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Congratulations to Madeleine Truffy to winning our first-ever essay competition! The essay question was "How effective is the UK Environmental Protection Act in addressing climate justice, and what reforms could improve its ability to tackle environmental harm and ensure fair treatment for vulnerable communities?".
Madeleine's response was very well structured and gave insightful details on every aspect of the question. Congratulations again! We've included her essay below and highly recommend that our readers take a moment to read it.
Protecting People, Not Just the Planet: Redefining the UK’s Environmental Future
Climate change is not just an environmental crisis but also a human one. Much of the focus has been on reducing emissions and mitigating global warming, with the voices of those most affected unfortunately often going unheard. The UK’s Environmental Protection Act (EPA) of 1990 marked progress in reducing industrial pollution and improving air quality in many areas, yet it has failed to address the disproportionate toll environmental damage takes on low-income, ethnically diverse, and isolated populations. Those vulnerable communities are hit hardest by pollution and climate change, often with few resources or political power to fight back. For the UK to build a truly sustainable future, environmental policy must evolve to centre on equity and justice.
The EPA: A Great Start, but Gaps Remain
The EPA was a landmark achievement as it significantly reduced industrial emissions and improved public health in urban areas. By achieving a cleaner air, the UK reduced the number of respiratory illnesses by millions, but not evenly across the country as vulnerable groups continue to suffer disproportionately from environmental harm. A 2023 study by the UK Health Security Agency highlights that people living near industrial sites or busy roads—typically more affordable housing areas—are 40% more likely to develop respiratory illnesses than those in cleaner neighbourhoods. This shows that those with the fewest resources often pay the highest price for environmental damage. The EPA's narrow focus on emissions control overlooks broader systemic issues by failing to address economic inequality and the social factors that trap certain groups in polluted areas. Environmental policy must evolve to tackle these root causes of injustice.
Climate Justice: A Right, Not a Luxury
Climate justice is about fairness as it holds those responsible for environmental harm accountable and recognises that vulnerable communities need protection and support. Yet, the UK’s current environmental laws fail to deliver on these principles.
The United Nations has long emphasised the importance of climate justice through its Sustainable Development Goal 13. It calls for urgent action on climate change while ensuring that marginalised groups are not left behind. The first step is recognising the right to a healthy environment as a legal right. This reform would empower individuals by giving them a voice to challenge environmental harm in court. It would hold polluters and policymakers accountable and ensure that environmental protection is a fundamental right, not a privilege. Countries like France and New Zealand have already enshrined this right in law. Their citizens can challenge harmful policies and take governments to court. The UK has the opportunity to follow suit and mark a shift in how the country approaches climate and social justice.
Reforming the EPA: A Fairer Future Possible
While legal recognition of environmental rights is crucial, it must be paired with practical reforms to ensure vulnerable communities are no longer left behind. Factories, roads, and industrial sites are frequently built in areas with high poverty and existing environmental burdens. This pattern exacerbates inequalities and worsens health outcomes.
Before approving new projects, developers should be required to assess their impact on local communities. This goes beyond traditional environmental reviews that are still very necessary. It involves considering how projects will affect public health and whether they will deepen existing inequalities. For instance, a factory planned in a heavily polluted area might significantly increase respiratory illnesses. Such risks should be a deciding factor in whether the project moves forward. Protecting vulnerable communities must be as much a priority as protecting the environment.
Closely linked to this project would be the creation of an environmental justice tribunal. Many communities do not currently have the resources or access to challenge polluting industries. A specialised tribunal would be invaluable in this regard, facilitating the efficient handling of cases and amplifying the voices of victims. It would ensure their concerns are part of the legal process and taken into account.
The implementation of a comprehensive and effective compensation programme is also essential. At present, fines imposed on polluting industries often end up in government coffers and the benefits to affected communities are minimal. A polluter-pays programme would require companies responsible for environmental damage to reinvest directly in affected communities, allowing them to better recover from the damage they have suffered. This money could be used to fund health care for pollution-related illnesses, maintain local air quality monitoring equipment, or create green spaces to mitigate the effects of environmental damage.
Conclusion: Towards equity and sustainability
The EPA was a vital step forward, but it is no longer enough. Climate change and environmental damage are still battles we care deeply about, but they also affect people unevenly, with disadvantaged communities suffering the most.
The UK must recognise this injustice and act for the sake of the planet and its people. Reduced poverty and health-related costs could allow a better focus on environmental issues. The first step is enshrining the right to a healthy environment in law. Beyond this, new developments must consider their impact on vulnerable communities. An Environmental Justice Tribunal should be established to make legal challenges accessible. Finally, a polluter-pays system must ensure that those responsible for harm bear its costs. These reforms would not only address existing inequalities but also set a global example.
Today, the UK has the opportunity to lead once again by embedding climate justice into its environmental policies. It can demonstrate to the world that safeguarding the planet is inseparable from safeguarding its people, showing that true sustainability benefits both.
Bibliography:
Environmental Protection Act 1990 (UK).
UK Environmental Law Association, UKELA Briefing Paper on the Retained EU Law (Revocation and Reform) Act 2023 (November 2023).
Harriet Bulkeley and Gordon Walker, ‘Environmental Justice: A New Agenda for the UK’ (2005) 10 Local Environment 329.
United Nations Human Rights Council, The Human Right to a Clean, Healthy and Sustainable Environment: Resolution / Adopted by the Human Rights Council on 8 October 2021 (A/HRC/48/L.23/Rev.1, 5 October 2021).
Special Report: The Polluter Pays Principle: Inconsistent Application Across EU Environmental Policies and Actions (European Commission, EN 2021).
United Nations Environment Programme, Environmental Courts and Tribunals – 2021: A Guide for Policy Makers (UNEP, 5 July 2022).
UK Health Security Agency, Health Effects of Climate Change (HECC) in the UK: State of the Evidence 2023 (2023).
H Spencer Banzhaf, The Political Economy of Environmental Justice (Cambridge University Press, 2021).
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