Environmental Law and Water Pollution - Term Paper Example

 Environmental Law and Water Pollution Introduction Pollution, environmental waste and complexities with climate change are affecting the way in which many are looking at legalities and policies that are within society. The need to change and regulate the environmental needs within a community is altering the way in which many are looking at legalities. The main approach is to find a solution to environmental needs. One of the pressing issues that is currently altering the way in which many look at water issues, specifically in relation to waste and pollution that is altering the drinking water, safety and the regulation of use with water. Defining the components that are a part of the law are then able to provide relevant ways to begin changing the way in which environmental changes are established within a given community. More important, the legal aspects of water pollution also define the future policies and potential that is a part of the current regulations for water standards and hazards. Water Issues in the Environment The complexity that is associated with water in the environment is one which links to the functions within the community as well as their association with various legalities. The water issues begin with complexities based on the pollution which is placed into the water. The pollution is defined by problems with trash, chemicals and pollutants from the air that are absorbed in the water. The safety then becomes problematic, beginning with the need to use the same water for agriculture. If the water is not clean enough to provide protection against the harmful substances, then it can become a main component of the agriculture that is used. The different produce is then affected by outcomes with the growth of the produce, defects which occur with both the plants and the soil and changes which occur when the water is used. The problem is one which is affecting growth from farmers and is leading to changes in the economy because of the needs with food production and agricultural changes that are occurring to cause loss and damage with the different crops (Lian, 2003). The problems with safety not only change the agricultural components within an environment. There are also alterations which occur with the water pollution and how it affects the general economy. Clean drinking and bathing water is one which is deteriorating, specifically because of a lack of clean water that is available. The quality of water is affecting more than 2/3 of the urban population in developed countries and is becoming more complex with rises in population as well as the lack of the needed water within a given community. It is also expected that the population will continue to grow and the pollution and waste will remain an integral part of environmental complexities, specifically because of the lack of solutions that are within the environment. This is causing cities to re-look the safety and health measures that are needed in terms of water, specifically which regulates pollution and changes the way in which many attribute the necessary balances of the economy with environmental health (Shao, Tang, Zhang, Li, 2006). New Legalities for Water Pollution The complexities that are associated with water pollution have led into different developments that are working to eliminate the main problems while moving the main water back into natural health. An area which is focusing on this is the National Pollutant Discharge Elimination System, also known as the NPDES. The program focuses of this particular system are based on creating and developing new regulations to change the water waste in the environment while changing the way that many look at the use of water. The different areas of interest include animal feeding, sewer overflows, pesticides, pretreatment of water, stormwater and vessel discharges. These are the highest activities and concepts that are attributed with pollution and which create problems within the environment. The development overlooks research and knowledge about how the pollution affects various areas then creates federal regulations to monitor and change the way in which many look at the use of water (NPDES, 2010). The approach which the NPDES has taken for environmental law began with the clean water act, or CWA, which was initiated in 1972 as a part of the Federal Water Pollution Control Act. The beginning of this act was based on creating standards for water to regulate the amount of pollution going into the water. Water quality limitations were created first, which was followed by standards and implementation plans as well as inventory of the water base which is used by industries and corporations. The act objective was “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters” (FWPCA, 2002). The main objectives were followed with maintaining pollution in water by 1985 while protecting wildlife and other natural elements from pollutions and hazards by 1983. The use of toxins for water and the changes and discharge for toxic pollutants were followed with prohibition of the use of specific chemicals. After these two steps, the objectives became based on the ability to monitor the pollution through licensing and regulations while preserving the waters that were in the nation (FWPCA, 2002). CWA and Water Control The main approaches which are taken through the CWA are now divided into different types of water pollution as well as regulations that are needed for water. The rules are divided by codes of federal regulations that are to be maintained at all levels. The first controls which are noted are based on protection of the environment through drinking water regulations. The types of pollutants considered are organic, inorganic, microbiological and disinfection containments that are used in the water. Maximum containment levels for home water use are defined and are required to be followed otherwise licenses can be revoked with the use of the water. Monitoring is one which is based on not only identifying different types of contaminants in waters but also associates with the lack of filtration systems which are a part of the water systems. If the water is not controlled and there is the need to continue using the system, then criteria and procedures for changing the polluted water are used. Treatment requirements, monitoring development and analyzing the water on a continuous basis are then required to continue to comply with the changes in the water. The treatment techniques applied also have to coincide with substances that should be used as well as other elements which may be harmful. Since this pertains to household drinking water, it is recommended that individuals drink bottled water to prevent illness and exposure to the water (US Government, 2010). Another control measure which has been used by the federal government is based on the analysis and regulation of natural oil and hazardous substances that may move into the water through man - made disasters. A contingency plan has been developed in relation to the Clean Water Act, specifically to change the responsibility of those who have hazardous materials which may pollute the water and endanger wildlife. If an accident occurs, then it is considered an environmental crime. This is based on the lack of meeting regulations and codes that ensure safety while using specific hazardous substances, specifically which could have stopped the outbreak of problems in the environment. To comply with these standards, there are site evaluations which occur. If these don’t comply with the standards and regulations of safety measures that could lead to an accident with hazardous substances, than the industrial area is shut down until the standards are altered. The regulations differ by state, specifically because of the association with wildlife and water that may create different levels of harm. The law which matches with the federal government is based on the ability for the federal government to take involuntary acquisition of the property, specifically if there are issues related to organizational structure and hazardous materials not meeting the regulations of the federal government through state acquisitions (US Government, 2010, v 40 n 27). To ensure that water in various areas are regulated and controlled, there is also a monitoring system which has been established. Industries, cities, households and systems which use water supply are required to go through analysis, evaluation and monitoring of various systems. The main value which is created is based on the levels of toxicity that are determined. If these are not controlled or are being continuously polluted, then there is a set of regulations which comply until the water can be treated. Calculations are determined by waste characteristics, whether they will be released and the degree of hazard which is associated with the pollution. The volume, area and value of the hazardous waste are also determined. This creates a monitoring system and analysis which is then followed by which actions need to be followed to regulate and control the water pollution while changing the association with the complexities of water. Different regulations apply for ground water, surface water, drinking water and the level of threats which may arise, both in terms of the environment and with the human food chain (US Government, 2010, v 40 n 7). International Regulations The beginning of the Clean Water Act is not only important with the United States regulations which have been established. There are also regulations that are now similar on an international level and which are changing the environmental laws into one which is linked to controlling and maintaining the environment at a global level. This began in the 1960s and 1970s by the United Nations with movements to regulate and stop the high levels of pollution which were a part of the environment. Rights and obligations were developed that were based on protecting the environment, specifically which were associated with sustainable development in various countries. The main component was to establish an understanding of transboundary risk and harm that was a part of the natural resources being polluted. The impact from the UN led to the National Environmental Policy Act by the United States and allowed other nations of the world to begin to comply with using less pollution at various levels. The current changes have led to the framework convention of the UN which is based on finding new policies and solutions for climate change with a specific emphasis on creating measures for clean water through various regions of the earth (Jeffery, 2009). Societal Responses to Water Regulations The regulations which have been placed in terms of environmental laws and regulations have begun to affect different areas and regions, specifically with industries and corporations that are now required to meet and control specific regulations. The concept of the environmental laws has become one not only associated with the basic initiatives by the government. There are also changes which are occurring in terms of environmental planning and initiatives to meet specific regulations while changing the hazardous material that is within a given area. The need to create water resource management systems is now a main part of many industries and corporations and is the movement that the federal regulations are complying with. While many are moving toward this option for regulating systems, there are also new regulations which are required, specifically by creating boundaries that are needed for the environment and the water. The regulations will be required for each system, which means that a way of approaching the system for evaluation and changes in levels of pollution will need to be monitored. The regulations are creating responses specifically in terms of land based issues and developments in terms of privatization and planning of the various systems (Mitchell, 2004). The different environmental laws that are used for water pollution are providing establishments for regulating water pollution at one level. However, there are also other controversies which are related to the main water laws and the controls which have been created. This has created what is now known as the water wars, which is based on the economic and global associations with water which is needed. The rights of corporations to use specific types of water, specifically to meet the federal regulations, as well as the need to continue to have specific standards in various water systems is creating a question of which water should be cared for. Many that are in need of water that is unpolluted are being rated with secondary components while the hazards in the water continue to increase. However, the industrial favor over regulations and the licensing which is given first to corporations and private industries is creating a division in the water, specifically with the inability to control and monitor other aspects of the water controls. The environmental law for water regulations is then becoming controversial, specifically because of the economic and cultural implications which are a part of the water wars in society (Shiva, 2002). Political Issues with Water Policies The issues with water regulations are not only creating questions within society, but are also being questioned in terms of the framework which has developed as a result. Legislation is now focusing on ways to provide little human impact into different regions, specifically to create alterations in the water where there is a change in ecological status. The problem which is being created is one which is divided by the expected ecology and habitats that are a part of the region. This is being followed by schemes that are questioning whether the regulations, analysis and monitoring is changing the natural eco system while creating a lack of definition with the measurements. Many are now associating the environmental changes not only with policies which are expected to assist in water development but are debating whether the regulations are being used for policies that work in favor of the government for both economy and establishment of boundaries for corporations (Moss, 2008). The environmental protection analysis which has been established is further being questioned by the individual and economic interests who are in favor of the water, specifically because of the associations with gaining power and water rights with a specific corporation. While the initial water rights and CWA were designed to protect the hazardous waste and materials that are in the water, there are also other concepts which apply to the controls and which are being questioned. The ability to apply the analysis levels to the water is also one which is being questioned as a way to create levels of power and authority among industries as well as those who receive the water rights. The political negotiating process is also implied with the environmental laws that are applicable to a given territory, which is creating a question over the power, rights and the true monitoring of the water rights in various regions. Specifically, a cost – benefit analysis is implied with the boundaries for water rights as well as the use that is taking place, all which is able to affect the economy and alter the types of monitoring and analysis which is done through federal and state regulations (Sinden, 2005). Future of Environmental Laws for Water The main questions which have arisen as a part of the environmental regulations and water laws is one which is now relating to ways in which policies can be transformed to ensure that water wars and other problems don’t continue to arise. To do this, there need to be changes with the concept of environmental law first, while changing and monitoring the policies which have been integrated into the system. The first level of this is to define whether the water laws are working in favor of changing the hazardous levels of pollutions in the water as well as whether they are creating a sense of responsibility for those who aren’t meeting the requirements for water. Understanding the authority which is associated with the laws can then change the regulations which are a main component of the water laws. The second part to this is to alter the impact which is being made. It is noted that the economic, political and state affiliations with the environmental regulations for water have a limited impact, specifically because of other questions which are arising with the water as well as the analysis measures which are taken. Redefining the regulations and changing the system to implement new types of regulations will need to be established, specifically with a focus on sustainable development that allows the communities to benefit from the water policies (Adler, 2005). Another movement into the future that is now being incorporated is based on the private responsibilities that are a part of water control. Instead of the federal government maintaining controls, there is a specific application to environmental law that is expected to be met at an individual and institutional basis. For businesses, this associates specifically with ideas of corporate responsibility and the need to have a sense of environmental responsibility with the business. While this is not mandated by the federal government, those who practice this are known to have more opportunities with the business while stating the green movement as a part of the business. More important, the ability to move over the basic regulations to avoid man – made disasters and hazards, can stop one from becoming problematic in terms of the government, which assists with corporate governance. If the corporations and industries which are required to regulate water do have a disaster which harms the water, then it is named as an environmental crime. The result is that the corporation may lose growth and building in the business and can change the welfare of the business (Hay, Stavins, Vietor, 2005). Another association which is beginning to change the use of water and various regulations is based on the establishment of outside organizations which are not established as a result of the CWA or federal government regulations. Organizations that provide research, development to stop pollution at a local and global level and who are able to develop new options for sustainable development with water are currently being looked into. Scientists and those with new propositions for controlling and maintaining water pollution are continuing to alter the main proponents of water pollution while altering the understanding of risks that are involved. As individuals and institutions create and develop new research and technologies for water pollution, there is the ability to begin to alter the management of water pollution while changing the regulations with the water. The management that comes from this can then provide alternatives and a sense of knowledge to address issues that are associated with water pollution from a different perspective and outside of the current regulations (Simberloff, Parker, Windle, 2005). Conclusion The associations with the environmental laws and water pollution are designed to change the damage which is now prevalent on the earth. The first step to this came from the UN’s establishments and policies to begin to change the water pollution that was used. This was followed by federal regulations in the United States based on the Clean Water Act, which established a way to change the pollutant levels and to begin to stop the high levels of contamination which were affecting the water. The outcome of this was the development of the regulations for water codes among industries and individual systems while providing the NPDES as a basis for elimination. While this has led to controls from the regulations in the water, there are now questions of the political, economic and social standards which are associated with this. More important, there are different questions relating to the necessary changes which may occur for water policies among the government and how these will affect the CWA. The need to control, maintain and manage water pollution while reversing the effects on the environment then continues to be the main objective in changing the complexities of water pollution through environmental law. References Adler, Jonathan. (2005). “Judicial Federalism and the Future of Federal Environmental Regulations.” Iowa Law Review 90 (2), 377. FWPCA. (2002). “Federal Water Pollution Control Act.” Retrieved from http://epw.senate.gov/water.pdf. Hay, Bruce, Robert Stavins, Richard Vietor. (2005). Environmental Protection and the Social Responsibility of Firms. Washington DC: RFP Press. Jeffery, Michael. (2009). International Law and the Environment New York: Oxford University Press. Lian, Tang. (2003). “Effect of Agricultural Non – Point Source Pollution on Water Environment.” Environmental Protection (3). Mitchell, Bruce. (2005). “Integrated Water Resource Management, Institutional Arrangements, and Land – Use Planning.” Environment and Planning 37 (8), 1335-1352. Moss, Brian. (2008). “The Water Framework Directive: Total Environment or Political Compromise?” Science of the Total Environment 400 (3), 32-41. NPDES. (2010). National Pollutant Discharge Eliimination System. US Environmental Protection Agency. Retrieved from: http://cfpub.epa.gov/npdes/docs.cfm?program_id=0&view=allarchived&sort=name&amount=all Shao, Min, Xiaoyan Tang, Yuanhang Zhang, Wenjun Li. 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