Author: Sakshi Jadhav, a student of Ambedkar college of law, Wadala, Mumbai
Abstract
Climate change is not only an environmental issue but also a matter of social and legal equity. Environmental justice (EJ) demands fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development and enforcement of environmental laws. This article explores the legal intersection between climate change and environmental justice, examining statutory frameworks, jurisprudence, and the systemic disparities that make marginalized communities more vulnerable to environmental hazards.
The Proof: Climate Change and Its Unequal Impact
Scientific consensus affirms that anthropogenic greenhouse gas (GHG) emissions are the primary drivers of global warming. According to the IPCC Sixth Assessment Report, climate change causes more frequent extreme weather events, rising sea levels, and environmental degradation.
However, the disparate impact doctrine reveals that low-income and marginalized populations bear the brunt of these consequences:
- Health Inequities: These communities face higher exposure to pollutants, increasing risks of asthma, cancer, and heat-related illness.
- Geographic Disparities: Many live in flood-prone or heat-stressed areas, lacking resources for adaptation.
- Limited Access to Legal Remedies: Environmental litigation is resource-intensive, often sidelining vulnerable groups.
To the Point: Legal Jargon and Frameworks
1. Precautionary Principle
Mandates anticipatory action to prevent harm when scientific evidence is uncertain. Embedded in Principle 15 of the Rio Declaration (1992).
2. Polluter Pays Principle (PPP)
Holds that those who produce pollution should bear the costs of managing it. Codified in national statutes like The Environment (Protection) Act, 1986 (India) and CERCLA (USA).
3. Public Trust Doctrine
Establishes the government’s duty to protect natural resources for public use.
4. Environmental Impact Assessment (EIA)
A procedural requirement to evaluate the environmental implications of projects before approval.
5. Intergenerational Equity
The legal concept that current generations must preserve the environment for future generations.
Environmental Justice: Legal Definitions and Evolution
United States
- Executive Order 12898 (1994): Directs federal agencies to identify and address disproportionately high adverse environmental effects on minority and low-income populations.
- Title VI of the Civil Rights Act (1964): Prohibits discrimination in federally funded programs, forming a basis for EJ litigation.
India
- Though no standalone EJ statute exists, the judiciary has upheld the principle through Article 21 (Right to Life) of the Indian Constitution, expanding it to include the right to a healthy environment.
Landmark Case Laws
1. Massachusetts v. EPA (2007) [U.S.]
- Held that the Environmental Protection Agency (EPA) has the authority to regulate GHGs under the Clean Air Act.
- Recognized the federal government’s obligation to protect citizens from climate impacts.
2. Juliana v. United States (2015)
- Youth plaintiffs sued the U.S. government for violating their constitutional rights by promoting fossil fuels.
- Though dismissed on standing, the case spotlighted the doctrine of public trust and intergenerational equity.
3. M.C. Mehta v. Union of India (1987) [India]
- A series of PILs where the Supreme Court of India enforced the Precautionary Principle and Polluter Pays Principle.
- Formed the backbone for environmental jurisprudence in India.
4. Friends of the Earth v. Laidlaw Environmental Services (2000) [U.S.]
- Established citizen standing in environmental litigation, supporting grassroots efforts.
Intersectionality and Environmental Racism
Environmental justice also requires a look into environmental racism—where communities of color are disproportionately burdened with hazardous waste facilities, power plants, and polluted areas. In places like Flint, Michigan, systemic neglect in addressing water contamination exemplifies this injustice.
Legal remedies remain limited unless race-based discrimination can be explicitly proven, making the battle for EJ both a legal and political struggle.
Conclusion
Climate change is a global phenomenon with local and unequal consequences. Legal tools like constitutional rights, statutory duties, and judicial doctrines provide the foundation for demanding environmental justice. However, these tools must evolve to recognize and rectify structural disparities. Greater participatory rights, access to legal aid, and legislative reform are essential to align climate action with justice.
FAQs
Q1: What is the link between climate change and environmental justice?
Climate change affects everyone, but not equally. Marginalized communities suffer more due to limited resources, poor infrastructure, and historical neglect, making it a justice issue.
Q2: What laws protect vulnerable communities from climate impacts?
Laws like the Clean Air Act, NEPA, CERCLA, and constitutional provisions (like Article 21 in India) protect communities, though enforcement and access remain challenges.
Q3: What is the role of the judiciary in environmental justice?
Courts have interpreted the right to life to include environmental rights, applying doctrines like polluter pays and public trust to ensure environmental accountability.
Q4: Can individuals sue the government for climate inaction?
Yes, through Public Interest Litigations (PILs) or civil suits in many jurisdictions, but standing, causation, and judicial restraint often limit success.
Q5: How can environmental justice be promoted?
By empowering communities, reforming environmental laws, improving access to remedies, and integrating EJ considerations in policymaking.
