Figure 2.3 Cuyahoga River caught fire.
So, why is the Cuyahoga River fire a seminal event in the history of water pollution control in the United States? Because it was a catalyst for change in federal government's role in water pollution control. Although the federal government had powerful tools to control water pollution, for example, the River and Harbors Act of 1899 and the Water Quality Act of 1965. States and cities were left to fend for themselves. The flaming Cuyahoga became a figurehead for America's mounting environmental issues and sparked wide‐ranging reforms, including the passage of the Clean Water Act (CWA) (1972) and the creation of federal and state environmental protection agencies.
But the episode itself did not quite live up to its billing. It was not the first fire, or even the worst, on the Cuyahoga, which had lit up at least a dozen other times before. And industrial dumping was already improving by the time of the 1969 blaze. The reality is that the 1969 Cuyahoga fire was not a symbol of how bad conditions on the nation's rivers could become, but how bad they had once been. The 1969 fire was not the first time an industrial river in the United States had caught on fire, but the last. The event helped to spur the environmental movement in the United States (Adler 2003).
2.6.1.8 The Great Smog of London
Great Smog of 1952 was a severe air‐pollution event that affected the British capital of London in early December 1952. A period of cold weather, combined with an anticyclone and windless conditions, collected airborne pollutants – mostly arising from the use of coal – to form a thick layer of smog over the city. It lasted from Friday, 5 December to Tuesday, 9 December 1952 and then dispersed quickly when the weather changed.
Figure 2.4 Nelson Tower showing the poor visibility.
Figure 2.5 Source of pollution from Battersea Coal Power Plant, London.
It caused major disruption by reducing visibility and even penetrating indoor areas, far more severe than previous smog events experienced in the past, called “pea‐soupers.” Government medical reports in the following weeks, however, estimated that up until 8 December, 4 000 people had died as a direct result of the smog and 100 000 more were made ill by the smog's effects on the human respiratory tract. More recent research suggests that the total number of fatalities was considerably greater, about 12 000 (Figures 2.4 and 2.5) (The Great Smog of 1952 2014).
The Prime Minister at that time, Winston Churchill, was adamant that it would pass, simply dismissing it as a “weather event.” London had suffered since the thirteenth century from poor air quality (Brimblecombe 1976), which worsened in the 1600s (The Observer 2002), but the Great Smog is known to be the worst air‐pollution event in the history of the United Kingdom, and the most significant in terms of its effect on environmental research, government regulation, and public awareness of the relationship between air quality and health (Bell et al. 2004; The Observer 2002). It led to several changes in practices and regulations, including the Clean Air Act 1956.
2.7 Environmental Law
Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common, and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category but are nonetheless important components of environmental law.
In many parts of Eastern Europe, the former Soviet Union, and the developing countries, in Asia, Africa, and South America, pollution conditions persist today. Global and regional environmental issues are increasingly the subject of international law. The acronym ISO stands for International Organization for Standardization. It is a worldwide program that was founded in 1947 to promote the development of international manufacturing, trade, and communication standards. ISP membership includes over 100 countries.
2.7.1 History of Environmental Law
Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pig sties, (Aldred's Case 1610), strict liability against dumping rubbish (R v. Stephens 1866), or damage from exploding dams (Rylands v. Fletcher, 1868). Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the “Great Stink of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to “clean up,” but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system. London also suffered from terrible air pollution, and this culminated in the “Great Smog” of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and business (particularly burning coal) while an inspectorate would enforce compliance.
Notwithstanding early analogs, the concept of “environmental law” as a separate and distinct body of law is a twentieth‐century development (Lazarus 2006). The recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, the development of those structures into a larger body of “environmental law,” and the strong influence of environmental law on natural resource laws did not occur until about the 1960s. At that time, numerous influences – including a growing awareness of the unity and fragility of the biosphere; increased public concern over the impact of industrial activity on natural resources and human health; the increasing strength of the regulatory state; and more broadly the advent and success of environmentalism as a political movement –coalesced to produce a huge new body of law in a relatively short period of time. While the modern history of environmental law is one of continuing controversy, by the end of the twentieth century environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, and the larger project of international law.
2.8 Pollution Control Laws
2.8.1 Air Quality Law
Industrial air pollution, now regulated by air quality law:
Air quality laws govern the emission of air pollutants into the atmosphere. A specialized subset of air quality laws regulate the quality of air inside buildings. Air quality laws are often designed specifically to protect human health by limiting or eliminating airborne pollutant concentrations. Other initiatives are designed to address broader ecological problems, such as limitations on chemicals that affect the ozone layer, and emissions trading programs to address acid rain or climate change. Regulatory