
Environmental justice is a crucial aspect of human rights, law, and governance, ensuring that all people, regardless of socioeconomic status, ethnicity, or nationality, have access to a clean and safe environment. Over the years, courts worldwide have played a pivotal role in shaping environmental jurisprudence, holding governments and corporations accountable for environmental degradation. This article examines landmark environmental justice cases globally, with a particular focus on India, analyzing their impacts and implications.
Global Environmental Justice Cases
1. Massachusetts v. Environmental Protection Agency (USA, 2007)
Issue: The U.S. Environmental Protection Agency (EPA) refused to regulate greenhouse gas emissions from motor vehicles under the Clean Air Act.
Judgment: The U.S. Supreme Court ruled that the EPA has the authority to regulate greenhouse gases as pollutants.
Impact: This decision strengthened the legal basis for climate change regulation in the U.S. and set a precedent for governmental responsibility in mitigating climate change.
2. Urgenda Foundation v. State of the Netherlands (Netherlands, 2015)
Issue: The Dutch government was sued for failing to take sufficient action to reduce greenhouse gas emissions.
Judgment: The court ruled that the government had a duty to cut emissions by at least 25% by 2020 compared to 1990 levels.
Impact: This was the first case where a government was legally compelled to act on climate change, inspiring similar litigation worldwide.
3. Shell Nigeria Cases (Nigeria, 2013-2021)
Issue: Shell was accused of environmental pollution in the Niger Delta, impacting local communities.
Judgment: Courts in the Netherlands ruled that Shell was liable for oil spills and ordered it to compensate affected communities.
Impact: This case demonstrated that multinational corporations could be held accountable for environmental harm in foreign jurisdictions.
4. Leghari v. Federation of Pakistan (Pakistan, 2015)
Issue: A Pakistani farmer sued the government for inaction on climate change.
Judgment: The Lahore High Court ruled in favor of the petitioner, creating a Climate Change Commission to oversee environmental policies.
Impact: The case reinforced that climate action is a legal obligation of governments.
Landmark Environmental Justice Cases in India
India has witnessed several landmark environmental cases, with the Supreme Court and the National Green Tribunal (NGT) playing a vital role in upholding environmental justice.
1. M.C. Mehta v. Union of India (1986) – The Oleum Gas Leak Case
Issue: A gas leak from Shriram Food and Fertilizer Industries in Delhi caused severe health hazards.
Judgment: The Supreme Court established the absolute liability principle, making industries strictly liable for environmental harm, regardless of negligence.
Impact: Strengthened industrial regulations and led to the enactment of the Environment Protection Act, 1986.
2. Vellore Citizens Welfare Forum v. Union of India (1996)
Issue: Unregulated pollution by tanneries in Tamil Nadu caused severe water contamination.
Judgment: The Supreme Court applied the ‘Precautionary Principle’ and ‘Polluter Pays Principle,’ directing industries to compensate affected communities.
Impact: Set a precedent for environmental compensation and sustainable industrial practices.
3. T.N. Godavarman Thirumulpad v. Union of India (1996) – Forest Conservation Case
Issue: Large-scale deforestation and mismanagement of forests in India.
Judgment: The Supreme Court interpreted the Forest Conservation Act, 1980 broadly, placing strict restrictions on deforestation.
Impact: Led to the identification and conservation of protected forests and the establishment of Forest Advisory Committees.
4. Indian Council for Enviro-Legal Action v. Union of India (1996) – Industrial Pollution Case
Issue: Hazardous industrial waste was polluting groundwater in Rajasthan.
Judgment: The Supreme Court directed industries to bear the cost of cleaning up pollution, reinforcing the ‘Polluter Pays Principle’.
Impact: Strengthened corporate accountability for environmental damage.
5. M.C. Mehta v. Kamal Nath (1997) – River Pollution Case
Issue: A luxury resort owned by a politician was illegally built on the banks of the Beas River, leading to ecological damage.
Judgment: The Supreme Court ruled in favor of the Public Trust Doctrine, stating that natural resources like rivers and forests are held by the state in trust for the public.
Impact: Restricted commercial exploitation of ecologically sensitive areas.
6. Sterlite Copper Plant Case (2018)
Issue: The Sterlite copper plant in Tamil Nadu was accused of severe environmental pollution.
Judgment: The Madras High Court and later the Supreme Court upheld the closure of the plant.
Impact: Strengthened public participation in environmental matters and corporate accountability.
7. Puttaswamy Case and the Right to a Clean Environment (2017)
Issue: The K.S. Puttaswamy v. Union of India case recognized the importance of fundamental right under A 21 and broadened its scope.
Impact: The ruling indirectly reinforced that the right to life (Article 21) includes the right to a clean and safe environment.
8. Supreme Court on Pollution-Free Environment (2024)
Issue: Rising air pollution levels in Delhi and northern India.
Judgment: The Supreme Court ruled that the right to live in a pollution-free environment is a fundamental right.
Impact: Strengthened legal action against air pollution and held authorities accountable for environmental degradation.
Implications of Landmark Environmental Justice Cases
These cases have had far-reaching consequences in terms of legal precedents, governance policies, and environmental awareness.
1. Strengthening Environmental Laws
Many landmark rulings have led to stricter environmental laws and policies, such as the Environment Protection Act, 1986, and the National Green Tribunal Act, 2010 in India.
2. Holding Governments and Corporations Accountable
Courts have increasingly held governments and corporations liable for environmental harm, ensuring that environmental justice is enforced at all levels.
3. Expanding the Scope of Fundamental Rights
Several rulings, especially in India, have recognized the right to a clean environment as part of the fundamental right to life under Article 21 of the Constitution.
4. Encouraging Citizen Participation
Many cases have been initiated by activists, environmental groups, and citizens, highlighting the importance of public interest litigation (PIL) in advancing environmental justice.
5. Setting Global Precedents
Cases such as the Urgenda ruling in the Netherlands and the Leghari case in Pakistan have influenced climate litigation worldwide, emphasizing government responsibility in mitigating climate change.
Conclusion
Landmark environmental justice cases have played a crucial role in shaping environmental governance globally, particularly in India. The judiciary has emerged as a strong defender of environmental justice and rights, ensuring that governments and corporations adhere to sustainable practices. As climate change and environmental degradation continue to pose significant challenges, judicial intervention remains essential in safeguarding the planet for future generations.
These legal victories demonstrate that environmental justice is not just a legal obligation but a fundamental human right, ensuring a sustainable and equitable future for all.
Sources: UNDP, Supreme Court of India Cases, Wiki