MATHEMATICS, SCIENCE & TECHNOLOGY

CHAPTER TEST 9 - ENVIRONMENTAL LAWS

Direction: Direction: Answer the following questions on environmental laws (90

points)

1. Define Environmental Law (5 points)

 Environmental law is a foundation for environmental sustainability and the full
realization of its objectives is ever more urgent vis-à -vis growing environmental
pressures. Violations of environmental law undermine the achievement of all
dimensions of sustainable development and environmental sustainability.
Specifically, it is described as:
 a complex and interlocking body of statues, common laws, treaties,
conventions and regulations and policies;
 operate to regulate the interaction of humanity and the rest of the
biophysical or neutral environment
 purpose of reducing or minimizing the Impact of human activity, both on the
natural environment for its own sake and on humanity its self at

2. Compare the different five (5) International Environmental Principles (precautionary

principle, prevention principle, environmental damage, polluter pays principle integration
principle (10 points)

The European Union “ Environmental Principles” offer protection to our natural world. They act
as guidance for judges and decision-makers, giving laws shape and meaning. They are used in a
whole host of government and public authority decisions, including planning applications,
management of marine protected areas and dealing with contaminated land.
 The precautionary principle: Where there is uncertainty about the risk of environmental
harm, the precautionary principle allows protective measures to be taken without having to
wait until the harm materializes. This principle is valuable in managing risk where there is
uncertainty about the environmental impact of an issue.
 The prevention principle: This principle requires preventive measures be taken to anticipate
and avoid environmental damage before it happens. It is central to the UK’s planning
policy and underlies lots of environmental legislation.
 Environmental damage should be rectified at source: Working alongside the prevention
principle, this ensures damage or pollution is dealt with where it occurs. It operates in many
areas of UK environmental policy to priorities the way environmental damage is addressed.
 The polluter pays principle: As the name suggests this principle holds that the person who
causes pollution should bear the costs of the damage caused and any remedy required. It
plays a significant role in environmental management, acting as a deterrent and directing
accountability for harm.
 The integration principle: This principle requires that environmental protection is
integrated into all other policy areas, in line with promoting sustainable development. That is to
say all government departments have responsibilities to protect our environment.

3. Explain the role of international conventions, protocols and agreements which were
signed multilaterally or ratified by almost all of the 193 nations of the UN due to rising
global environmental problems as follows: (21 points)
a. Convention on International Trade in Endangered Species of Wild Flora &
Fauna (CITES),
b. Montreal Protocol. Basel Convention,
c. International Whaling Commission (IWC).
d. International Union for the Conservation of Nature (IUCN)
e. International Union for the Conservation of Nature (IUCN),
f. International Commission for the Conservation of Atlantic Tuna (ICCAT),
g. Kyoto Protocol

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 Convention on International Trade in Endangered Species of Wild Flora and Fauna
(CITES).
Twenty-one (21) states signed the CITES-Convention 1973 in Washington D.C. CITES aims
at controlling the trade in endangered species of wild flora and fauna by help of three annexes.
The trade of endangered species is only allowed when certificates have been issued by
competent authorities (e.g. for research, zoological gardens or in restricted amounts, so called
quotas). Currently 176 states have signed the convention.
 Montreal Protocol .In the 1970ies and 1980ies it became obvious that the natural ozone
layer was being depleted due to human use of chlorofluorocarbons (CFC). First theories on
the ozone-depletion were published 1974 in Nature.5 Some nations such as the United States
of America, Canada and Norway banned CFC as early as 1978.6 In 1985 the Montreal
Protocol was negotiated which was opened for signature on 16 September 1987.7 46 nations
signed the protocol and it was ratified by 197 states.

 Basel Convention. In the 1980ies the nations understood that international trade in wastes
for disposal was becoming more and more intensive and harmful for the developing
countries. Wastes were shipped in poorer countries and workers (often children) were
extracting valuable materials (e.g. rare metals such as silver). In 1989 the Basel Convention
was opened for signature and it entered into force on 5 May 1992. Currently 179 states have
signed the convention.9 The trade in wastes is not allowed for disposal and only for recycling
when this treatment is allowed by the importing state. All shipments must be accompanied by
papers and permits issued by competent authorities.

 International Whaling Commission (IWC). Peak sperm whale oil was reached in 1840s
already – the resource of whale oil has not been managed sustainable in the 17th and 18th
Century. therefore, many whale populations were at the brink of extinction. Heavy hunting on
different whale species was still done in the 20th Century up to the 1960s and 1970s. The
International Convention for the Regulation of Whaling (ICRW) was signed by 15 nations on
December 2nd 1946 in Washington D.C.10 Currently 89 nations are members of the
convention.11 As the ICRW states the aim is to “regulate” whaling.

 International Union for the Conservation of Nature (IUCN). The International Union for
the Conservation of Nature (IUCN) was founded in October 1948 and it is an international
organization that is dedicated to “finding pragmatic solutions to our most pressing
environmental and developmental challenges”. 12 The IUCN is the world’s “oldest and largest
environmental organization”. 13 The most important contribution of the IUCN is the
compilation of the yearly red lists of wildlife (of wild flora and fauna that is endangered of
extinction) that has been compiled since 1948.

 International Commission for the Conservation of Atlantic Tuna (ICCAT) .The

International Commission for the Conservation of Atlantic Tuna (ICCAT) “is an inter-
governmental fishery organization responsible for the conservation of tunas and tuna-like
species in the Atlantic Ocean and its adjacent seas.” 15 The underlying convention has a
membership of 48 member states.16 ICCAT works on the basis of fishing statistics and is
trying to sustainable use the scare resource of Atlantic tuna and tuna-like species.

 Kyoto Protocol. As nations became aware about global climate change their leaders
negotiated about legal measures and possible legal solutions. The overall idea of the Kyoto
Protocol is to reduce the emission of greenhouse gases. The Kyoto Protocol was adopted on
11 December 1997 in Kyoto/Japan and it is a protocol to the United Nations Framework
Convention on Climate Change (UNFCCC). 17 The Kyoto Protocol entered into force on 26
February 2005 and it has 83 signatory parties and 191 out of 193 possible ratifying UN
member states.18 However the United States of America does not have an intention to ratify
the protocol and Canada has withdrawn from the protocol, what singles both nations out from
the rest of the world. During the negotiations 37 industrial nations have agreed to reduce the
amount of Greenhouse gases (GHG) “(carbon dioxide, methane, nitrous oxide, sulphur
hexafluoride) and two groups of gases (hydrofluorocarbons and perfluorocarbons)” relative to
their annual emissions in a base year (usually 1990).19
 

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4. Describe briefly the seven environmental principles (also known as laws of ecology)
adapted from Barry Commoner (21 points) as follows:
a. Nature knows best .
b. All forms of life are important.
c. Everything is connected to everything else.
d. Everything changes.
e. Everything must go somewhere
f. Ours is a finite earth.
g. Nature is beautiful and we are stewards of God’s creation.

Barry Commoner, “a leader among a generation of scientist-activists” (New York

Times) and possibly “the greatest environmentalist of the 20th century” and founder of the
modern environmental movement. He is best known for his Seven Environmental Principles
( also known as laws of ecology) as follows:
1. Nature knows best . One natural process that needs serious attention is nutrient
cycling. In nature, nutrients pass from the environment to the organisms and back to the
environment. Any disruption in the cycle can bring about imbalance. Our nature knows
everything. Sometimes, it knows what is best for us.
2. All forms of life are important. Each organism plays a fundamental role in nature.
Since
such occupational or functional position, otherwise known as niche, cannot be simultaneously
occupied by more than one specie, it is apparent that all living things must be considered as
invaluable in the maintenance of homeostasis in the ecosystem.!.
3.Everything is connected to everything else. This principle is best exemplified by the
concept of the ecosystem. In an ecosystem, all biotic and amniotic components interact
with each
other to ensure that the system is perpetuated. Any outside interference
may result in an
imbalance and the deterioration of the system.
4. Everything changes .It is said that the only permanent thing is change. our world is
constantly changing and nothing is permanent anymore. Even each day humans try to
change their living to fit in to the world.
5. Everything must go somewhere . When a piece of paper is thrown away, it disappears
from sight but it does not cease to exist. It ends up elsewhere. Everything goes somewhere
and nothing goes nothing it has its own way to go.'.
6. Ours is a finite earth. Just how long would the earth be able to sustain demands on its
resources his is a question that needs serious reflection. Unless the factors of population
growth, lifestyles, and polluting technologies are checked, the collapse of the earth might be
inevitable.
7. Nature is beautiful and we are stewards of God’s creation. Among all creatures, humans
are the only ones made in God’s image and have been given the right to have dominion over
all is creations. Seeing the most intelligent and gifted with reason, humans are capable of
manipulating creation to their own advantage. & are made not to rule the world but to help
the world. Humans are God’s creation and we need to take care of everything.

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5. Discuss the important Philippine Laws as follows
a) Presidential Decree (PD) 1586: Philippine Environmental Impact Statement System
b) Republic Act (RA) 8749: Clean Air Act (CAA) of 1999
c) Republic Act (RA) 9275: Philippine Clean Water Act of 2004
d) Republic Act (RA) 6969 Toxic Substances, Hazardous and Nuclear Waste Control
e) Act of 1990
f) Republic Act (RA) 9003: Philippine Ecological Solid Waste Management Act
(PESWMA) of 2000
g) Republic Act (RA) 9512: Environmental Awareness and Education Act of 2008.

The Philippine environmental laws and government regulations are in place with the intent of
protecting the environment and aid people from all walks of life in their pursuit to a balance
and healthful ecology .Indeed, the environment has become such an important issue. It
is imperative that people should be fully informed on what the relevant environmental laws are
so that they may be fully aware what are allowed and what are prohibited in relation to the
actions they take towards the environment Herewith are the major environmental laws in the
Philippines

 Presidential Decree (PD) 1586: Philippine Environmental Impact Statement System

The main objective of this Environmental Impact Statement System under Presidential
Decree 1586 ( ratified on June 11, 1978). is to maintain the balance between the environment
and the socio-economic development of the country. It aims to protect the environment
despite the increasing demand of natural resources and development to attain sustainability.

Every proposed environmentally critical project or project located in environmentally

critical area shall prepare an Environmental Impact Statement to justify why the project
should be implemented. The Environmental impact Statement also contains the predicted
impact which is most likely to occur and affect the environment and the surrounding
communities as well. Along with it are the proper mitigation or environmental measures to
minimize if not prevented the said negative impacts to the environment. However, the EIS or
Environmental Impact Statement does not end with that. It covers the monitoring program for
different environmental media such as air, water, soil and development program for the
existing community. Upon the approval of the EIS, Environmental Compliance Certificate
will be issued by the Environmental Management Bureau.

On the other hand, the non- environmentally critical project or projects that are not
located in environmentally critical areas are required to submit Project Description Report
which indicates the environmental measures basic information about the proposed project.
Upon its approval, Certificate of Non- Coverage or CNC will be issued by the Environmental
Management Bureau. Failure to comply with this law has a corresponding punishment, e.g.
suspension or cancellation of certificates or fine not exceeding Php 50,000.00.
Compliance with this law is essential in protecting the environment. Through EIS, the
likely adverse ecological impact of the project that might occur will properly be mitigated. It
is also for the benefit of the people in the community that will be affected if the project will
cause negative impact on the environment. The permits like Environmental Compliance
Certificate or Certificate of Non-Coverage that will be issued by the DENR-EMB will certify
that the project is environmentally safe.

 Republic Act (RA) 8749: Clean Air Act (CAA) of 1999

The law aims to achieve and maintain clean air that meets the National Air Quality
guideline values for criteria pollutants, throughout the Philippines, while minimizing the
possible associated impacts to the economy.
The Philippines Clean Air Act of 1999 (Republic Act No. 8749) outlines the
government’s measures to reduce air pollution and incorporate environmental protection into
its development plans. It relies heavily on the polluter pays principle and other market-based
instruments to promote self-regulation among the population. It sets emission standards for all
motor vehicles and issues pollutant limitations for industry. Emission limit values are laid
down by The Department of Environment and Natural Resources, Philippines as
‘Implementing Rules and Regulations for Philippine Clean Air Act of 1999’. These rules and
regulations shall apply to all industrial emissions and other establishments which are potential
sources of air pollution.
The Clean Air Act covers all potential sources of air pollution, to wit:
(1) Mobile Sources (eg. motor vehicles);

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 (2) Point or Stationary Sources (eg. industrial plants); and
(3) Area Sources (eg. wood or coal burning) Smoke belching vehicles on the road will
undergo emission testing. Violators will be subject to the following fines/penalties:
1st Offense P 1,000.00
2nd Offense P 3,000.00
3rd Offense  P 5,000.00 plus a seminar on pollution management.

In order to achieve clean air, we need clean fuels. The CAA provides for the complete
phase-out of leaded gasoline; lowering of the sulfur content of industrial and automotive diesel;
lowering of aromatics and benzene in unleaded gasoline Stationary sources must comply with
the National Emission Standards for Source Specific Air Pollutants (NESSAP) and National
Ambient Air Quality Standards (NAAQS) and must secure their permit to operate, prior to
operation. A business firm is fined of not more than P100,000 for every day of violation until
such time that standards are met or imprisonment of not less than 6 years but not more than 10
years upon the discretion of the court. The Pollution Adjudication Board (PAB) adjudicates all
environmental cases.

Provides for a comprehensive air quality management policy and program which aims to
achieve and maintain healthy air for all Filipinos. The DENR Secretary, upon recommendation
of the EMB, will divide the country into different airsheds. Airsheds are to be designated based
on climate, weather, meteorology, and topology, which affect the mixture and diffusion of
pollutants in the air, share common interests or face similar development problems. These will be
managed by multi-sectoral Governing Boards chaired by the DENR Secretary with
representatives from concerned government agencies, the private sector, NGOs and LGUs.

 Republic Act (RA) 9275: Philippine Clean Water Act of 2004

The law aims to protect the country's waterbodies from pollution from land-based
sources(industries and commercial establishments, agriculture and community/household
activities). It provides for comprehensive and integrated strategy to prevent and minimize
pollution through a multi-sectoral and participatory approach involving all the stakeholders.

Under the Act, discharges of wastewater shall be controlled. Owners or operators of

facilities that discharge wastewater are required to get a permit to discharge from the EMB or the
Laguna Lake Development Authority Domestic wastewater will be addressed accordingly. The
Department of Public Works and Highways (DPWH), in coordination with local government
units (LGUs) will prepare a national program on sewage and septage management. On the other
hand, LGUs are to provide the land including road right of the way for the construction of
sewage and/or septage treatment facilities and raise funds for the operations and maintenance of
said facilities. The Department of Health (DOH) will formulate guidelines and standards for the
collection, treatment and disposal of sewage a swell as the guidelines for the establishment and
operation of centralized sewage treatment system. The water district will provide water supply
and sewerage facilities and to connect existing sewage lines, subject to the payment of sewerage
service charges/fees within five years following effectivity of this Act Anyone discharging
wastewater into a water body will have to pay a waste water charge. This economic instrument
will encourage investments in cleaner production and pollution control technologies to reduce
the amount of pollutants generated and discharged.

 Republic Act (RA) 6969 Toxic Substances, Hazardous and Nuclear Waste Control
Act of 1990
The law aims to regulate restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures the present unreasonable risk
to human health. It likewise prohibits the entry, even in transit, of hazardous and nuclear wastes
and their disposal into the Philippine territorial limits for whatever purpose; and to provide
advancement and facilitate research and studies on toxic chemicals.

The Act provides the legal framework for the Philippines to control and manage the importation,
manufacture, processing, distribution .U se, transport, treatment and disposal of toxic substances
and hazardous and nuclear wastes. A Chemical Control Order (CCO) is issued by the DENR to
prohibit, limit or regulate the use, manufacture, import, export, transport, processing, storage,
possession and wholesale of priority chemicals that are determined to be regulated, phased-out,
or banned because of the serious risks they pose to public health and the environment. Of the 48
toxic chemicals listed in the Priority Chemical List (PCL),five have already been covered by
CCOs in the form of DAOs. These CCOs are for: mercury (DAO 97-38), cyanide (DAO 97-39),
asbestos(DAO 2000-02), ozone-depleting substances (DAO2000-18), and polychlorinated
biphenyls (DAO 2004-01).

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 Republic Act (RA) 9003: Philippine Ecological Solid Waste Management Act
(PESWMA) of 2000
It provides the legal framework for the country’s systematic, comprehensive, and ecological
solid waste management program hat shall ensure protection of public health and the
environment

Key features of the Solid Waste Management Act

1. Creation of the National Solid Waste Management Commission(NSWMC), the National
Ecology Center (NEC), and the Solid Waste Management Board (NSWMB) in every
province, city and municipality in the country. The e NSWMC shall be responsible in the
formulation of the National Solid Waste Management Framework (NSWMF) and other
policies on solid waste (SW), in overseeing the implementation of solid waste management
plans and the management of the solid waste management fund The NEC, on the other hand,
shall be responsible for consulting, information, training and networking services relative to
the implementation of R.A. No. 9003
1. The NSWMB of provinces, cities, and municipalities shall be responsible for the
development of their respective SW management plans.
2. Formulation of the NSWMF 10-year SW plans by local government units;
3. Mandatory segregation of SW to be conducted at the source;
4. Setting of minimum requirements to ensure systematic collection and transport of wastes
and the proper protection of garbage collectors' health;
5. Establishment of reclamation programs and buy-back centers for recyclable and toxic
materials;
6. Promotion of eco-labeling and prohibition on non-environmentally acceptable products and
packaging;
7. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of
barangays;
8. Prohibition against the use of open dumps and setting of guidelines/criteria for the
establishment of controlled dumps and sanitary landfills;
9. Provision of rewards, grants and incentives both monetary and non-monetary to encourage
LGUs and the public to undertake effective SW management;
10. Promotion of research on SWM and environmental education in the formal and non-
formal sectors.

 Republic Act (RA) 9729: Climate Change Act of 2009

RA 9729 aims to systematically integrate the concept of climate change in the policy
formulation and development plans of all government agencies and units, to the end that the
government will be prepared for the impact of climate change. The law created the Climate
Change Commission, composed of the President, as Chairperson, and three (3) commissioners to
be appointed by the President, which is tasked to coordinate, monitor and evaluate the programs
and action plans of the government relating to climate change. Government agencies
have likewise been assigned their respective roles under RA 9729. For instance, the Department
of Education is tasked to integrate climate change in to the primary and secondary education
curricula, including textbooks and other education materials. Government Financial Institutions
are allowed to provide preferential financial packages for climate change-related projects.

 Republic Act (RA) 9512: Environmental Awareness and Education Act of 2008.
It’s an Act to promote environmental awareness through Environmental Education (EE)
and covers the integration of EE in the school curricula at all levels, be it public or private,
including daycare, preschool, non-formal, technical, vocational, indigenous learning, and out-of-
school youth courses or programs. Section 6 of the Act says that the DepEd, CHED, TESDA,
DENR,DOST and other relevant agencies, in consultation with experts on the environment and
the academe, shall lead in the implementation of public education and awareness programs on
environmental protection and conservation through collaborative interagency and multi-sectoral
effort at all levels. It also declares November as the Environmental Awareness Month in the
Philippines

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6. Explain the following major International Organizations Fighting Environmental
Destruction( 18 points)
a) Earth System Governance Project (ESGP) ,
b) Global Environment Facility (GEF),
c) Intergovernmental Panel on Climate Change (IPCC)
d) International Union for Conservation of Nature (IUCN) ,
e) United Nations Environment Programme (UNEP) ,
f) World Nature Organization (WNO)

Environmental organizations operate around the world in an effort to analyze, track, and
conserve the global environment. These organizations may be nonprofits, governmental, trusts,
or non-governmental. Additionally, environmental organizations work at different levels around
the world, including international, national, regional, or local. This article takes a look the major
international environmental organizations in the world.

 Earth System Governance Project (ESGP)

The ESGP began in January of 2009 out of the International Human Dimensions Programme on
Global Environmental Change, a research project that focused on the human impact on global
change. This project is a network of around 300 active and 2,300 indirectly involved academics
from around the world. The goal of the ESGP is to publish research on the science concerning
the difficulties of regulating global environmental change. By doing this, researchers hope to
better understand the roles and responsibilities of governments, institutions, and organizations in
issues of global commons and pollution.

 Global Environment Facility (GEF)

The GEF was established in 1991 as a collaboration among 183 nations, civil organizations,
private businesses, and international institutes. This organization finances projects concerning
climate change, land degradation, international water, biodiversity, and the ozone layer.
Currently, it is the largest public funder of these types of projects in the world. In total, the GEF
has provided $12.5 billion, $58 billion in shared financing endeavors, and $653.2 million in
small grants. Together, these funds have contributed to 3,690 projects in 165 countries.

 Intergovernmental Panel on Climate Change (IPCC)

The IPCC works under the UN as an intergovernmental and scientific organization, established
in 1988 by the World Meteorological Organization and the previously mentioned UNEP. Its
purpose is to offer the world an unbiased, scientific assessment of climate change and its effects.
The IPCC reports are based on published literature by non-IPCC scientists on a voluntary basis.
In 2007, this organization, along with Al Gore, received the Nobel Peace Prize.

 International Union for Conservation of Nature (IUCN) -

The International Union for Conservation of Nature was established in 1948 and is comprised of
over 1,200 government and non-government members. Its mission is promoting nature
conservation and sustainable use of natural resources around the globe. This environmental
organization also focuses on issues such as poverty, gender equality, and sustainable business
practices in order to achieve its objective. This organization is responsible for publishing the
IUCN Red List which categorizes biological species by their conservation status.

 United Nations Environment Programme (UNEP) -

The United National Environment Program was founded in June of 1972 after the UN
Conference on the Human Environment. It is responsible for a number of environmental issues
concerning various UN agencies. Some of these responsibilities include: developing international
environmental agreements, encouraging environmental science, and creating development
policies with national governments. Experts of the UNEP have contributed to guidelines of
treaties and policies in terms of potential contaminants.

 World Nature Organization (WNO) -

Planning for the World Nature Organization began in 2010 by the developing countries which
are most threatened by climate change. These nations are located around the Pacific Ocean and
the Caribbean as well as a few countries in Africa. The Preparatory Commission published the
WNO Treaty in June of 2012, but lack of interest left the agreement unsigned. This organization
did not come into effect in May of 2014 as planned. Its goal was to promote economically
friendly businesses, technology, energy, and activities.

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7. As application on the topic Environmental Law, choose any environmental
organizations you would like to be involved as concerned citizen of the environment
and explain your decision. (15 points)