Atmospheric Pollution

Firstly, we must question How does aura contaminant occur? To understand this, single is required to gain the earths surroundings. Life is totally dep shuttingant upon the blanket of mixed gases referred to as blood surrounding our deviseet earth. This halo is, approximately, a five hundred kilometre thick1 composite layer of colourless, odourless gasses that surrounds the earth kept in habitation by gravitational forces. Due to its intangible form, it is often ignored by man, making it vulnerable and comfortably damaged (this fact creation highlighted by a large modus operandi of disasters ca workoutd, termi nationively, by man). The political and scientific debate on the so called Greenhouse Effect is establish on concern all over change magnitude atmosphericalal levels of blow dioxide resulting from combustion of fossil fuels and emissions of other Greenhouse Gases much(prenominal) as methane (from decomposing yen), chlorofluorocarbons (CFCs) and nitrous oxide s (NOx).The activities of homo sapiens take a shit introduced these new chemical substances into the atmosphere and disturbed the distri furtherion of its natural constituents. At first, this was limited to the effect of the fireplace, tho later, with the greatly expanded usage of coal, these effects grew more acute. And, after the Industrial Revolution, these effects were compounded. As entrust be made clear, this revolution reached such a point that consequences began to be regarded more than just an needed residue of industrialisation and the struggle for economic growth.1.1Secondly, in order to intertwine the above information with the discommode at hand, it may be necessary to ask mavinself, what is environsal police, who is using it and for what purposes? These questions be world posed, as it is imperative to understand the coveringground of the subject, non just for this subtopic in environmental law, only if any topic, before entering it in any depth. Environme ntal law is first and fore just about, a combination of primary legislation2, utility(prenominal) legislation3 (which leave be explained in more depth throughout the despatch), judicial decisions, common law principles, European Community legislation4 which impose an obligation on members states to enact legislation to give effect to the terms of the Directive5 which ar transposed into national law (as orders), European treaties and outside(a) law (found in treaties, conventions and protocols).1.2The fore close to function of environmental law is not, as more would imagine, to completely eliminate contamination altogether, but rather, to allow, or balance contamination levels with the gains we, as a society receive from economic growth. This phenomenon, kn have got or so frequently as sustainable development is one that provide be referred to time and time again in any environmental law topic. Sustainable developments widely accepted definition is to be found in the 19 87 Bruntland Report Our Common future tense (the report for the World Commission on Environmental Development 1987). It statesdevelopment that meets the needs of the present without conciliatory the ability of the future generations to meet their hold needs.In layman terms, what this report was recommending, or advising the inhabitants of this earth to do, was to use our resources on the planet in such a manner, so as not to jeopardise the bearing in which it can be used by others in those divisions after us. A definitive example highlighting the necessity of sustainable development is that of the Communist regimes, such in Poland, in which they favoured mathematical product and economic development over protection of the environment. In brief, economic growth will lead to changes in the environment. If this growth is not lateralityled/governed, it can lead to an ugly and dangerous environment. One could be as emboldened as to say that obviously, the overriding con gradientr ation of any commercial enterprise is the chief(prenominal)tenance and expansion of profit.To fall upon this, one tactic is to minimize be and this can occur by reviewing methods of disposal of unwanted materials. If discharging these wastes into the atmosphere represents the cheapest way of accomplishing this, then the industry will receive a strong inclination to adopt this strategy. The costs of disposal do not disappear when pollution is emitted into the atmosphere, and as has been discovered, the society will in conclusion end up paying far greater costs. Therefore, it is the governments of each nation must choose limits to benefit some(prenominal) the environment and economic growth. This is often referred to as anthroprecantic7 and most law is based on it.As it was eventually priseed (with regards to the line in Poland) that their lack of concern for the environment in which they inhabited was, in effect, the reason for their unworthy economic advancement. It was al so noted that their Gross Domestic Product (GDP) was less than those countries who followed the anthroprecantic brass. This perhaps is the most tiny example of how the environment plays such a big factor on our lives, not just for our health, but also for the development of our respective countries. ( aft(prenominal) all, it is the aspiration of each and all governing nation to become loaded and prosperous economic development is at the heart of each nation). In working towards sustainable development, whether in broad terms or looking at one particular medical prognosis such as pushover quality, a account of basic concepts must guide action. These concepts have been clearly outlined in a number of governmental papers8. Within the United Kingdoms largely secular and pragmatic society, it seems inevitable that pollution is view in an economic context.2.0The industrial revolution was the main cause of such concern over the environment. Before this time, environmental law in En gland and Wales was characterised by a parochial focus on localized pollution difficultys9. Such problems date back to the early uses of coal in domestic fires. The production of experience and particulates from fires caused pulmonary infections and related lung diseases. Notwithstanding this effect, coal continued to be used. In 1661, John Evelynpublished his notable work on piece of cake pollution in city aras, Fumi Fugiumi, which not only outlined the problems that atmospheric pollution from the skinny caused, but also, more importantly, tried to suggest methods by which the problem could be resolved. aft(prenominal) this period, much legislation was passed addressing special problems in this ara of law, for example, atmospheric pollution from chemical industries and unclean modes of transport, water pollution and the regulation of statutory nuisance.2.1Very few areas of the United Kingdom are safe from air pollution. contamination levels exceed giving medication healt h standards all over the country on many days every year, even in rural areas. It is difficult to assess exactly the impact of air pollution on public health. However the government itself stated that the Department of Healths latest assessment is that air pollution is at present responsible each year for several metre advanced deaths for ten to twenty thousand hospital admissions, and for many thousands of instances of illness, reduced activity, distress and discomfort10. It was also assessed that short-term episodes cause between 12,700 and 19,500 premature deaths in the UK a year11. And three years prior to this, it was estimated12 that short-term pollution episodes were responsible for between 12,000 and 24,000 deaths per year. These figures have put new pressure on the Government to fully support the Road trading decline Bill13, from Cynog Dafis MP.Over 400 Members of Parliament are supporting the principles of the Bill, which requires the government to produce a national p lan to cut road avocation from 1990 levels by 5% by the year 2005 and 10% by the year 2010. As can be imagined, road transport is a major source of air pollution in the UK. Five of the key out pollutants are particulates (fine dust and soot particles PM), carbon monoxide (CO), nitrogen oxides (NOx), benzene and hydrocarbons (HCs). After more than half a century of under-investment in Britain, roads are the most congested in Europe14. However, knowing that transport is the cornerstone of modern society, yet it is responsible for poor air quality in many urban centres around the world, what is in that respect that can be done about its damaging effect on our environment?There are increasing concerns about the impact of traffic exhaust emissions on the health of citizens who are exposed to the high concentrations of pollutants, plus the wider global implications. Legislation is helping clean up vehicles and fuel, but there is a significant time lag while the vehicle stock is being replaced. In the interim, mechanisms could to be introduced that accelerate the replacement of vehicles or improve the existing stock.2.2In the UK such a concept has taken the form of Low Emission Zones, which aim to restrict the use of the most polluting vehicles from specific areas in an urban environment. In Sweden, a similar concept has been in operation since 1996 whereby environmental standards are specified for heavy vehicles entering the central area of the main cities. The government has also recently amaze health standards for eight key pollutants. For these pollutants it has also set policy targets to be reached by the year 2005. brush these targets will need action locally, nationally and internationally. The Environment shape 1995 set up a governance known as Local Air Quality Management through which local authorities will play a major part in reducing pollution levels.2.3If we are to meet the Governments targets for air pollution, then pollution from traffic must be cut drastically. There are two main ways to do this Traffic reduction cutting the volume of traffic on the roads. A number of environmental organisations are supporting the Road Traffic Reduction coif (which is now law) and the Road Traffic Reduction (UK Targets) Bill. This Bill, which is currently in Parliament as a Private Members Bill, aims to cut traffic levels nationally by 5% by 2005 and 10% by 2010. Greener cars making sure that cars pollute as picayune as is possible. This is achieved through tightening engine technology and fuel quality standards. These standards are set at a European level15.2.4Although the above issues are seemingly simple, everyone does not welcome the manner in which they will be implemented. For example, There are a huge number in opposition to the government increasing taxes on fuel, and in one particular instance, it was stated by a former chairman of a lobbying institution, that if Gordon Brown increases his fuel taxes, he will see the same si tuation as he byword in Autumn 2000 where there was a great number of protests and havoc was caused around Britain16 This threat was strengthen by a totally independent party, namely the Petrol Retailers Association, who warned if taxes on motor fuels are increased, throttle forecourts will close17. With statistics and threats such as those provided, it is difficult to advise what the government can do to aid the situation.The fully grown Democrat party also showed its urgency when it released a statement highlighting its concern that the Chancellor of the exchequer must freeze fuel taxes in truly terms for the lifetime of this Parliament. The party also called for a sliding scale of car tax emissions, so that consumers with polluting vehicles paying higher duties, and those with the most environmentally friendly, paying nothing18. And, in support of this plea, it was stated, by The Confederation of British Industry, that they would be surprised and disappointed if there was a real increase in fuel duties2.5The Mayor of capital of the United Kingdom, Ken Livingstone, who is behind many of the more noticeable environmental issues with regards to London stated in his manifesto that he aims to put the environment at the heart of London government and provide for comprehensive environmental assessment and monitoring of all strategies which the Mayor is required to produce19. In addition to this, the Mayor said that he will aim to reduce road traffic by 15% by 201020. In favour of this aim, recent figures suggest that the UKs emissions of volatile organic compounds (VOCs) are being reduced21 and in addition, greenhouse gases are also being reduced. However, as stated previously, with the correction of specific pollution problems, comes an uplift of other hazards, such as in this case, the increase in carbon dioxide emissions and recent developments in the electricity market suggest problematic situations.3.0All aspects of environmental law have a domestic, Eur opean and international dimension to them. For example, if one lives in a country where there are dangerous waste materials being transported thorough, the government of transporting town will ensure that the standard of safety provided is of a standard expect on a international level. These precautions must be taken in any environmental situation as will be discovered through this assignment. The influence of international law on the regulation of air pollution has been significant. This may be in recognition of the fact that many of the problems caused by air pollution can have impacts across a large geographical area (and in many cases cause seriously global effects). There have been a number of areas where international law has helped to set policies and rules on both a domestic and European level.Therefore, with regards to our particular topic, atmospheric pollution in England is regulated, not only by domestic bodies, but moreover, on a European and global level. The problems related to air pollution are by no means a new phenomenon. The prohibitions on certain activities producing smoke are probably the first instances of environment pollution legislation in the United Kingdom, and legislation dates back to 1863 with the Alkali Act, Public Health Act 1875 and 1936, Public Health (Smoke Abatement) Act 1926 and the Clean Air Act (CAA) 1956. The first modern piece of legislation combating air pollution, namely the Alkali Act, represented the culmination of a long period of dissatisfaction with environmental conditions, especially in London. For example, in 1819, an M.P had written,The volumes of smoke which issues from the furnaces on every side of the river Thames opposite my own house actually blacken every flower I have in my own garden in Whitehall22Until the CAA 1956 was introduced, the government of Britain has had a large amount of difficulty in tackling the problems of atmospheric pollution. Nowadays, the 3 main pollution controls in Britain (whic h will be clearly explained in distributor point in), are the Integrated Pollution Control (IPC)23 and Integrated Pollution and Control (IPPC), the Clean Air Act (CAA)24 1993 (a consolidation of the CAA 1956 and CAA 1968), and the controls relating to vehicle emissions. In addition to these, the Environmental Act 1995 25(EA 1995) naturally plays a large role, as it does in all environmental issues.3.1Having discussed the topic of environmental law, recapped on the history of atmospheric pollution, and realised that there is a need for change, it is now necessary to discuss and evaluate the measures and changes which have been made, by domestic, European and international governments along with a vast number of very influential pressure groups. The main three are (mentioned in section )a) The Integrated Pollution Control (IPC)26 and Integrated Pollution and Control (IPPC) license based controls relating to a range of highly polluting industries detailed in part1 of the Environmenta l Protection Act (EPA) 1990 and the Pollution taproom Act (PPA) 1999.b) The criminal sanction based controls over the emission of smoke and other particulate be from chimneys and furnaces detailed in the Clean Air Act (CAA) 1993.c) Controls relating to vehicle emissions. These controls encompass engine efficiency standards, the chemical composition of fuels, the mandatory use of catalytic converters, eco-taxes, price differentials between different types of fuel and the use of traffic management powers.27. The same controls are an enhancement made by the Environmental Act 1995.3.2The CAA 1993 concentrates on the control of emissions on smoke, dust and grit by means of criminal offences. The main offences are, emissions of dark smoke from a chimney or from industrial premises, emissions of dust and grit from non-domestic furnaces, emissions of smoke from a chimney in a Smoke Control Area and various other offences relating to the installation of furnaces. Having stated earlier, a tmospheric pollution is not save a domestic issue, the involvement of Europe is particularly highlighted with the great many directives established. Since 1993, when the Maastricht Treaty on the European Union (EU) reformed the Treaty of Rome, Articles 130r 130t of the EC Treaty have provided the legal basis for Community environmental law.Specifically, under Article 130r (2), environmental policy is guided by four principles the precautionary, the polluter-pays principle, the integration principle, and the source principle. Moreover, the aforementioned Article further provides that a directive or regulation may include a shield clause, which allows Member States to take any appropriate measure to protect the environment in case of emergency28.European Community (EC) measures to curb air pollution can be divided into different categories. Emissions from industrial plants whereby the most important directive is the Large Combustion Plant Directive (88/609/ europium). In addition to this, Directives 89/369/EEC (dealing with emissions from incineration plants, and Directive 96/61/EC (IPPC) which was implemented into national law in 1999 are the most important directives regarding Emissions from industrial plants. Another category is that of Air pollution affecting the ozone layer and global warm up in which EC regulations 3322/88, 591/91 and 549/91 which have banned CFCs and hydro fluorocarbons (HFCs), respectively. Air quality standards have been inputted in Air Quality Framework Directives (96/62/EC) and 99/30/EC. As can be seen, the EC has implemented a large number of directives, however, what is not apparent from the information given, is which have been implemented in British national law. The EC also concentrates on vehicle emission standards, product quality standards and atmospheric pollution and waste reduction29.4.0As an evaluation, it is necessary to view the opinions and exits of specialised bodies that thrive to ever improve the environment, s uch as Green Peace and Friends of the Earth. However, when consulting such sources, one is required to acknowledging the great possibilities of biasness, in order to assess the contribution these measures and policies have made on the atmospheric pollution levels in Britain. Regarding one particular publication issued by Friends of the Earth, it was stated, that by using government data and methods to calculate an Air Quality Indicator for 1999 established that air quality is free very poor.The calculation shows, for key monitoring sites around Britain, the average number of days on which air pollution levels were above the Governments air quality standard. John Prescott called it a key quality of life indicator. It was also stated that road traffic is the major source of air pollution in the UK, which is responsible for 48% of UK emissions of nitrogen dioxide, 26% of particles, 2% of sulphur dioxide and 74% of carbon monoxide. Ozone is a secondary pollutant, produced by reactions between nitrogen dioxide and hydrocarbons. Road traffic is responsible for 38% of UK emissions of hydrocarbons. In this report, it was stated that the share of pollution produced by road traffic would be significantly higher in towns and cities.4.1The (New) Labour government took office in 1997 promising to be the first truly green Government ever and to put concern for the environment at the heart of policy making. There have been real achievements. In Labours first term, both Tony Blair and John Prescott led international efforts to agree the Kyoto treaty to conflict climate change. Labour committed the UK to cut emissions of carbon dioxide, the most significant climate changing gas, by 20% by 2010. Despite Tony Blairs very close relationship with the United States, he is still fain to criticise President Bush for reneging on this treaty and attempting to undermine support for it from other states.Gordon Brown overcame run acrossable hostility from the business lobby to introdu ce the Climate Levy, which has begun to give industry clear incentives to cut emissions. Unfortunately, this is where achievements tip to become more difficult to establish. Early in Labours first term, Chancellor Gordon Brown took important move to implement the basic principle of green taxation, that tax should be raised on polluting and environmentally negative behaviour, with the revenues used to pay for green initiatives and to cut taxes on employment. But New Labour has now merely surrendered to the fuel tax protestors, and abandoned the process of gradually raising fuel duty to ensure that the cost of motoring more accurately reflects the environmental damage it causes. And in his last Budget, Brown put employers theme Insurance contributions back up again, increasing the cost of labour and discouraging job creation.304.2Ultimately, it appears that any capitalistic economy must face the full scale of any atmospheric pollution problem presented by their production. As sta ted in 1.2, a capitalist economy focuses on survival of the fittest to ensure its own self preservation. Eventually, if the exhaustion of natural resources is approached, a capitalist economy will have to modify its own behaviour to guarantee its own survival, for it requires these resources to continue its existence. It appears as thoughwe are, environmentally, living in a barbarous circle, whereby our preventative measures are preventing one particular problem, but at the same time, causing a problem of a different nature. It is only when that problem becomes apparent to public knowledge that it begins to be tackled. It appears, from methods undertaken before, for the protection of the environment that we may be preventing the condition of our earth from deteriorating to such a dismal point. Our structural interventions in capitalist economy do not appear without merit, albeit sometimes unnoticeable.4.3It was stated by Al Gore31 in his account book Earth in the Balance Modern i ndustrial civilisation is colliding violently with our planets ecological system. We inherited Eden and are leaving our children a depleted rubbish tip32. However, on a global scale, this appears not to be, in my opinion, the case. Having researched this project for a number of months, one can honestly believe that environmentally, things are getting better. Although issues are still to be found on a daily basis in any newspaper one picks up, the fact remains that things are getting better or are getting worse, at a slower rate than they were previously.4.3Air pollution is not a new phenomenon that has been getting worse and worse, but an old phenomenon that has been getting better and better, leaving London cleaner than it has been since the Middle Ages.33 Having evaluated governmental policies and researched air pollution, world-class in Britain, one would hope that this statement can now be conclusively agree, or disagreed with. Evidently, the system in which the British govern ment takes actions often referred to as the sectoral approach34 means that whilst our nation is tackling one particular aspect of pollution, another problem would shift to another sector. Britain has a problem with embarking upon the environmental issue on the whole35.Therefore, in a brief summary of the above conclusions, it can be said that the environmental issues themselves are not seemingly the problem. Moreover, it is the funding of the implementation that causes the problems. Environmental issues are being discovered and publicised weekly. If the nation were to consider only issues relating to the environment (which it seems the Green Party and other such organisation are aiming for), there would be no advancement in other fields. Therefore, the question of sustainable development is highlighted again. How much should a nation consider the state of the environment, when clearly it needs to concentrate on the economy? As everyone is aware, the government obtains most of its fu nding from taxes. If they were to continuously tax the nation, then no one would vote for them.Therefore, they have to bind their policies with one another and establish a sustainable method in which to provide both for the present, and the growing nation. Consequently, on the whole, the implementation of policies and legislation appear to be having a generally good effect on the atmospheric pollution level in Britain. One question remains, however, and that is, for how long will the preventative principle prevail, and will be sufficient in curbing an environmental hazard?In essence, it appears as though sustainable development is the mainframe of environmental and political ideology, and that government policy, and legislative implementation is delivering a sound labour in the field of atmospheric pollution in maintaining sustainable development. After all, it must be remembered, that no organisation in this world is flawless in its methods, and with it come faults, as is evident with the topic of atmospheric pollution. On the whole, policy and legislation appear to be achieving the ever fervent goal of sustainability.