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TRANSBOUNDARY AIR POLLUTION AND THE LEGAL FRAMEWORK AT
INTERNATIONAL AND NATIONAL LEVEL WITH RESPECT TO ACID RAIN
Apoorva Roy* & Aparajita Gaikwad**
ABSTRACT
Acid rain is a part of pollution caused by air pollution and the effect is seen across border. Air
is one of the most important elements for life, thus awareness is needed at every level ranging
from international to national and also at local levels. Acid rain is caused because sulphur
dioxide and nitrogen oxides (from automobile exhausts and industrial emissions) are washed
out from the atmosphere by rain as weak sulphuric and nitric acid. These can be calculated as
Particulate Matter which measures the level of pollution in atmosphere. There are various
conventions and at state level, various laws have been made for prevention of acid rain. But
we still need more measures to protect and prevent life, i.e., air. The only way to fight acid rain
is by curbing the release of pollutants that cause it which means burning fewer fossil fuels.
Many governments have tried to curb emissions by cleaning up industry smokestacks and
promoting alternative fuel sources. Acid rain affects land and reduces its fertility, affects
chlorophyll of plant and results in reduction of life of plant. When this acid rain falls on sea or
ocean, due to various reactions, the marine ecosystem gets affected, thereby affecting the
marine animals.
Keywords: Acid rain, Particulate Matter, Sulphur Dioxide.
INTRODUCTION
- Earth, Air, Space, Water and Fire
(Energy) are interconnected, interdependent and form the we
According to one
indigenous theory established in the Upanishads, the universe consists of five basic elements
viz., earth or land, water, light or lustre, air and ether. The scenery has maintained a status of
balance between and among these constituents or elements and living creatures.1 In the dicta
for prevention of pollution in Manusmriti, we can get the reflection of ecological awareness:
* Apoorva Roy, Research Scholar, National University of Study and Research in Law, Ranchi.
** Aparajita Gaikwad, LL.M., Hidayatullah National Law University, Raipur.
1
F.MAX MULLER, THE SACRED BOOKS OF THE EAST (1988).
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2
Earth, Water,
Air and Fire are the generally known and often quoted as ancient elements of nature, within
and through which life (including humanity) has prevailed and evolved. Air (also sometimes
called Wind) is often seen as a universal power or pure substance. Its fundamental importance
to life can be seen in words such as aspire, inspire, perspire and spirit, all derived from the
Latin spirare.
Even the earliest human civilizations realized the importance and significance of water as they
settled near a water body. Water was needed not only for personal use such as cooking,
maintaining personal cleanliness and hygiene and irrigation of crops, but also it was a major
touch (sheetam), has minerals and other useful elements (shivam) and is clean (suchihi), is
transparent (istham) and its acid base not exceed the basic limits (vimalam lahu shadgunam). 3
In the contemporary time, Delhi Pollution Control Committee's (DPCC) real-time readings
were indicative of the increasing levels of pollution as a hazardous mix of noxious gases. It
stated that respirable pollutants hang very close to the surface due to low temperature and nearstagnant wind movement with the rise in the numbers of crackers going off. People have been
advised not to go outdoors when air quality turns 'severe'. Such poor air quality is said to have
an adverse effect, especially on elders and children and those having heart or lung diseases. 4
The World Health Organization (WHO) labelled Delhi as the most polluted city in the world,
surpassing long-time competitor Beijing. The particulate matter that is most lethal for humans
to breathe in large quantities, PM 2.5, is found in higher concentrations in Delhi than the
Chinese capital, according to Greenpeace. According to a 1983 article in the Journal Science,
5
2
Sayan Bhattacharya, Forest and biodiversity conservation in ancient Indian culture: A review based on old
texts and archaeological evidences, 30 International Letters of Social and Humanistic Sciences Online 35-46
(2014).
3
Ms. Rajani Rao U, Environmental Awareness in Ancient India, 2(1) International Journal of Life Sciences
Research 1-7 (2014).
4
Fe Online,
morning, THE FINANCIAL EXPRESS, http://www.financialexpress.com/photos/businessgallery/434412/delhi-pollution-levels-diwali-2016-smog-air-quality-india-gate-ncr-latest-images/5/ (Nov. 18,
2016).
5
Spengler & Sexton, Indoor Air Pollution: A Public Health Perspective Science, 2(11) The Environmental
Consequences Of Pollution In Ado-Ekiti, Nigeria 9-17 (1983).
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Every day, air pollution causes respiratory and cardiovascular diseases. It also damages
vulnerable ecosystems and biodiversity and leads to a decrease in agricultural crop and
commercial forest yields. A new WHO air quality model confirms that 92% of the wo
population lives in places where air quality levels exceed WHO limits. 6 Air Pollution, unlike
knows no sovereign
boundaries or geographical limits. It is therefore paramount that we take action together cross
sectors and national boundaries. Acid rain is a part of transboundary air pollution and is,
generally, defined as harmful rain, snow or other precipitation that has become dirty and
polluted (and thus dangerous to the Earth) with chemicals due to pollution.
Rain acquires additional acidity through the reaction of air pollutants (primarily oxides of
sulphur and nitrogen) with water in the air, to form strong acids (such as sulphuric acid and
nitric acid). The main sources of these pollutants are emissions from vehicles, industrial plants,
and power-generating plants causing transboundary pollution.
ACID RAIN: MEANING AND CAUSES
Acid rain was discovered in 19th century by Robert Angus Smith, a pharmacist from
Manchester (England), who measured high levels of acidity in rain falling over industrial
regions of England and contrasted them to much lower levels he observed in less polluted areas
near the coast. Little attention was paid to his work until the 1950s when biologists noticed an
alarming decline of fish populations in the lakes of southern Norway and traced the problem to
acid rain. Similar findings were made in 1960s in North America (the Adirondacks, Ontario,
Quebec). These findings spurred intense research to understand the origin of acid rain
phenomenon.7
Acid rain is rain consisting of water droplets that are unusually acidic because of atmospheric
pollution, most notably the excessive amounts of sulphur and nitrogen, along with deposition
of other acid components, released by cars and industrial processes. Acid rain is also called
acid deposition because this term includes other forms of acidic precipitation such as snow.
Rain acquires additional acidity through the reaction of air pollutants (primarily oxides of
6
Nada Osseiran, WHO Department of Public Health, Environmental and Social Determinants of Health,
http://www.who.int/mediacentre/news/releases/2016/air-pollution-estimates/en/ (Nov.18, 2016).
7
Acid Rain, http://acmg.seas.harvard.edu/people/faculty/djj/book/bookchap13.html (last visited on Apr. 5 ,
2016).
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sulphur and nitrogen) with water in the air to form strong acids (such as sulphuric acid and
nitric acid). The primary sources of these pollutants are emissions from vehicles, industrial
plants and power-generating plants.
Most rainfall is generally slightly acidic due to the formation of carbonic acid from carbon
washed out from the atmosphere by rain as weak sulphuric and nitric acid. Acid rain can cause
serious damage to crops and leaches calcium ions from soil and plant leaves causing an ionic
imbalance.
e sulphur
dioxide and nitrogen oxide when drained by the breezy wind far away from their source into
areas where the weather is wet, the acids can precipitate in the form of rain, snow, fog or mist.
In areas where the weather is dry, the acid chemicals may incorporate into dusts or smokes.
Acid rain can tremendously damage environment, human health and property.
Causes of Acid Rain
Acid deposition is mainly caused by the release of sulphur dioxide and nitrogen oxide during
fossil fuel combustion. It can even occur via natural sources like volcanoes. When these
pollutants are discharged, they react with water, oxygen and other gases already present in the
atmosphere to form sulphuric acid, ammonium nitrate and nitric acid. These acids then disperse
over large areas because of wind patterns and fall back to the ground as acid rain or other forms
of precipitation.8
Acid rain became a matter of concern during the Industrial Revolution in 1852 when it was
first discovered by a Scottish chemist, Robert Angus Smith. He ascertained the relationship
between acid rain and atmospheric pollution in Manchester, England. It could not seek
Large quantity of acid rain has detrimental consequences on wildlife, forests, soils, freshwater
and buildings. It acidifies soil and water where it falls, slaying plants and animals. Surface
water acidification leads to a decline in and loss of aquatic species. Acid rain affects trees,
8
Puja Mondal, Essay on Acid Rain: Definition, Causes, Adverse Effects and Control,
http://www.yourarticlelibrary.com/essay/essay-on-acid-rain-definition-causes-adverse-effects-andcontrol/30204/ (last visited on Apr. 12, 2016).
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usually by dissolving the nutrients essential to them and damaging their leaves. Certain types
of building stone can also be dissolved in acid rain.
Acid rain also damages forests, especially those at higher elevations. It robs the soil of essential
nutrients and releases aluminium in the soil, which makes it hard for trees to absorb water.
Trees' leaves and needles are also harmed by acids. Excess of nitrogen may cause
eutrophication in areas where rivers enter the ocean instigating the unwanted growth of algae
and other nuisance plants. As much as 40% of the total nitrogen entering coastal bays on the
Atlantic and Gulf Coasts may come from atmospheric deposition. The effects of acid rain,
combined with other environmental stressors, diminishes the ability of trees and plants to
persist cold temperatures, insects and disease. The pollutants may also inhibit the ability of
trees to reproduce. Some soils neutralize acids better than others. In areas where the soil's
ch greater.
INTERNATIONAL LEGAL FRAMEWORK FOR TRANSBOUNDARY ACID RAIN
CONTROL
Air pollution may be due to activities performed in a confined space. However, it has an
unparalleled impact which necessitates for introducing measures at local, regional, national and
international level. As the pollutant can be carried by wind for thousands of kilometre, the acid
rain pollutant emitted by one country can be deposited in other country and thus it has become
an international problem. Sweden and Norway, for example, both receive more than 90% of
their sulphur pollution from abroad.9
This issue is highlighted by the fact that emission of a particular pollutant from one country is
inequivalent to its deposition in the same country. Some countries emit small quantity of
pollutants yet deposition can be several times greater. Other countries emit more pollutants
than is deposited in their country because of prevailing wind directions. It is a well-recognized
scientific fact that air pollutants spread easily across borders. In the 1970s, a transboundary air
pollution event triggered severe acidification in ecosystems in Europe, which led to the
conclusion of Convention on Long-Range Trans-boundary Air Pollution (LRTAP) and some
accompanying protocols by 50 nations and the European Union (EU).10
9
Acid Rain, https://www3.epa.gov/acidrain/effects/surface_water.html (last visited on Apr. 12, 2016).
Nobuhiro Tanabe, Transboundary Air Pollution from China: Possibilities for Cooperation with Japan,
JAPAN FOR SUSTAINABILITY, http://www.japanfs.org/en/news/archives/news_id034262.html (last visited
on Nov. 5, 2016).
10
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The concern about environment was evident in year 1972 when for the first time, a convention
was held for environment and human. In year 1992, Rio Declaration i.e. United Nations
Conference on Environment and Development (UNCED), informally known as the Earth
Summit, was held for sustainable human settlement development, the outcome being binding
and non- binding treaties which were for precautionary principle 11 of environment and its
sustainable use as the adverse effect of human activities were a threat to environment and
natural resources.
The Convention on Long-Range Transboundary Air Pollution was the first international legally
binding instrument to deal with problems of air pollution on a broad regional basis. It was
signed in 1979 and enforced in 1983. It has since been extended by eight specific protocols.
The Convention is one of the central means for protecting environment. It has substantially
contributed to the development of international environmental law and has created the essential
framework for controlling and reducing the damage to human health and the environment
caused by transboundary air pollution.12 It is a successful example of what can be achieved
through intergovernmental cooperation.
The United Nations Economic Commission for Europe (UNECE) implemented the Convention
on Long-Range Transboundary Pollution. In 1985, most UNECE members adopted the
Protocol on the Reduction of Sulphur Emissions, agreeing to reduce sulphur dioxide emissions
by 30% (from 1980 levels) by 1993. This was called the 30% club. All of the countries that
signed the Protocol achieved this reduction, and many of those that did not sign, have met these
reductions.13
In June 1994, a number of European countries signed the Second Protocol for sulphur. Most of
the western European countries agreed to reduce sulphur emissions by 70% to 80% by 2000
(against 1980 levels) whilst eastern European countries generally had a lower target of 40% to
50% (against 1980 levels).
The Sofia Protocol for reducing nitrogen oxide emissions was adopted in 1988. This required
that all countries that signed the Protocol to stabilise emissions of nitrogen oxide (against 1987
11
United Nations Environment Programme, Rio Declaration on Environment and Development,
http://www.unep.org/documents.multilingual/default.asp?documentid=78&articleid=1163 (last visited on Apr.
17, 2016).
12
UNECE, The Convention, The 1979 Geneva Convention on Long-range Transboundary Air Pollution,
http://www.unece.org/env/lrtap/lrtap_h1.html (last visited on Apr. 17, 2016).
13
Philippe Sands, Principles of International Environmntal Law, Cambridge University Press (2003).
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levels), although some countries committed themselves to 30% reductions by 1998 (against
levels of any year between 1980 and 1986). However, many of these countries are unlikely to
meet these targets, due to increases in road traffic, despite European Union legislation requiring
cars built after 1993 to be fitted with a catalytic converter. 14
In 1988, a Directive was introduced for European Community (EC) countries which required
power stations to reduce emissions of sulphur dioxide and nitrogen oxides. For United
Kingdom, reductions of sulphur dioxide by 60% by 2003 and nitrogen oxides by 30% by 1998
(against 1980 levels) was set. United Kingdom is well on course to exceed both targets through
new gas-fired power stations (which have lower emissions) replacing coal fired power stations
and flue gas desulphurisation equipment fitted to some of the existing coal-fired power stations.
The most recent United Nations Economic Commission for Europe Convention on Long Range
Transboundary Air Pollution protocol was signed by 27 countries in December 1999. The
Gothenburg Protocol designed to abate Acidification, Eutrophication and Ground-level Ozone
aims to cut emissions of four pollutants: sulphur dioxide (SO2), nitrogen oxides (NO2), volatile
organic compounds (VOCs), and ammonia (NH3), by setting country by country emission
ceilings to be achieved by the year 2010.15
NATIONAL EFFORTS TO RESOLVE PROBLEM OF ACID RAIN: THE LEGAL
FRAMEWORK
In a developing nation like India, the cost of development against environment protection is
very low. There is a gradual increase in pollution and depletion of natural resources. Thus, the
problem of pollution is increasing at a multiplying rate. Air pollution is one of the most
concerned aspects of pollution because it is not confined to boundaries.
Constitutional and Legislative Measures: The Constitution of India and Environment
There is no direct provision in Constitution with respect to acid rain, though we have provision
for environment protection as a whole which comprises protection of every component of
environment, including acid rain. To protect and improve the environment is a constitutional
mandate. It is the commitment for a country wedded to the ideas of a welfare State.16 The Indian
constitution contains specific provisions for environmental protection under the chapters of
14
Paula M. Pevato, International Environmental Law, Dartmouth Publishing Company (2003).
Ibid.
16
S.C. SHASTRI, ENVIRONMENTAL LAW (2012).
15
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Directive Principles of the State Policy and Fundamental Duties. The absence of any specific
provision in the Constitution recognising the fundamental right to (clean and wholesome)
environment has been set off by judicial activism in the recent times.17
Article 48A
ect and improve the environment and to safeguard the forests
A similar responsibility has been imposed upon on every citizen in the form of a Fundamental
Duty.
Article 51(A) (g)
including forest, lakes, rivers and wildlife,
The amendments introduced certain changes in the Seventh Schedule of the Constitution.
This shows the
concern of Indian parliamentarian to give priority to environment protection by integrating it
in the national agenda. Although unenforceable by court, the Directive Principles are
increasingly being cited by judges as complementary to fundamental rights. In several
environmental cases, the courts have been guided by the language of Article 48A and
environment.
Article 246
Article 246 of the Constitution divides the subject areas of legislation between the Union and
the States. The Union List (List I) includes defence, foreign affairs, atomic energy, intestate
transportation, shipping, air trafficking, oilfields, mines and inter-state rivers. The State List
(List II) includes public health and sanitation, agriculture, water supplies, irrigation and
drainage, fisheries. The Concurrent list (List III), under which both State and the Union can
legislate, includes forests, protection of wildlife, mines and minerals and development not
covered in the Union List, population control and factories. From an environmental standpoint,
17
P. LEELAKRISHNAN, ENVIRONMENTAL LAW IN INDIA (2010).
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the allocation of legislative authority is an important one
some environmental problem such
as sanitation and waste disposal, are best tackled at the local level; others, like water pollution
and wildlife protection, are better regulated by uniform national laws.
Article 253
international obligations as well as any decision made at an international conference,
association or other body.
be introduced in the concurrent list to enable the centre to legislate on environmental subjects,
as there is no direct entry in the 7th Seventh Schedule that could enable the Parliament to enact
comprehensive environmental laws.
Article 14 and Article 19 (1) (g)
The right to equality may also be infringed by government decisions that have an impact on
the environment. An arbitrary action must essentially involve a negation of equality, thus urban
environmental groups often resort to Article14 to quash arbitrary municipal permission for
construction that are contrary to development regulations.
Article 21 (Right to Wholesome Environment)
DIRECT PROVISION OF ACID RAIN
Air Act, 1981
To provide legislative support for prevention and control of air pollution and to check the
emission of air pollutants, the Government of India enacted a central legislation called the Air
(Prevention and Control of Pollution) Act, 1981 referred to as Air Act, 1981. The Act aims at
prevention, control and reduction of air pollution.18 Besides, Environmental (Protection) Act,
1986 also covers some aspects of air pollution.
18
P.S. JASWAL AND JASWAL NISHTA, ENVIRONMENTAL LAW (2009).
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The Air (Prevention and Control of Pollution) Act of 1981 and Amendment, 1987
To implant the decisions taken at the United Nations Conference on the Human Environment
held at Stockholm in June 1972, Parliament enacted a nationwide Air Act. The main objectives
of this Act are to improve the quality of air and to prevent, control and abate air pollution in
the nation. Important provisions of this Act are given below:
1. The Air Act framework is similar to the one created by its predecessor, the Water Act of
1974. To enable an integrated approach to environmental problems, the Air Act expanded the
authority of the central and state boards established under the Water Act, to include air pollution
control.
2. States not having water pollution boards were required to set up air pollution boards.
3. Under the Act, all industries operating within designated air pollution control areas must
obtain permit from the State Boards. The States are required to prescribe emission standards
for industry and automobiles after consulting the Central Board.
4. The Act granted power to the board to ensure compliance including the power of entry for
examination, testing of equipment and taking the sample for the purpose of analysing emissions
from chimney, fly ash or dust or any other outlet in such manner as may be prescribed.
5. Prior to its amendment in 1987, the Air Act was enforced through mild court-administered
penalties on violations.19 The 1987 Amendment strengthened the enforcement machinery and
introduced inflexible penalties. A Board may also apply to the court to restrain emissions that
exceed prescribed limits. Notably, the 1987 Amendment introduc
into the Air Act and extended the Act to include Noise Pollution.
Critical Appraisal of the Air Act
The productive economic activities still dominate the minds of the Judges and pollution control
authorities. Thus, the new pro
of magistrates, or an increased level of penalties have not yet made their impact on the persons
infringing the laws curbing air pollution. However, in recent judgments, the Apex Court has
directed various industries in Delhi and West Bengal to move away to another location outside
19
S. SHANTHAKUMAR, INTRODUCTION TO ENVIRONMENTAL LAW (2014).
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the city as they were causing air and water pollution extensively. Though the Air Act is
comprehensive in its contents relating to prevention and control of air pollution from industrial
pollutants, its scope continues to be narrow even after major amendments in 1987. For instance,
emitted by some industries (for example breweries and leather industries) are not covered under
the Act in Animal Feeds.
The constitution of Boards under the Act is not free from drawbacks. The prevention and
control of air pollution has been given as an additional duty to the Water Pollution Boards. This
underrates the importance of control of air pollution as there remains a tendency to attach
greater importance and devotion to primary function. Further, the Air Act like the Water Act
does not provide for an integrated approach to check pollution as the local and municipal bodies
which are armed with statutory powers for ensuring environmental purity have not been
integrated into the national and State level enforcement machinery.
The Air Act grants discretion to each State Government to desig
permit system are to be applicable.
The implementation of the Act has to be improved upon. Rules have been framed under the
Air Act, 1981, viz. The Air (Prevention and Control of Pollution) Rules, 1982. The rules
provide for the procedure for transaction of business of the Board and its committees;
temporary association of persons with the Central Board; budget, account and annual report of
the Central Board. Rules in other areas are needed to be framed so as to overcome the subjective
satisfaction of the Board. Thus, the Air Act is a good piece of legislation and has shown the
right path to be pursued in the direction of prevention and control of air pollution. Nevertheless,
the Act requires some effective amendments. Thus for Acid Rain, there is no separate law but
the provisions within Air Pollution and Control Act which provides for precautionary measures
for controlling air pollution and checks the substances which cause acid rain.
COMPARISON OF LEGAL FRAMEWORK OF INDIA WITH UNITED STATES OF
AMERICA AND CANADA
Global warming is an outcome of the rise in the level of greenhouse gases, which is also a
reason for acid rain. The effect of acid rain is visible across the borders. Thus, they are required
to be dealt by every nation and it is the duty of every nation to check the emission of these
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gases. The legal framework has been analysed with respect to three nations i.e. United States
of America, Canada and India.
Statutes Dealing with Acid Rain in United States of America
The Clean Air Act most significantly regulates air quality in United States. It has been a driving
force behind changes in emission standards in the auto, airline and utility industries.
Codified as 42 U.S.C. 7401 et seq., the Clean Air Act seeks to protect human health and the
environment from emissions. It requires the Environmental Protection Agency (EPA) to
establish minimum national standards for air quality, and assigns primary responsibility to the
states to assure compliance with the standards. Areas not meeting the standards, referred to as
non-attainment areas, are required to implement specified air pollution control measures. The
Act establishes federal standards for mobile sources of air pollution and their fuels, for the
sources of 188 hazardous air pollutants and for the emissions that cause acid rain. It establishes
a comprehensive permit system for all major sources of air pollution. It addresses pollution
prevention in areas with clean air and protection of the stratospheric ozone layer.
Amendments in Clean Air Act
The federal role was strengthened in subsequent amendments, notably the Clean Air Act
amendments of 1970, 1977, and 1990. The 1970 amendment established procedures under
which Environmental Protection Agency set national standards for air quality, required a 90%
reduction in emissions from new automobiles by 1975, established a program to require the
best available control technology at major new sources of air pollution, established a program
to regulate air toxics, and greatly strengthened federal enforcement authority. The Clean Air
Act of 1970 also encompasses multiple levels of research funding and detailed control
requirements that the federal government prescribes as regulation, and state governments apply
and administer.20
Acid Precipitation Act of 1980, United States of America
The Acid Precipitation Act was passed by the United States Congress in 1980 in response to
transboundary acid rain that was causing environmental damage to lakes and forests. Acid rain
20
Robyn Kenney and Alexander Gastman, Clean Air Act, United States,
http://www.eoearth.org/view/article/151129/ on (last visited on Apr. 21, 2016).
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was viewed as a local problem until Canada brought forward evidence depicting that pollutants
originating in United States were harming Canadian lakes and forests. The bill states the
objectives of the Act as being:
1. To identify the causes and sources of acid precipitation;
2. To evaluate the environmental, social, and economic effects of acid precipitation; and
3. Based on the results of the research program established by this sub-chapter and to the extent
consistent with existing law, to take action to the extent necessary and practicable (A) to limit
or eliminate the identified emissions which are sources of acid precipitation, and (B) to remedy
or otherwise ameliorate the harmful effects which may result from acid precipitation.
The Act provided a broad scope of activities for National Acid Precipitation Assessment
Program to undertake, including:
1. Identifying the sources of atmospheric emissions contributing to acid precipitation;
2. Establishing and operating a nationwide long-term monitoring network to detect and
measure levels of acid precipitation;
3. Research in atmospheric physics and chemistry;
4. Economic assessments of the impacts of acid precipitation, and alternative technologies to
remedy or otherwise ameliorate impacts;
5. Documenting and coordinating Federal research on acid precipitation;
6. Formulating periodic recommendations to the Congress and the appropriate agencies about
how to alleviate acid precipitation and its effects.
As directed by the Act, National Acid Precipitation Assessment Program issued its first Annual
Report to the President and Congress in January 1982 describing research progress and the
current state of knowledge about acid precipitation and its implications. National Acid
Precipitation Assessment Program was operated through the office of the Administrator of the
National Oceanic and Atmospheric Administration.21
21
Peter Saundry and Robyn Kenney, Acid Precipitation Act of 1980, United States,
http://www.eoearth.org/topics/view/ (last visited on Apr. 21, 2016).
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Legal Statute in Canada
Environment Canada administers over a dozen Acts of Parliament, either in whole or in part,
and is responsible for meeting numerous obligations spelled out in legislation. Under its various
acts, the Department works to address and report on a wide range of complex environmental
issues, including:
1. Monitoring air and water quality and emissions of greenhouse gases
2. Controlling the level of toxic substances in commercial products
3. Forecasting meteorological patterns and reporting on weather conditions
4. Permitting and, when necessary, preventing international trade in hazardous waste,
hazardous recyclable materials and endangered species
The most important act which deals with the environment protection and prevention of
pollution in the State is Canadian Environmental Protection Act, 1999. It can be termed as a
parent act for control and prevention of pollution in Canada.
It must be noted that some of the substances classified as air pollutants are naturally occurring
substances, and they originate from sources such as coniferous forests, forest fires, soil erosion,
volcanoes, dust storms, and sea spray. Life, as we know, may not have been possible without
the presence of these substances on Earth. However, the addition of air pollutants from human
sources significantly impact Earth's natural life processes.
Future Action
We can most effectively reduce pollutants that are emitted in the atmosphere as a consequence
of human behaviours and activities. Canadian governments, along with industry, nongovernment organizations and individuals, are taking action and doing their part to reduce
emission of harmful air pollutants from human sources. The challenge is to balance the want
of Canadians for transport, energy, and goods with the need to accomplish environmental
protection goals.
Significant advancements have been made through the Government's 10-year Clean Air
Agenda. In addition, the federal government requires the industrial sources of pollution to
prepare Pollution Prevention (P2) plans which outline ways to modify production processes,
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reformulate and redesign products, introduce substitute materials, improve management and
training, install new and cleaner technologies and increase energy conservation.
Many companies within industries such as petroleum and fossil-fuel based electricity
generation, have shifted their portfolio to embrace a broader range of energy sources (e.g. solar,
wind, water, earth, biomass and waste) to participate in the rapid growth of renewable energy
and renewable low-impact electricity industries. Their efforts recognize and facilitate the many
environmental, economic and employment opportunities offered by renewable energy sources.
The expected outcome is that renewable energy will be able to meet a greater share of our
energy needs.
While large scale acceptance of compensatory liability deems to be relegated to the future, the
more passive duties of consultation and prevention are becoming established rules of
customary law. In the final analysis, primary rules of obligation within the Report on
International Liability neither restrict nor expand state sovereignty, but instead modify the
concept at its outer fringes, where one body of sovereign rights impinges on another. The true
freedom of each national community depends on preserving a balance between over-restriction
of beneficial activities which might have harmful transboundary consequences and overexposure to such consequences when produced within other States. This exchange of
restrictions on conduct for rights to protection will bring about a greater degree of
interdependence between countries.22
CONCLUSION AND SUGGESTIONS
In ancient times, there was a systematic understanding of the prominent role for the existence
and sustenance on Earth. For example, the performance of Yajna based upon the nature is a
gratitude to all the living beings and therefore, there is a reciprocal principle of give and take
which forms a part of the Yajna cycle. Thus, according to the reciprocal principle of give and
take, the Yajna rituals were performed. There was also a scientific importance of Yajna
performance as the mixture of ghee, firewood and specific dried herbs that was added while
22
International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States
And Canada, Georgia Journal of International & Comparative Law,
http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1841&context=gjicl (last visited on Apr. 21,
2016).
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performing Yajnas, i.e., it contributed in clearing pollution from the atmospheric region by
making the air clean and perfumed which is appropriate for all living creatures to breathe.23
Climate change and greenhouse gas emission are the major cause of acid rain which affect
every form of life ranging from as tiny as single celled micro-organism to enormous sized
plants, animals and humans. Consequently, various conventions held for environment, have
emphasized on development by judicious and sustainable application of resources. Strict
liability should be imposed upon the states emitting those pollutants which are a major reason
of acid rain.
improves, health costs from air pollution related diseases shrink, worker
productivity expands and life expectancy grows. Reducing air pollution also brings an added
24
The most efficient technique to fight acid rain is by curbing the release of pollutants. Many
governments have tried to curb emissions by cleaning up industry smokestacks and promoting
alternative fuel sources. Acid rain affects land thereby reducing its fertility, affects chlorophyll
of plant thereby reducing its life and affects sea and ocean which in turn impact the marine
ecosystem. The affected states like United States of America, Canada and India have made
provisions for protection from pollution, but there are more steps needed to be taken by every
be practiced at every level, from local to national. From regional to international awareness
and public participation is another important aspect of conservation of environment as
individuals can also help prevent acid rain by conserving energy. The less electricity people
use in their homes, the fewer chemicals power plants will emit. Vehicles are also major fossil
fuel users, so drivers can reduce emissions by using public transportation, carpooling, biking,
or simply walking wherever possible.25
greed and urge to have more and more, giving rise to the exploitation of environment and its
natural resources. The set of ethical and moral values which paved respect to nature are no
23
Jaimini Sarkar, Indian Science through the Ages, Scientific Reporter 8-14 (2014).
John Vidal, Air pollution rising at an 'alarming rate' in world's cities, THE GUARDIAN,
https://www.theguardian.com/environment/2016/may/12/air-pollution-rising-at-an-alarming-rate-in-worldscities (Nov. 16, 2016).
25
National Geographic, Acid Rain Effects Felt Through the Food Chain,
http://environment.nationalgeographic.com/environment/global-warming/acid-rain-overview/ (Nov. 7, 2016).
24
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longer deemed important. In the present scenario, globalization has changed the very nature
and quality of the environment. Hence, it is the utmost need of the hour to make younger
generations aware of those phenomena in order to ensure a pollution free and healthy
atmosphere to live in.
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