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Environmental Law: a growing field in the face of climate change

With humanity’s impact on the natural world becoming more wildly known and understood, the field of environmental law is an increasingly important sector in the legal landscape. Read on to find out more about environmental law, what kind of work it involves and why it is important for our future.

Written by Grant Longstaff. Published 23 October 2024.

What is environmental law?

Environmental law is an umbrella term for the laws and legislation designed to protect the environment and reduce the impact of climate change. It can cover areas from air and water pollution to wildlife conservation, sustainability and natural resource management. Environmental laws help regulate governments, corporations and businesses and can hold them to account should they fail to operate in an ethical way.

In the UK, the Environment Act 2021 covers a range of areas and not only sets out rules on environmental governance, but also aims to protect natural environments and habitats and improve environmental standards. It also includes environmental targets which are legally binding.

However, many campaigners believe the Environment Act 2021 still falls short of what is needed to create meaningful change. Additionally, Dame Glenys Stacey, Chair of the Office for Environmental Protection (OEP) and a solicitor by profession, suggests, “For Government to stay on course to meet its ambitions for the environment, it must keep abreast of how the law is working.”  So, its imperative environmental laws are regularly reviewed to ensure they are fit for purpose.

The history of environmental law

Whilst environmental laws may feel relatively recent, history shows us that the impact of humanity on the world around us has been subject to scrutiny for centuries. The early 1300’s saw a temporary ban on burning coal fires in London. In the summer of 1858, an event known as “The Great Stink” also took place in the capital when hot weather amplified the stench of untreated waste along the banks of the Thames. This became the catalyst for the formation of the Metropolitan Commission of Sewers which brought control of the system under a single body.

Whilst some laws – such as the Night Poaching Act 1828 which prohibited “going out by night for the purpose of destroying Game” – are still in existence today, many laws have changed and evolved. As we become more aware of the changing world around us it is likely there will be increased scrutiny of environmental laws, and further work will be undertaken to ensure the protection of fragile ecosystems and prevent the damage of climate change.

Environmental law and climate change

Climate change is causing the Earth to warm at an unprecedented rate. As the average global temperature rises we’ll experience more extreme and unpredictable weather, witness transformations in our landscapes and see the destruction of fragile ecosystems. In an effort to combat this the UK government established the Climate Change Act 2008, a legally binding target of reducing greenhouse gas emissions by a minimum of 100% of what they were in 1990.

Whilst many governments around the world have also introduced their own legislation on climate change, there has been recognition that this work must also take place on a global scale. 2015 saw the introduction of The Paris Agreement, an international treaty signed by over 190 countries  which aims to “substantially reduce global greenhouse gas emissions to hold global temperature increase to well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C above pre-industrial levels, recognising that this would significantly reduce the risks and impacts of climate change.”

However, such policies are not without their critics, with many feeling the legislation could, and should, go further in their efforts to tackle climate change. With the environment as a focus for many governments and organisations, the need for lawyers with knowledge and expertise in environmental law are becoming gradually more important.

Why is environmental law important?

It is becoming increasingly important for not only governments, but also corporations, businesses and other organisations to examine their impact on climate change and the environment, and adjust their practices accordingly.

Environmental laws also mean those companies and individuals who do not abide by the law can be properly penalised and held responsible for their actions. It has also highlighted the inequality experienced by poorer people and communities who are disproportionately affected by environmental classism.

Environmental laws and regulations also help protect natural resources, ensures biodiversity and safeguards endangered species and wildlife. It can shape how we use our land, prevents pollution, and promotes the use of renewable energy and green technology.

For more advice and information on the wide range of environmental policies and laws across the UK, take a look at the Law and Your Environment section of The UK Environmental Law Association (UKELA) website.

Working as an environmental lawyer

There are numerous opportunities to work within the field of environmental law. There are law firms dedicated to environmental justice and litigation. Opportunities can also be found in local and national governments, charities and trusts, and many businesses now have a need for experts in this area as they try to navigate new legislation on sustainability and environmental compliance. Finally, the UKELA is a leading membership organisation for those interested in environmental law and their website offers a number of excellent resources for those hoping to work in the sector.

 

If you want to make a difference and shape the future of our world, our LLM in Environmental Law is the perfect course to get you started.