Environmental Ethics, Laws, and Policies PDF

ENVIRONMENTAL ETHICS  ETHICS Ethics define the code that a society or group of people adhere to MORALS Morals delve into right and wrong at a much deeper level, which is both personal and spiritual. - Ethics relates to a society whereas morality relates to...

ENVIRONMENTAL ETHICS  ETHICS Ethics define the code that a society or group of people adhere to MORALS Morals delve into right and wrong at a much deeper level, which is both personal and spiritual. - Ethics relates to a society whereas morality relates to an individual person. Ethics relate more in a professional life while morals are what individuals follow independently.  An area in which ethics and morals can clash is at the workplace where company ethics can play against personal morality. In society, we are all faced with the butting heads of ethics and morals. Abortion is legal and therefore medically ethical, while many people find it personally immoral. EUTHANASIA  As of 2002, euthanasia is only legal in the three countries: the Netherlands, Belgium, and Luxembourg. ABORTION Ex. A 22-year-old woman in El Salvador, whose pseudonym is Beatriz, is currently in the hospital, waiting for an abortion that could save her life. Her doctors want to terminate her pregnancy. So, why haven’t they? Because they fear being prosecuted under El Salvador’s laws, which prohibit abortion in all cases with no exceptions for rape, incest, the health of the mother or the life of the mother. Countries banning abortion in all cases with no exceptions whatsoever: Chile, El Salvador, Nicaragua, Dominican Republic, Malta Abortion is legal in nearly every European country although there is a wide variation in the restrictions under which it is permitted. ANIMAL TESTING PORNOGRAPHY CONTRACEPTION  Environmental issues also involve a consideration of ethics and morals. Since ethics is different from moral, it is quite difficult to determine what is right and what is wrong  ENVIRONMENTAL ATTITUDES AND ETHICS 1) Development Ethics based on action it assumes that human race should be the master of nature, and that earth and its resources exist for the benefit and pleasure of human reinforced by work ethics which dictates that human should be busy creating continual change, and that bigger and better things represent progress which is good 2. Preservation Ethics Consider nature special in itself Some preservationists have an almost religious belief regarding nature They hold reverence for and respect the right of all creatures to live no matter what the social or economical costs Preservationists also include those whose interest in nature is primarily aesthetics or recreational 3. Conservation Ethics Stresses a balance between development and absolute preservation It recognizes the desirability of decent living standards but works towards a balance of resource use and resource availability  ENVIRONMENTAL ETHICS VIEWED AT DIFFERENT PERSPECTIVES 1. Corporate Environmental Ethics ❖ Corporation – legal entity designed to operate at a profit Ethics are involved when a corporation cuts corners in production quality or waste disposal to maximize profit These corporate decisions involve only minimal considerations to the public interest, while every effort is exerted to maximize profit  TOOLS USED TO EVALUATE ENVIRONMENTAL CORPORATE RESPONSIBILITY a) Valdez Principles - have been formulated to guide and evaluate corporate conduct towards the environment - the Valdez Principles support a wide range of environmental issues. Protection of the biosphere is one of its objectives, and it encourages industries to minimize or eliminate the emission of pollutants. The principles are also devoted to protecting biodiversity and insuring the sustainable development of land, water, forests, and other natural resources. The principles advocate the use of recycling whenever possible, support safe disposal methods, and encourage the use of safe and sustainable energy sources. Energy efficiency is also a goal, as well as the marketing of products that have minimal environmental impact. - They are named after the Exxon Valdez, an oil tanker which ran aground off the Alaskan coast in 1989, causing considerable environmental damage b) ISO 14000 (International Standard Organization) - certification for environmental management, i.e., on meeting environmental responsibilities, controlling risks and reducing liabilities - a family of standards related to environmental management that exists to help organizations (a) minimize how their operations (processes etc.) negatively affect the environment (i.e. cause adverse changes to air, water, or land); AND (b) comply with applicable laws, regulations, and other environmentally oriented requirements 2. Societal Environmental Ethics ❖ Society – composed of a great variety of people with different viewpoints many societies tend to exploit their resources Societies tend to continue to consume natural resources as if the supplies were never ending Growth, expansion and domination remain the central socio-cultural objectives of most advance societies Economic growth and exploitation – attitudes share by developing societies 3. Individual Environmental Ethics We have to recognize that each of us is individually responsible for the quality of the environment we live in and that our personal actions affect environmental quality, for better or for worse Recognition of individual responsibility must then lead to real changes in individual behavior In other words, our environmental ethics must be reflected in changes in the ways we all live our daily lives o Environmental Movements – have been effective in influencing public opinion and in moving the business community towards environmental ethics 4. Global Environmental Ethics Much of the current environmental crisis is rooted in and exacerbated by the widening gap between rich and poor nations Industrialized countries contain only 23% of the world’s population and yet they control 80% of the world’s goods and are responsible for a majority of its pollution Developing countries struggle to catch up with developed countries and this seem to result to destruction of their forests and the depletion of their soils  International Protocols - international conventions where nations can work together to solve common environmental problems Examples: 1) The Montreal Protocol on Substances That Deplete the Ozone Layer - a landmark international agreement designed to protect the stratospheric ozone layer. The treaty was originally signed in 1987 and substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere--chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform--are to be phased out by 2000 (2005 for methyl chloroform). Scientific theory and evidence suggest that, once emitted to the atmosphere, these compounds could significantly deplete the stratospheric ozone layer that shields the planet from damaging UV-B radiation. * The Vienna Convention for the Protection of the Ozone Layer (1985), which outlines states' responsibilities for protecting human health and the environment against the adverse effects of ozone depletion, established the framework under which the Montreal Protocol was negotiated 2) Kyoto Protocol – convention on the global climate change - an international agreement that sets a target reduction of GHG emissions for 37 industrialized countries and European communities starting from 2008 to 2012. Specifically, it requires an average reduction of five percent from the GHG emission recorded in 1990 Participating countries that have ratified the Kyoto Protocol have committed to cut emissions of not only carbon dioxide, but of also other greenhouse gases, being: - Methane(CH4) - Nitrous oxide (N2O) - Hydrofluorocarbons (HFCs) - Perfluorocarbons (PFCs) - Sulphur hexafluoride (SF6) ❑ U.S. position The U.S. signed the Protocol, but did not ratify it. Before the Protocol was agreed on, the U.S. Senate passed the Byrd-Hagel Resolution unanimously disapproving of any international agreement that 1) did not require developing countries to make emission reductions and 2) "would seriously harm the economy of the United States". Therefore, even though the Clinton administration signed the treaty, it remained only a symbolic act and was never submitted to the Senate for ratification. When George W. Bush was elected U.S. president in 2000, he was asked by U.S. Senator Hagel what his administration's position was on climate change. Bush replied that he took climate change "very seriously,“ but that he opposed the Kyoto treaty, because "it exempts 80% of the world, including major population centers such as China and India, from compliance, and would cause serious harm to the US economy" ❑Withdrawal of Canada The Canadian government announced its withdrawal - possible at any time three years after ratification - from the Kyoto Protocol on 12 December 2011, effective 15 December 2012. Canada was committed to cutting its greenhouse emissions to 6% below 1990 levels by 2012, but in 2009 emissions were 17% higher than in 1990. Environment minister Peter Kent cited Canada's liability to "enormous financial penalties" under the treaty unless it withdrew.  Before, engineers were able to practice their profession without having to address environmental ethics to the same depth as it is now required Legislations require us to produce an environmental report (EIS) prior to the design stage of a process Engineering as a profession has great achievements in the general area of public health, water supply, sewage treatment, waste treatment, etc. and we are proud of all of these. However, modern engineers now realize that there are also negative and long-term impacts of engineering projects on ecology as well as on human health.  The dilemmas for engineers for the design for such projects are many since no longer can engineers and scientists hide behind technology and economics Our profession must share responsibility for the ethical dilemmas or face the long-term consequences of such issues returning to haunt us Engineers today are very different from generations ago Traditionally, an engineer could live out a technical career without public participation as a professional Engineers have the technical competence of a backroom technician with the ability to interact with groups, other than engineers, at a public level Engineers must be more adaptable, flexible and be able to collaborate with groups (environmental and community groups) for inputs at the inception of projects  CASE STUDY AN EXCESS? Stephanie Simon knew Environmental Manager Adam Baines would not be pleased with her report on the chemical spill. The data clearly indicated that the spill was large enough that regulations required it to be reported to the state. Stephanie perceived Adam to be someone who thinks industry is over-regulated, especially in the environmental area. At the same time, he prided himself as a major player in maintaining XYZ's public reputation as an environmental leader in the chemical industry. "We do a terrific job," he often said. "And we don't need a bunch of hard to read, difficult to interpret, easily misunderstood state regulations to do it. We got along just fine before the regulators ran wild, and we're doing fine now."  When Stephanie presented her report to Adam, he lost his temper. "This is ridiculous! We're not going to send anything like this to the state. A few gallons over the limit isn't worth the time it's going to take to fill out those damned forms. I can't believe you'd submit a report like this. Stephanie, go back to your desk and rework those numbers until it comes out right. I don't want to see any more garbage like this." What should Stephanie do?  Stephanie refused to rework the report. Instead she went back to her desk, signed the report, wrote a memo about her conversation with Adam, and then returned to Adam's office. She handed him the report and said, "You don't want to see any more garbage like this? Neither do I. Here's my original report--signed, sealed, and delivered. I've had it here. I'm not fudging data for anyone." As she turned to leave, she added, "By the way, Adam, before you get any ideas about making it hard for me to get another job, I have a nice little memo about our earlier conversation. I won't hesitate to send it right upstairs at the slightest provocation." Discuss Stephanie's way of handling this problem  Bruce Bennett was pleased to have the job vacated by Stephanie Simon. It was an advancement in both responsibility and pay. He knew about the circumstances of Stephanie's angry departure. All went well for the first several months. Then there was another spill. Bruce's preliminary calculations indicated that the spill exceeded the specified limit requiring a report to the state. He also knew how Adam would react to the "bad news". Bruce had worked hard to get his present position, and he looked forward to "moving up the ladder" at XYZ. He certainly did not want to go job hunting at this time in his career. He thought, "These numbers are so close to falling below the limit that a little 'rounding off' here or there might save us all a lot of grief." What should Bruce do? ENVIRONMENTAL LAWS AND POLICIES ENVIRONMENTAL LAWS AND POLICIES Environmental legislation includes all laws pertaining to the management of natural resources and the regulation of discharge of materials into the environment It plays a critical role in promoting environmental protection through: – Sustainable use of natural resources – Pollution prevention – Integration of environment and development objectives ▪ Provides an important framework for regulating social behavior and transforming sustainable development policies into enforceable norms of behavior Environmental laws assist the government in adhering to international protocols and building national capacities to address major global, national, regional and local environmental issues and problems in the context of sustainable development I. Pollution Control Legislations 1. Republic Act No. 3931 (July 10, 1967) An act creating the National Water and Air Pollution Control Commission (NWAPCC) 2. Presidential Decree No. 1251 Imposing a fee on Operating Mining Companies to be known as Mine Wastes and Tailing Fee to compensate for Damages to Private landowners and for other purposes 3. Presidential Decree No. 1151 (June 6, 1977) Philippine Environmental Policy: Defines the general policies on the pursuit of a better quality of life for the present and future generations It mandates the undertaking of EIA for all projects which may significantly affect the environment 4. Presidential Decree No. 1152 Philippine Environmental Code: It defined the objectives of the policy and strategies for various aspect of environmental management, such as air, water quality, natural resource development, land and waste management It tells about how to implement /enforce PD 1151 5. Presidential Decree No. 825 November 7, 1985 Providing penalty for improper disposal of garbage and other forms of uncleanliness and for other purposes 6. Presidential Decree No. 984 (August 8, 1976) Pollution Control Law: It seeks to prevent , abate, and control pollution of water, air, and land for a more effective utilization of the resources of the country 7. Presidential Decree No. 1181 Providing for the prevention, control and abatement of air pollution from motor vehicles and other purposes (installation of pollution control device) 8. Presidential Decree No. 1160 Vesting authority in Barangay captains to enforce pollution and environmental control laws and for other purposes 9. DENR Administrative Order No. 2021 - 19 Updated water quality guidelines and general effluent standards for selected parameters It is the policy of the State to pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine water DENR Administrative Order No. 2018 – 16 - WQG and GES 10. Republic Act No. 6969 (with IRR DAO 92-29) An act to control toxic substances, hazardous, and nuclear wastes This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose 11.DENR Administrative Order 29 series of 1992 (DAO 92-29) IRR of RA 6969 regulate the importation, manufacture, processing, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment 12.DENR Administrative Order No. 14 ( series of 1993) Revised air quality standards of 1992, Revising and Amending the Air Quality Standards of 1978 13. Republic Act 8749 – Clean Air Act of 1999 Provides for a comprehensive air pollution control policy Stipulates the development of an integrated air quality improvement framework, standards on ambient air quality from mobile and stationary sources and mitigation of all sources of air pollution 14. DENR Administrative Order 81 series of 2000 IRR of RA 8749 laying down the functions and powers of concerned agencies 15. Presidential Decree 856 Sanitation Code of the Philippines 16. Republic Act 9003 Ecological Solid Waste Management Act An act providing for an ecological solid waste management program, creating the necessary institutional mechanisms Reduce, Reuse Recycle was tackled in this act II. EIS (Environmental Impact System) Regulations Environmental Impact Statement - a government document that outlines the impact of a proposed project on its surrounding environment 1. Presidential Decree No. 1586 Environmental Impact Statement System It declares the policy to ensure the attainment of environmental quality that is conducive to a life of dignity and recognizes the right of the people to a healthy environment 2. DENR Administrative Order No. 08 (series of 1991) Guidelines on the issuance of Environmental Compliance Certificate (ECC) or Environmental Clearance (EC) for the conversion of agricultural lands to non-agricultural uses 3. DENR Administrative Order No. 21 series of 1992 Amended the revised rules and regulations implementing PD 1586 (EISS) 4. DENR Administrative Order No. 11 series of 1992 Supplementing DAO 21 series of 1992 and providing for Programmatic Compliance Procedures within the EIS III. Preservation of Natural Resources 1. PD 705 : Amended Forestry Reform Code Codifies, updates and revises all forestry laws and emphasizes sustainable utilization of forest resources 2. PD 953 & 1153 Laws penalizing illegal cutting of trees PD 953 – planting of trees on certain areas and restriction of illegal logging PD 1153 – requires all citizen to PLANT A TREE PER MONTH FOR FIVE CONSECUTIVE YEARS 3. PD 331 Requires all public forests to be developed on a sustainable yield basis 4. PD 1067: Water Code of the Philippines Integrates all laws governing the ownership, appropriation, use, exploitation development, conservation and protection of the country’s water resources 5. PD 1198 Reinforces restoration of mined-out areas to their original condition to the extent possible 6. RA 8550: Fisheries Code of the Philippines Defines policies on the protection, conservation, and effective management of fisheries stock as well as identifying allowable fishing methods in the country’s coastal waters. 7. RA 9275: Philippine Clean Water Act of 2004 (PCWA) An act providing for a comprehensive water quality management and for other purposes 8. RA 9147 Wildlife Resources Conservation and Protection Act of 2001 9. DAO 90-15 Regulations governing the utilization, development and management of mangrove resources 10. DAO 2000 – 29 Guidelines regulating the harvesting and utilization of forest products within community-based forest management areas 11. RA 7586 – National Integrated Protected Areas System Act of 1992 (NIPAS) Set forth in detail the processes by which DENR and other concerned institutions and agencies will establish and manage the NIPAS DAO 2019 – 05 & DAO 1992 – 25 (IRRs of RA 7586) 12. RA 7942 Philippine Mining Act of 1995 An act instituting a new system of mineral resources exploitation, development, utilization and conservation DAO 2010 – 21 (Revised IRR) – All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of the Government and private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities. 13. RA 7076: People’s Small-scale Mining Act of 1991 Small-scale mining as source of employment but must comply with the pertinent rules and regulations on environmental protection and conservation 14. PD 1219: Coral Resources Development and Conservation Decree A decree providing for the exploration, exploitation, utilization and conservation of coral resources 15. RA 9168 : Philippine Plant Variety Protection Act of 2002 An act to provide protection to new plant varieties, establishing a national plant variety protection board 16. RA 8048: Coconut Preservation Act of 1995 An act that prohibits the cutting of coconut trees except in any of the cases specified in the text and only after the issuance of a permit by the Philippine Coconut Authority 17. RA 3571 An act to prohibit the cutting, destroying or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value in public places 18. RA 3572 An act to prohibit the cutting of tindalo, akle or molave trees IV. OTHERS 1. Executive Order No. 259 An act to rationalize the soap and detergent surfactant industry and thereby promote and expand the utilization of chemicals derived from coconut oil and for other purposes 2. DAO 2000 – 02 CCO for asbestos 3. RA 9175: Chainsaw Law Regulates ownership, possession, sale, importation and use of chainsaw Chainsaw must be registered before using 4. DAO 97-39 CCO for cyanide and cyanide compounds 5. DAO 2019-17 CCO for arsenic and its compounds 6. EO 542 of President Ferdinand Marcos Creation of the “Taskforce for Pawikan” 7. RA 3983 An act to protect wild flowers and plants in the Philippines To prescribe conditions under which they may be collected, kept , sold, exported and for other purposes 8. RA 9729 : Climate Change Act of 2009 An act mainstreaming climate change into government policy formulations, establishing the framework strategy and program on climate change, creating for this purpose the Climate Change Commission and for other purposes 9. RA 9367: Biofuel Act of 2006 A mandatory biofuels standard which requires a 5% ethanol blend for gasoline within two years, increasing to 10% within 4 years under the approval of a new National Biofuels Board A 1% biodiesel blend for diesel is required within 3 months, to be increased to 2% within 2 years 10. RA 8485 : Animal Welfare Act of 1998 An act to promote animal welfare in the Philippines 11. RA 8435: Agriculture and Fisheries Modernization Act of 1997 Mandated the Department of Agriculture (in keeping with the presidential form of government) to formulate and implement a medium and long-term comprehensive Agriculture and Fisheries Modernization Plan. 12. RA 9211: Tobacco Regulation Act law regulating smoking in public places, tobacco advertising, promotion and sponsorship, and sales restrictions, among other requirements