & Tarlock, A. D. (1990). Environmental Protection: Law and Policy. New York: Aspen Publishers.
Carasik, L. (2016). US Environmental Injustice Goes Well Beyond Flint. Retrieved from http://america.aljazeera.com/opinions/2016/2/us-environmental-injustice-goes-well-beyond-flint.html.
Ta-Nehisi, C. (2014). The Case of Reparations. The Atlantic, Retrived from …
