Pollution Accountability: Private Action For Environmental Justice

Pollution is the introduction of harmful contaminants into the environment, which can cause irreversible damage to the environment, ecosystems, and human health. It can take many forms, including air, water, and soil pollution, and can be caused by natural events or human activities such as industrialization, poor waste management, transportation, and agriculture. With the significant impact of pollution on society, the question arises as to whether individuals or entities have a private cause of action to address and seek redress for pollution-related harm. This involves exploring the legal avenues available to those affected by pollution and understanding the rights and responsibilities of both the polluters and the affected parties.

Governmental and corporate responsibility

The responsibility for pollution management is shared between governments and corporations. While the public expects the government to introduce measures to protect the environment, firms are the main source of pollution, and thus corporate environmental responsibility (CER) has become a significant concern for the government, shareholders, and the public.

Governmental Responsibility

Governments play a crucial role in protecting the environment and addressing pollution through various means. Firstly, they are responsible for implementing and enforcing laws, regulations, and policies aimed at reducing pollution. This includes setting strict environmental standards and taking compulsory measures, such as mandating the transformation or shutdown of polluting firms, to limit pollution discharge during production and operation. Governments should also ensure that institutions have the capacity and resources to monitor and assess pollution emissions effectively. This includes investing in air quality monitoring networks and mechanisms, which are currently lacking in many developing countries. Additionally, governments should translate public support and normative views on environmental protection into increased spending on pollution reduction initiatives.

Corporate Responsibility

Corporations are significant contributors to water pollution and air pollution. They have a responsibility to address and mitigate their environmental impact, including reducing water pollution to ensure clean water for all communities. This may involve installing pollution control devices, developing conservation plans, and supporting policies that protect water resources. Firms should also address the environmental problems they create and be proactive in adopting sustainable practices. Additionally, companies should incorporate pollution reduction into their Corporate Social Responsibility (CSR) activities by regularly reporting and monitoring their emissions, identifying and quantifying pollution sources, and establishing sector-specific programmes to reduce pollution.

Shared Responsibility

Both governments and corporations have distinct but interconnected roles in addressing pollution. While governments provide the regulatory framework and oversight, corporations must comply with these regulations and take voluntary actions to reduce their environmental impact. The success of pollution management relies on the collaboration and commitment of both parties.

Environmental and health impacts

Air pollution is one of the greatest scourges of our time, impacting not only climate change but also public and individual health. It is the presence of contaminants in the atmosphere, such as dust, fumes, gas, mist, odour, smoke, or vapour, in quantities that can be harmful to human health. These pollutants can enter the body through the respiratory tract, leading to inflammation, oxidative stress, immunosuppression, and mutagenicity, impacting the lungs, heart, brain, and other organs. The specific diseases most strongly linked to air pollution include stroke, ischaemic heart disease, chronic obstructive pulmonary disease, lung cancer, pneumonia, and cataract. In addition, there is evidence linking air pollution to adverse pregnancy outcomes, other cancers, diabetes, cognitive impairment, and neurological diseases.

Water, air, and soil pollution also have significant adverse health outcomes for humans, wild and domestic animals, and plants. Environmental contamination contributes to the development of antimicrobial-resistant genes, leading to non-infectious diseases such as cancer and respiratory illnesses. Furthermore, chemical pollutants in freshwater and oceans result in the accumulation of toxic chemicals, heavy metals, and microplastics in the human food chain, causing further adverse health effects.

The impacts of environmental degradation are compounded by the climate crisis, which acts as a multiplier of threats to human and animal health. Global warming, caused by anthropogenic activities that produce large amounts of greenhouse gases, has harmful effects on human health, animals, forests, wildlife, agriculture, and the water environment. People living in warm-climate countries, especially in poorly constructed buildings, are at high risk of heat-related health problems. Wildlife is also burdened by toxic pollutants, leading to reproductive failure and birth defects.

To address these challenges, global prevention policies and local actions are necessary. The European Green Deal, for example, aims to improve air quality and align with WHO recommendations. The zero pollution action plan introduced targets for 2030 to reduce the health impacts of air pollution, including premature deaths and the threat to biodiversity. Boosting education, training, public awareness, and participation are crucial to achieving the targets related to climate change and environmental pollution. Additionally, technological improvements and the use of the latest technology to manage pollution are essential.

Economic implications and costs

The economic implications and costs of pollution are significant, and addressing them is crucial for several reasons. Firstly, pollution stunts economic growth, exacerbates poverty and inequality, and contributes to climate change. Secondly, it imposes a substantial burden on health and human capital, leading to significant costs for healthcare systems and productivity losses. Thirdly, pollution hinders development outcomes, particularly in low- and middle-income countries, by causing fatal illnesses, creating harmful living conditions, and impeding progress.

The costs of pollution are far-reaching and impact various sectors of the economy. For example, in the health sector, air pollution alone causes approximately 7 million premature deaths annually, with a recent World Bank publication estimating a cost of $8.1 trillion in 2019, equivalent to 6.1% of global GDP. Additionally, studies have shown that air pollution from wildfire smoke costs Americans $16 billion annually, with 6,200 respiratory hospital visits and 1,700 PM2.5-related deaths. The costs extend beyond healthcare, with pollution causing environmental damage, such as soil contamination, water pollution, and plastic pollution, which have economic repercussions.

Furthermore, the economic activities that contribute to pollution also incur costs. For instance, the use of fossil fuels, industrialization, and agriculture result in pollution and deplete natural resources. This leads to a vicious cycle where the economy relies on these activities for growth, but the resulting pollution hinders that growth. Additionally, the costs of implementing pollution control measures and clean technologies should be considered. While these measures have been shown to have a positive return on investment, they still require upfront investments and ongoing maintenance costs.

Despite the costs, addressing pollution can have economic benefits. For example, pollution management can contribute to climate change mitigation, alleviate poverty, and enhance competitiveness through job creation, improved energy efficiency, and sustainable development. Additionally, reducing pollution can lower healthcare costs associated with pollution-related illnesses and improve productivity by reducing absenteeism due to illness. It is also important to note that some countries have achieved decoupling between economic growth and pollution emissions, indicating that economic growth can be sustained without compromising the environment.

Overall, the economic implications and costs of pollution are complex and far-reaching. Addressing pollution requires a comprehensive approach that considers the trade-offs between economic activities and the environment. By investing in pollution control measures, promoting sustainable practices, and transitioning to cleaner technologies, societies can mitigate the economic costs of pollution and improve health and environmental outcomes.

Legal and policy frameworks

International Efforts

International organisations like the World Bank Group play a crucial role in supporting developing countries and fostering partnerships to reduce pollution. They promote clean development and a circular economy, emphasising the reduction of black carbon and methane emissions to mitigate climate change. The World Bank also provides analytical tools and frameworks, such as the Energy Subsidy Reform Assessment Framework, to guide countries in phasing out fossil fuel subsidies, which contribute to increased pollution and hinder the competitiveness of renewable energy sources.

Regional Initiatives

Regional blocs, such as the European Union (EU), have implemented comprehensive policy packages to tackle pollution. The EU's Zero-Pollution Action Plan sets concrete targets to reduce pollution from various activities, including agriculture, and promotes cleaner products and technologies. The Ambient Air Quality Directives establish standards for multiple air pollutants and outline methods for monitoring, assessment, and public information. The EU also addresses noise pollution with the Environmental Noise Directive, aiming to reduce noise levels across Europe.

National Legislation

At the national level, legislation and regulations are vital to managing pollution. For instance, the London Smog Disaster of 1952 led to the adoption of the UK Clean Air Act in 1956. Similarly, fatal air pollution episodes in Donora, USA (1948), and Meuse Valley, Belgium (1930), spurred actions to tackle air pollution in those countries. The transition from fossil fuels to cleaner energy sources is a common theme in these efforts.

Private Sector Involvement

The private sector has a significant role in reducing pollution. Companies can integrate air quality into their Corporate Social Responsibility (CSR) activities, regularly monitoring and reporting their emissions. They can establish sector-specific programmes to reduce pollution, adopt best environmental practices, and improve energy efficiency. Additionally, awareness campaigns can enhance transparency and communicate their commitment to reducing emissions.

Public Awareness and Action

Public awareness and individual actions are crucial components of pollution reduction strategies. Investing in air quality monitoring networks and technologies provides valuable data for governments and individuals to understand local pollution levels and take appropriate actions to reduce exposure and mitigate impacts. This includes simple measures such as reducing plastic consumption, properly disposing of chemicals, and maintaining vehicles to prevent leaks.

Pollution prevention and reduction strategies

Pollution is the leading environmental cause of disease and premature death, with air pollution causing 7 million premature deaths each year. It is therefore critical to address pollution to alleviate its toll on health and human capital, as well as associated GDP losses.

Pollution prevention (P2) is any practice that reduces, eliminates, or prevents pollution at its source before it is created. P2 is fundamentally different from recycling, treatment, or disposal, and it is often more cost-effective to prevent pollution from being created at its source than to pay for control, treatment, and disposal of waste products. P2 can be applied to all potential and actual pollution-generating activities, including those found in the energy, agriculture, federal, consumer, and industrial sectors.

• Laws and Regulations: Governments should implement and enforce laws, regulations, policies, and mechanisms to manage air pollution. This includes ensuring that institutions have the capacity to monitor, assess, and address air pollution emissions.
• Corporate Social Responsibility: The private sector can play a crucial role in reducing air pollution by including air quality in their Corporate Social Responsibility activities. Companies can pledge to regular reporting and monitoring, identify and quantify air pollution emissions, and establish programs to reduce pollution.
• Energy Sector: In the energy sector, P2 can involve reducing environmental damage from fuel extraction, processing, transport, and combustion. This includes adopting less harmful pesticides, cultivating crop strains with natural pest resistance, and protecting sensitive areas.
• Industrial Sector: In the industrial sector, P2 practices include modifying production processes to generate less waste, using non-toxic or less toxic chemicals, implementing water and energy conservation practices, and reusing materials instead of disposing of them.
• Agriculture: In agriculture, P2 can involve adopting less harmful pesticides, cultivating crop strains with natural pest resistance, and improving waste management practices.
• Conservation and Waste Minimization: P2 focuses on conservation and waste minimization or elimination. This includes modifying production processes, using less-toxic substances, improving conservation techniques, and reusing materials.
• Recognition and Incentives: Recognizing and incentivizing companies and employees for their P2 involvement can spur continuous improvement in environmental stewardship.
• Addressing Externalities: In markets with pollution or other negative externalities, the free market outcome can be considered a market failure. To address this, methods such as tariffs, Pigouvian taxes (e.g., carbon tax), and cap-and-trade systems can be implemented to internalize the externality.
• Subsidy Reform: Phasing out subsidies for fossil fuels can help reduce wasteful consumption and lower the cost of oil-based products, making renewable alternatives more competitive.
• Monitoring and Awareness: Investing in air quality monitoring networks and awareness campaigns can help people understand the air pollution levels in their areas and take action to reduce their exposure.

Frequently asked questions