Law, Environment And Development: An Analysis Of Legal Principles
June 19, 2025
min read
ABSTRACT
This review inspects the environmental law and its relation with development of society, which are dynamic in nature and are interrelated with each other. It has focused on how government policy, rules and regulation can direct the development with the minimum exploitation or degradation of the Environment. It has closely focused on approaches to Development such as Regenerative and Sustainable Development. Based on comparative analysis of treaties and convention, principles, national laws and legislation - this review evaluates how they evolved with the development of the society and how it is enacted by the judiciary in case of violation. It has closely examined the principles such as Polluters Pay Principle, Regenerative Development Principle, Sustainable Development Principle, Precautionary Principle and Principle of Parens Patriae. Lastly, it focuses on how the government is unaware and lacks scientific research when it comes to how environmental pollution impacts the quality of life as well as the biodiversity and the ecosystem. The responsibilities of government are not just to make the law or legislation but also to implement it effectively equally in practice.
INTRODUCTION
As the societal population grows, law is enacted to manage its impact, particularly addressing the environmental degradation that often accompanies increased population density. When society develops, both laws and the way society works also tend to develop, overlap and go parallelly. However, if this development isn't handled carefully, it can harm the environment. The law and policy of the government can directly affect the environment. The environment serves as the indispensable bedrock for all life, sustaining intricate ecosystems and guaranteeing the very existence of humankind. Over the years, the increase in urbanization, deforestation, industrialization, and global warming has threatened the ecosystem, which has been a major global and national concern for environmental protection.
Recently, Kathmandu was listed among the most polluted cities in the world due to severe air pollution due to high levels of PM 2.5. According to IQAir, a Swiss group that collects air-quality data from around the world, the air quality in Boharatar in Kathmandu soared to a hazardous 365 micrograms per cubic metre. Bhaisepati of Lalitpur recorded 333 micrograms per cubic metre. Air quality in several other locations of the Valley, including Shankharapur, Adhikarigaun, Chagunarayan, Sudal, Tathali, Jawalakhel, and others, crossed 200 micrograms per cubic metre (μg/m3) 1. Similarly, the director general of the Department of Environment, said Nepal has been witnessing reduced winter rains for four years. Similarly, lack of adequate rains in the pre-monsoon period, increasing forest fires and dearth of environment-friendly infrastructures were aggravating air pollution2. Whereas for the last 17 years, for the sale of petrol and diesel, pollution charges have been levied at the rate of 50 paisa per litre. So far, 25 billion 396 million has been collected from consumers. 3
Environmental law, development, and the environment are forever connected, creating a complex web of relationships essential for a sustainable future. Our Constitution has guaranteed Article 30 Right to Clean Environment as our fundamental right. For the fulfillment of the fundamental right, the government has enacted the Environment Protection Act, 2019 (2076) . The world has moved in the model of Regenerative Development whose main idea is simply decreasing environmental damage and putting more effort on improving and reviving natural and social systems. It slightly differs from the concept of Sustainable Development which is an idea that tackles the problem of providing for current needs without sacrificing the capacity of future generations to provide for themselves. Development is the use of resources to improve the wellbeing of a society. What is called sustainable development is the use of resources to improve society’s well being in a way that does not destroy or undermine the support systems needed for future growth. Regenerative development is the use of resources to improve society’s well being in a way that builds the capacity of the support systems needed for future growth. What sustainable development is to traditional economic development, regenerative development is to sustainable development4. Due to pollution, deforestation, and urbanization, Nepal—a nation rich in biodiversity and natural resources—is facing numerous environmental problems. The main aim of this article is to analyze the Nepalese environmental law, its effectiveness, policy of development and to understand how environmental justice can be enforced from the legal domain.
GENERAL BACKGROUND
Over the years, Nepal's environmental law has developed in parallel with the nation’s economic growth, displaying a rise in public awareness of environmental issues. The international environmental discourse gained encouragement after Nepal took part in the Stockholm Conference in 1972 (2029 BS). During the period of King Birendra Bir Bikram Shah Dev in 1980 Sixth Development plan officially recognized the need of Environmental Impact Assessment (EIA) in development projects. In 1992 Nepal also participated in the Rio Earth Summit which further emphasized the role of environmental consideration in development planning. Later National Environment policy (1993) provided a guiding framework for environment conservation and management.
LEGAL FRAMEWORK
The Nepalese legal system is as old as human civilization. Nyabikasini was one of the early codified laws issued in 1436 BS (1380 AD) which existed even prior to the modern code of world community5.The major milestone came with the enactment of the Environment Protection Act (EPA) in 19976 (2053 BS) and the Environment Protection Rules (EPR) in 1997 (2054 BS). These legislations laid down the frameworks for setting an equilibrium for mitigating impacts associated with pollution control, environmental protection, and EIA processes. These laws also defined important terms such as environment, pollution and conservation and laid down the prerequisites for EIAs for specified development projects. Furthermore, these laws introduced the frameworks for controlling pollution and preventing it, thus making pollution an offense punishable by law.
The Constitution of Nepal incorporated the right to live in an unspoilt, safe and hygienic environment as one of fundamental rights every citizen of Nepal is entitled to in Article 30. This demonstrates that indeed, the Constitution gives reasonable recognition to the endeavor to save the environment. There is a landmark case of Godawari Marble Industries pertaining to the environmental protection (Surya Prasad Dhungel Vs. Godavari Marble Industries. NKP, pp 132-150, 169, 2052) in which the Supreme Court concluded that the clean and healthy environment is the right to life under article 12(1) of the Constitution of Kingdom of Nepal 1990 and directed the respondents to enforce the Minerals Act 2042 (1985), enact necessary legislation for protection of air, water, sound and environment and to take action for protection of the environment of Godawari area7. The 2019 Environment Protection statute which abolished the earlier framework law ‘the Environment Protection Act 1997’ after incorporating and upgrading the act to deal with current challenges of environment governance and align to international treaties decoupled this 1997 statute. With this legislative change, the scope within which pollution can be defined was broadened to include many diverse forms such as radioactive waste and electronic radiation. It addressed climate change adaptation and mitigation, and established the Environmental Protection Fund.
Later the Government enacted Environment Protection Regulation, 2020 for the implementation of the act providing rules and guidelines on pollution control, waste management, biodiversity conservation and EIA. Other acts like Forest Act 2019, Water Resources Act and regulation related to solid waste management also contribute to the environmental legal framework.
The Ministry of Forests and Environment is the primary government organization responsible for creating and implementing environmental policy and law. Various departments and agencies fall under this ministry at both the national and sub-national levels. Monitoring and enforcement are carried out by the Department of Environment.
DEVELOPMENT AND ENVIRONMENT LAW
Development and Environmental law are two paths of the government which focuses on maintaining balance between economic progress and environmental protection. Numerous legislations, in addition to the Constitution, regulate and direct the social and environmental aspects of development initiatives. The following is a list of some significant laws:
• National Parks and Wildlife Conservation Act, 2029
• Land Acquisition Act, 2034
• Water Resources Act, 2049
• Electricity Act, 2049 and Electricity Rules, 2050
• The Land Acquisition, Rehabilitation and Resettlement Policy 2072
• Labor Act, 2074 and Labor Rule, 2075
• Environment Protection Act, 2076 and Rules, 2077
• National Climate Change Policy, 2076
• Forests Act, 2076 and Rules, 2079
• Minerals Act, 2042
Exploitation of the environment in the name of development is a critical issue. Recent example is the complaint relating to the involvement of the VFS in the construction of the Chhaya Center by encroaching communal Guthi (trust) lands holding a sacred pond and surrounding areas, which are traditionally owned by the Pradhans that was used for religious and cultural purposes. Legal disputes and protests have arisen over the legitimacy of this land’s conversion to private ownership, with ongoing court cases for decades and c is sub judice at Nepal’s Supreme Court since 2014. Activists associated with the complainants have also faced threats and harassment due to their opposition to the Center’s construction8. Similarly in the case of Nijgadh International Airport construction was stopped by the Supreme Court of Nepal in 2022 on the grounds of environmental issues and lack of proper Environmental Impact Assessment(EIA). The court ruling followed years of controversy and litigation, with environmentalists and some local communities expressing concerns over deforestation, wildlife habitat loss, and possible effects on local water sources9. Government should focus on regenerative development which contributes to the environment and nature formulating and implementing the development policies that protect biodiversity.
INTERNATIONAL TREATIES
Nepal has participated in global initiatives to address severe environmental problems by signing, ratifying, and being a party to a number of multilateral treaties and conventions. Among the most significant multilateral agreements are:
i. United Nations Framework Convention on Climate Change (UNFCCC)
The UNFCCC's main doctrines include a dedication to addressing climate change through global collaboration, mitigation, adaptation, and financing channels, as well as the promotion of technology transfer to support poor nations like Nepal.
ii. Paris Agreement
The agreement's principal objectives are to keep global warming well below 2 degrees Celsius, support nations in setting and meeting challenging climate goals, and stimulate technology transfer and climate finance.
In February 2021, The Government of Nepal has also signed a landmark agreement with the World Bank’s Forest Carbon Partnership Facility (FCPF), unlocking up to US$45 million to support Nepal to decrease carbon emissions from deforestation and forest degradation through 2025. With this Emission Reductions Payment Agreement (ERPA) in place, Nepal is expected to reduce 9 million tons of carbon dioxide emissions in the Terai Arc Landscape10.
INTERNATIONAL ENVIRONMENTAL LAW
International environmental law refers to the agreements and treaties among different nations or between citizens and corporations of different nations concerning the wise and sustainable utilization of natural resources which ultimately benefits human and environment. It encompasses, that is, both international treaties (and conventions) incorporated into national law, and international customary law (general practice accepted as law). These constitute the law that nation states are obliged to follow or otherwise suffer sanctions from the international legal community11. Global environment law is important in that it has yielded important legal and policy instruments and highlights the fact that there are global issues and that they require global solutions. Ideas that have such influence that they have been incorporated into every nation state's national environmental law and policy, and those of regional communities of states.
There are four criteria in International Environment Law. In the first place, the activity in question needs to be human. Second, it needs to be inside a state's borders or under its authority. Third, it must cause injury or have the potential to do harm; and last, it must affect people or property that is under the jurisdiction of another state. 12
International law is progressively addressing regional and global environmental challenges. Sometimes, multilateral environmental agreements establish an international institution, body, or organization tasked with carrying out the agreement. The International Union for Conservation of Nature (IUCN) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are two notable examples.
There is international environment law which has jurisdiction all over the world like usual exercise of law and treaties like convention.
1. UN Convention on the Human environment,1972
2. Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973
3. Convention on Migratory Species ,1979
4. Montreal Protocol, 1985
5. UN Framework Convention on Climate Change, 1992
6. Convention on Biological Diversity, 1992
7. Kyoto Protocol, 1997
8. Cartagena Protocol on Biosafety, 2000
9. Paris Agreement, 2015
It is impossible to determine the exact origins of international environmental law. However, a few sources can be identified after examining how it creates laws, develops, etc. out. These include: (i) agreements; (ii) treaties; and (iii) customs.
INTERNATIONAL PRINCIPLES OF ENVIRONMENT LAW
The principles of international environmental law are the fundamentals and rules guiding the conduct of states and other international actors and their relations towards the environment. The principles over time evolved as a result of treaties, declarations, customary international law, among other sources.
This review inspects the environmental law and its relation with development of society, which are dynamic in nature and are interrelated with each other. It has focused on how government policy, rules and regulation can direct the development with the minimum exploitation or degradation of the Environment. It has closely focused on approaches to Development such as Regenerative and Sustainable Development. Based on comparative analysis of treaties and convention, principles, national laws and legislation - this review evaluates how they evolved with the development of the society and how it is enacted by the judiciary in case of violation. It has closely examined the principles such as Polluters Pay Principle, Regenerative Development Principle, Sustainable Development Principle, Precautionary Principle and Principle of Parens Patriae. Lastly, it focuses on how the government is unaware and lacks scientific research when it comes to how environmental pollution impacts the quality of life as well as the biodiversity and the ecosystem. The responsibilities of government are not just to make the law or legislation but also to implement it effectively equally in practice.
INTRODUCTION
As the societal population grows, law is enacted to manage its impact, particularly addressing the environmental degradation that often accompanies increased population density. When society develops, both laws and the way society works also tend to develop, overlap and go parallelly. However, if this development isn't handled carefully, it can harm the environment. The law and policy of the government can directly affect the environment. The environment serves as the indispensable bedrock for all life, sustaining intricate ecosystems and guaranteeing the very existence of humankind. Over the years, the increase in urbanization, deforestation, industrialization, and global warming has threatened the ecosystem, which has been a major global and national concern for environmental protection.
Recently, Kathmandu was listed among the most polluted cities in the world due to severe air pollution due to high levels of PM 2.5. According to IQAir, a Swiss group that collects air-quality data from around the world, the air quality in Boharatar in Kathmandu soared to a hazardous 365 micrograms per cubic metre. Bhaisepati of Lalitpur recorded 333 micrograms per cubic metre. Air quality in several other locations of the Valley, including Shankharapur, Adhikarigaun, Chagunarayan, Sudal, Tathali, Jawalakhel, and others, crossed 200 micrograms per cubic metre (μg/m3) 1. Similarly, the director general of the Department of Environment, said Nepal has been witnessing reduced winter rains for four years. Similarly, lack of adequate rains in the pre-monsoon period, increasing forest fires and dearth of environment-friendly infrastructures were aggravating air pollution2. Whereas for the last 17 years, for the sale of petrol and diesel, pollution charges have been levied at the rate of 50 paisa per litre. So far, 25 billion 396 million has been collected from consumers. 3
Environmental law, development, and the environment are forever connected, creating a complex web of relationships essential for a sustainable future. Our Constitution has guaranteed Article 30 Right to Clean Environment as our fundamental right. For the fulfillment of the fundamental right, the government has enacted the Environment Protection Act, 2019 (2076) . The world has moved in the model of Regenerative Development whose main idea is simply decreasing environmental damage and putting more effort on improving and reviving natural and social systems. It slightly differs from the concept of Sustainable Development which is an idea that tackles the problem of providing for current needs without sacrificing the capacity of future generations to provide for themselves. Development is the use of resources to improve the wellbeing of a society. What is called sustainable development is the use of resources to improve society’s well being in a way that does not destroy or undermine the support systems needed for future growth. Regenerative development is the use of resources to improve society’s well being in a way that builds the capacity of the support systems needed for future growth. What sustainable development is to traditional economic development, regenerative development is to sustainable development4. Due to pollution, deforestation, and urbanization, Nepal—a nation rich in biodiversity and natural resources—is facing numerous environmental problems. The main aim of this article is to analyze the Nepalese environmental law, its effectiveness, policy of development and to understand how environmental justice can be enforced from the legal domain.
GENERAL BACKGROUND
Over the years, Nepal's environmental law has developed in parallel with the nation’s economic growth, displaying a rise in public awareness of environmental issues. The international environmental discourse gained encouragement after Nepal took part in the Stockholm Conference in 1972 (2029 BS). During the period of King Birendra Bir Bikram Shah Dev in 1980 Sixth Development plan officially recognized the need of Environmental Impact Assessment (EIA) in development projects. In 1992 Nepal also participated in the Rio Earth Summit which further emphasized the role of environmental consideration in development planning. Later National Environment policy (1993) provided a guiding framework for environment conservation and management.
LEGAL FRAMEWORK
The Nepalese legal system is as old as human civilization. Nyabikasini was one of the early codified laws issued in 1436 BS (1380 AD) which existed even prior to the modern code of world community5.The major milestone came with the enactment of the Environment Protection Act (EPA) in 19976 (2053 BS) and the Environment Protection Rules (EPR) in 1997 (2054 BS). These legislations laid down the frameworks for setting an equilibrium for mitigating impacts associated with pollution control, environmental protection, and EIA processes. These laws also defined important terms such as environment, pollution and conservation and laid down the prerequisites for EIAs for specified development projects. Furthermore, these laws introduced the frameworks for controlling pollution and preventing it, thus making pollution an offense punishable by law.
The Constitution of Nepal incorporated the right to live in an unspoilt, safe and hygienic environment as one of fundamental rights every citizen of Nepal is entitled to in Article 30. This demonstrates that indeed, the Constitution gives reasonable recognition to the endeavor to save the environment. There is a landmark case of Godawari Marble Industries pertaining to the environmental protection (Surya Prasad Dhungel Vs. Godavari Marble Industries. NKP, pp 132-150, 169, 2052) in which the Supreme Court concluded that the clean and healthy environment is the right to life under article 12(1) of the Constitution of Kingdom of Nepal 1990 and directed the respondents to enforce the Minerals Act 2042 (1985), enact necessary legislation for protection of air, water, sound and environment and to take action for protection of the environment of Godawari area7. The 2019 Environment Protection statute which abolished the earlier framework law ‘the Environment Protection Act 1997’ after incorporating and upgrading the act to deal with current challenges of environment governance and align to international treaties decoupled this 1997 statute. With this legislative change, the scope within which pollution can be defined was broadened to include many diverse forms such as radioactive waste and electronic radiation. It addressed climate change adaptation and mitigation, and established the Environmental Protection Fund.
Later the Government enacted Environment Protection Regulation, 2020 for the implementation of the act providing rules and guidelines on pollution control, waste management, biodiversity conservation and EIA. Other acts like Forest Act 2019, Water Resources Act and regulation related to solid waste management also contribute to the environmental legal framework.
The Ministry of Forests and Environment is the primary government organization responsible for creating and implementing environmental policy and law. Various departments and agencies fall under this ministry at both the national and sub-national levels. Monitoring and enforcement are carried out by the Department of Environment.
DEVELOPMENT AND ENVIRONMENT LAW
Development and Environmental law are two paths of the government which focuses on maintaining balance between economic progress and environmental protection. Numerous legislations, in addition to the Constitution, regulate and direct the social and environmental aspects of development initiatives. The following is a list of some significant laws:
• National Parks and Wildlife Conservation Act, 2029
• Land Acquisition Act, 2034
• Water Resources Act, 2049
• Electricity Act, 2049 and Electricity Rules, 2050
• The Land Acquisition, Rehabilitation and Resettlement Policy 2072
• Labor Act, 2074 and Labor Rule, 2075
• Environment Protection Act, 2076 and Rules, 2077
• National Climate Change Policy, 2076
• Forests Act, 2076 and Rules, 2079
• Minerals Act, 2042
Exploitation of the environment in the name of development is a critical issue. Recent example is the complaint relating to the involvement of the VFS in the construction of the Chhaya Center by encroaching communal Guthi (trust) lands holding a sacred pond and surrounding areas, which are traditionally owned by the Pradhans that was used for religious and cultural purposes. Legal disputes and protests have arisen over the legitimacy of this land’s conversion to private ownership, with ongoing court cases for decades and c is sub judice at Nepal’s Supreme Court since 2014. Activists associated with the complainants have also faced threats and harassment due to their opposition to the Center’s construction8. Similarly in the case of Nijgadh International Airport construction was stopped by the Supreme Court of Nepal in 2022 on the grounds of environmental issues and lack of proper Environmental Impact Assessment(EIA). The court ruling followed years of controversy and litigation, with environmentalists and some local communities expressing concerns over deforestation, wildlife habitat loss, and possible effects on local water sources9. Government should focus on regenerative development which contributes to the environment and nature formulating and implementing the development policies that protect biodiversity.
INTERNATIONAL TREATIES
Nepal has participated in global initiatives to address severe environmental problems by signing, ratifying, and being a party to a number of multilateral treaties and conventions. Among the most significant multilateral agreements are:
i. United Nations Framework Convention on Climate Change (UNFCCC)
The UNFCCC's main doctrines include a dedication to addressing climate change through global collaboration, mitigation, adaptation, and financing channels, as well as the promotion of technology transfer to support poor nations like Nepal.
ii. Paris Agreement
The agreement's principal objectives are to keep global warming well below 2 degrees Celsius, support nations in setting and meeting challenging climate goals, and stimulate technology transfer and climate finance.
In February 2021, The Government of Nepal has also signed a landmark agreement with the World Bank’s Forest Carbon Partnership Facility (FCPF), unlocking up to US$45 million to support Nepal to decrease carbon emissions from deforestation and forest degradation through 2025. With this Emission Reductions Payment Agreement (ERPA) in place, Nepal is expected to reduce 9 million tons of carbon dioxide emissions in the Terai Arc Landscape10.
INTERNATIONAL ENVIRONMENTAL LAW
International environmental law refers to the agreements and treaties among different nations or between citizens and corporations of different nations concerning the wise and sustainable utilization of natural resources which ultimately benefits human and environment. It encompasses, that is, both international treaties (and conventions) incorporated into national law, and international customary law (general practice accepted as law). These constitute the law that nation states are obliged to follow or otherwise suffer sanctions from the international legal community11. Global environment law is important in that it has yielded important legal and policy instruments and highlights the fact that there are global issues and that they require global solutions. Ideas that have such influence that they have been incorporated into every nation state's national environmental law and policy, and those of regional communities of states.
There are four criteria in International Environment Law. In the first place, the activity in question needs to be human. Second, it needs to be inside a state's borders or under its authority. Third, it must cause injury or have the potential to do harm; and last, it must affect people or property that is under the jurisdiction of another state. 12
International law is progressively addressing regional and global environmental challenges. Sometimes, multilateral environmental agreements establish an international institution, body, or organization tasked with carrying out the agreement. The International Union for Conservation of Nature (IUCN) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are two notable examples.
There is international environment law which has jurisdiction all over the world like usual exercise of law and treaties like convention.
1. UN Convention on the Human environment,1972
2. Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973
3. Convention on Migratory Species ,1979
4. Montreal Protocol, 1985
5. UN Framework Convention on Climate Change, 1992
6. Convention on Biological Diversity, 1992
7. Kyoto Protocol, 1997
8. Cartagena Protocol on Biosafety, 2000
9. Paris Agreement, 2015
It is impossible to determine the exact origins of international environmental law. However, a few sources can be identified after examining how it creates laws, develops, etc. out. These include: (i) agreements; (ii) treaties; and (iii) customs.
INTERNATIONAL PRINCIPLES OF ENVIRONMENT LAW
The principles of international environmental law are the fundamentals and rules guiding the conduct of states and other international actors and their relations towards the environment. The principles over time evolved as a result of treaties, declarations, customary international law, among other sources.
- Polluter Pays Principle:
The Polluter Pays Principle is "the widely recognized idea that individuals who create pollution should pay for its management in order to protect the environment or human health." EPR stands for Extended Producer Responsibility, another name for the Polluter Pays Principle. In order to promote more ecologically friendly practices, this idea seeks to incorporate environmental costs into the costs of goods and services.
The Supreme Court of India in a noted case declared the ‘Polluter Pays’ principle means that absolute liability for harm to the environment extends not only to compensate the victims of pollution but also at the cost of restoring the environmental degradation. Remediation of the damaged environment is a part of the process of ‘Sustainable Development’ and as such polluters are liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. (Vellore Citizens Welfare Forum v. Union of India, 1966 [AIR (1996) SC 2715]: [(1996) 5 SCC 647]) 13
The Supreme Court of India in a noted case declared the ‘Polluter Pays’ principle means that absolute liability for harm to the environment extends not only to compensate the victims of pollution but also at the cost of restoring the environmental degradation. Remediation of the damaged environment is a part of the process of ‘Sustainable Development’ and as such polluters are liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. (Vellore Citizens Welfare Forum v. Union of India, 1966 [AIR (1996) SC 2715]: [(1996) 5 SCC 647]) 13
| International Recognition | EPA 2076 Provision |
| Polluter pays principle was acknowledged in the 1992 Rio Declaration, Organization for Economic Cooperation and Development (OECD) |
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- Regenerative Development Principle:
Regenerative development is an idea which moves beyond the principle of sustainability simply minimizing harm (as in sustainable development) rather than establishing ecological and social systems that are productive and flourishing. It seeks to increase living systems' ability to regenerate, change, and thrive over time. It analyzes Environments and communities as interdependent living systems with the capacity to self-organize and regenerate.
To take one example: ‘sustainable agriculture’ refers to a process of producing food that does not degrade the ecosystems on which agriculture depends. It seeks to farm in ways that keep soil erosion at ‘replacement’ levels. In this way, future generations will be able to farm the same land. This is a huge improvement over traditional, soil-erosion intensive farming, but does not go far enough. It is now technologically possible and economically competitive to produce food while simultaneously leaving the plot of land better off—to farm in ways that not only leave roughly the same amount of soil after harvest, but actually to increase the quantity and quality of soil after harvest—that is, to farm regeneratively. Regeneration builds capacity; sustainability, at best, maintains it.14
To take one example: ‘sustainable agriculture’ refers to a process of producing food that does not degrade the ecosystems on which agriculture depends. It seeks to farm in ways that keep soil erosion at ‘replacement’ levels. In this way, future generations will be able to farm the same land. This is a huge improvement over traditional, soil-erosion intensive farming, but does not go far enough. It is now technologically possible and economically competitive to produce food while simultaneously leaving the plot of land better off—to farm in ways that not only leave roughly the same amount of soil after harvest, but actually to increase the quantity and quality of soil after harvest—that is, to farm regeneratively. Regeneration builds capacity; sustainability, at best, maintains it.14
- Sustainable Development Principle:
The concept of sustainable development refers to an approach of development in which the basic requirements of the people, especially those who are struggling, can be met now without risking the capacity of future generations to fulfill their own needs. The main goal of sustainable Environmental protection is a development in this context. Sustainable development, as reflected in international agreements, encompasses at least three elements: (i) Fairness across generations; (ii) sustainable resource usage; and (iii) environmental and development integration. Its concern for the rights of both wealthy and poor countries now, and for the right of future generations to make use of the resources of the planet, also demonstrates aspects of equality and justice.
| International Recognition | EPA 2076 Provision |
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Prime Minister led national council for the execution of acts related with environmental conservation and climate change at national level in an efficient manner as mandated under section 32 of the act, whose role is to render recommendations to the Ministry for use, management, development and conservation of natural, cultural and physical resources and heritages.
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Yogi Narahari Nath vs. Prime Minister Girija Prasad Koirala and Others, NKP 2053 15
In this landmark case, the Court emphasized the principle of sustainable development by putting emphasis on the government's duty to balance developmental activities with environmental protection, cultural heritage, and biodiversity. It recognized that preservation of the environment is part of life, and any degradation of natural resources has a direct impact on human beings and other organisms. Citing the pivotal role of forests in environmental conservation and relying on Article 26(4) of the Constitution of the Kingdom of Nepal (1990), which renders protection of the environment a state policy, the Court underscored that development projects are obliged to adhere to constitutional canons and legal principles. Although not directly debated, the decision alluded to the principle of intergenerational equity, as the conservation of the environment and cultural heritage actually redounds to the benefit of future generations.
Narayan Prasad Devkota vs. Rt. Honorable Prime Minister and Prime Minister Office and Others, NKP 2067 16
Commonly known as the Chure Hill case, the writ was brought by the petitioner requesting for an order inhibiting private companies to mining of boulders, river stone from Chure Hill (Southernmost foothills of Himalayan Range in Nepal) and export to India for protection of Natural Resources. The Supreme Court held that before giving permission to any companies, the government's major and first priority is to receive consent from vulnerable and sensitive institutions such as schools, hospitals etc." However, the Court has not taken intergenerational and intragenerational equity principles into consideration here. Sand or stone mining is affecting both present and future generations equally.
- Precautionary Principle
Precautionary Principle underlies sustainable development which requires that the developmental activity must be stopped and prevented if it causes serious and irreversible environmental damage. For example, whether a certain level of air pollution will result in an increase in mortality from respiratory disease, the precautionary principle requires it is better to control that activity.
| International Recognition | EPA 2076 Provision |
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- Common but Differentiated Responsibility (CBDR) Principle
The meaning of common but differentiated responsibility is that the common goal for all states should be environmental protection, but notwithstanding, some states because of their differences in ecological systems, physical characteristics, and geographical positions might have to bear a greater burden than other states. The overall idea of this principle is that all the states have to observe and adhere to international laws on the basis of equity and according to their respective but differentiated responsibilities and capacities. This principle is just requesting nations to bear different duties for the environment.
| International Recognition | EPA 2076 Provision |
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- Principle of Parens Patriae
Parens Patriae has its origin from Latin, which means “parent of the nation”. It rests on the notion that the state should act to protect common resources because it is the sovereign owner of resources.
In the judgment of the petition filed on the land deed problem of Megamalai forest Land
The Madurai Bench of the state High court17, Tamilnadu Justice S. Srimathy invoking the
Parens Patriae jurisdiction with the interest in environmental protection, entitled legal
personhood to Mother Nature. New Zealand in 2014, under the Urewera Act section 11 declared Urewera National Park a legal entity. Under the act, courts are bound by law to maintain the environmental ecology under the New Environment Justice Jurisprudence as well under principles of Parens Patriae.
In the judgment of the petition filed on the land deed problem of Megamalai forest Land
The Madurai Bench of the state High court17, Tamilnadu Justice S. Srimathy invoking the
Parens Patriae jurisdiction with the interest in environmental protection, entitled legal
personhood to Mother Nature. New Zealand in 2014, under the Urewera Act section 11 declared Urewera National Park a legal entity. Under the act, courts are bound by law to maintain the environmental ecology under the New Environment Justice Jurisprudence as well under principles of Parens Patriae.
| International Recognition | EPA 2076 Provision |
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CONCLUSION
Law and the environment are dynamic in nature and related to each other. Environmental law can be an important tool for protecting nature, promoting sustainable and regenerative development, and making policy to punish the polluter. An effective environmental law along with government policy must be implemented, enforced, and involve the full participation of the citizens. Environmental law represents the critical need for balancing development with protecting the environment through its various components and ethical standards, such as "Polluter Pays," "Precautionary," and sustainable development. The Environment Protection Act, 2076 is an adequate legal tool for the protection, conservation and sustainability of the environment. The problem is with the effective implementation and enforcement of the act. The provision of the act has been letters, words and sentences without any meaning.
The government is lacking to justify the 25 billion 396 million funds collected from the citizens in the name of pollution control which can be utilized for research purposes as there is a lack of statistics, data and scientific research when it comes to pollution and environment. But there are some landmark cases like Ram Chandra Simkhada versus Government of Nepal (Chitwan National Park- Hulak Road Case) NKP 2019, (2076) DN 10204 18 where a court order was issued not to carry out any work related to road construction within the Chitwan National Park unless the Environmental Impact Assessment conducted in consultation and agreement with the concerned bodies including UNESCO and the Chitwan National Park Office established by law, grants permission. Despite some positive steps, it is still not enough to tackle the issues of environmental pollution in Nepal and there is a dire need of a robust legal system that could help strike a balance between environmental preservation and human advancement, improving the planet's health for future generations.
References
[1]
Kathmandu Post, Raging wildfires drive pollution surge in Kathmandu (Apr. 1, 2025), https://kathmandupost.com/climate-environment/2025/04/01/raging-wildfires-drive-pollution-surge-in-kathmandu (last visited Apr. 1, 2025).
[2]
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About the Authors
Chandani Kafle
Undergraduate law student from National Law College with keen interest in environment and development.
View all posts by Chandani Kafle
Gobinda Bikram Thapa
An undergraduate law student from National Law College with keen interest in environment and its jurisprudence. Passionate in research about Development and Environment.
View all posts by Gobinda Bikram Thapa