




































AQUINNO VOLUME 4 ISSUE 3 DECEMBER 2024.cdr


RETHINKING JUSTICE IN ENVIRONMENTAL LAWS: A PHILOSOPHICAL ENQUIRY 

Valentine Ojiegbe
Department of philosophy and religion

Alex ekwueme university, 
Ndufu alike ikwo.

ogesystems2000@gmail.com. 

ABSTRACT

This paper critically examines the conceptual underpinnings and practical applications of justice 
within contemporary environmental laws. Despite significant strides in environmental 
legislation, persistent disparities and inequities challenge the efficacy of existing legal 
frameworks. Through a comprehensive analysis ofliterature, this study identifies key 
shortcomings in current approaches to justice, including the neglect of marginalized 
communities, the prioritization of economic interests, and procedural barriers to participation. 
Drawing upon theories of environmental justice and legal pluralism, it proposes a transformative 
framework centered on principles of distributive, procedural, and recognition justice. This 
framework seeks to address systemic injustices by promoting inclusivity, equity, and 
empowerment within environmental decision-making processes. By synthesizing insights from 
law, sociology, and environmental ethics, this paper offers a refinedunderstanding of justice in 
environmental contexts and provides practical recommendations for policymakers, legal 
practitioners, and scholars. Ultimately, this research aims to catalyze dialogue and act towards a 
more just and sustainable environmental governance.

Keywords: Justice, environmental laws, anthropocentrism, ecocentrism, Intergenerational 
Equity

INTRODUCTION

The Earth's ecosystem, the intricate web of life that sustains us all, is facing unprecedented rates 
of degradation. Deforestation, pollution, and climate change are pushing these vital systems 
towards a tipping point, with far-reaching consequences for biodiversity, resource availability, 
and human well-being.  In this context, the existing framework of environmental law appears 
increasingly unrealizable and inapplicable.

Justice is a fundamental principle underlying the development and implementation of laws and 
policies, including those related to the environment. In recent years, there has been increasing 
recognition of the need to ensure justice for all members of the environment, including humans 
and non-human entities. Current legal approaches often prioritize economic development and 
pollution control over ecological restoration and the intrinsic value of nature. The dominant 
'polluter pays principle' (PPP), while holding polluters accountable, focuses on remediation after 
the fact, neglecting the long-term ecological damage inflicted. Furthermore, unequal 
enforcement weakens the effectiveness of environmental laws, disproportionately burdening 
marginalized communities with the consequences of environmental degradation.

This critical juncture demands a paradigm shift in environmental justice.  Justice in this context 
extends beyond simply holding polluters responsible.  It necessitates a holistic approach that 
prioritizes ecological restoration, ensures intergenerational equity, and recognizes the inherent 
value of ecosystems.  This thesis delves into the limitations of current environmental law, 
explores alternative legal frameworks that promote ecological well-being, and proposes a path 
forward for achieving true environmental justice in the face of escalating ecosystem degradation.

125



ENVIRONMENTAL LAWS

The environment encompasses everything that surrounds us, the living (biotic) and non-living 
(abiotic) components that interact to sustain life on Earth. This intricate web includes the 
atmosphere, water, land, plants, animals, and humans (Miller, 2009). Also, Johnson et al. (1997) 
assert that the environment includes all living things in contact with one another as well as the 
climate, weather, and natural resources that have an impact on human survival and economic 
activity. However, human activity has significantly impacted this delicate balance, leading to the 
development of environmental law.

Environmental law is the collection of laws, regulations, agreements, and common law that 
govern how humans interact with their environment. This includes environmental regulations; 
laws governing management of natural resources, such as forests, minerals, or fisheries; and 
related topics such as environmental impact assessments. According to Brumby, 2013 
Environmental law is a broad field of legal principles, regulations, and agreements that govern 
human interaction with the environment. It encompasses various aspects, including:

· Pollution Control: Regulating the release of harmful substances into air, water, and land.

· Natural Resource Management: Managing forests, fisheries, and minerals to ensure 
sustainability.

· Biodiversity Protection: Safeguarding endangered species and their habitats.

· Waste Management: Promoting responsible handling and disposal of waste products.

Environmental laws are put in place to mitigate the threatening environmental problems that 
emanate from human activities in the quest for economic growth and development. The need for 
environmental control arises from the fact that it brings improved health and better living 
conditions (Adelagan, 2004). These laws can be international treaties, national statutes, or local 
regulations. They establish standards for acceptable levels of pollution, prescribe practices for 
sustainable resource use, and mandate environmental impact assessments for certain projects.

CONCEPTUALIZATION OF JUSTICE

The concept of justice, a cornerstone of philosophy and legal systems, takes on a complex 
dimension when applied to the environment. Environmental laws, while striving to protect 
ecosystems and regulate human impact, often fall short of achieving true environmental justice. 

The word Justice is derived from the Latin word “jus” meaning right or law. The Merriam-
Webster dictionary defines justice as the maintenance or administration of what is just, especially 
by the impartial adjustment of conflicting claims or the assignment of merited rewards or 
punishments. It can also be seen as the quality of being just and fair. 

Aristotle's concept of justice is grounded in his broader ethical framework, particularly in his 
work, Nicomachean Ethics. For Aristotle, justice is not merely about obeying laws or distributing 
goods fairly; it is about cultivating virtuous habits and promoting human flourishing within a 
community. Plato's concept of justice, as explored in his work, The Republic, involves harmony 
and balance within the individual and the state. He believed that justice in the individual arises 
when each part of the soul performs its proper function, with reason ruling over the spirited and 
appetitive parts. In the state, justice is achieved when each class (rulers, warriors, and producers) 
performs its designated role, with rulers governing wisely for the benefit of the whole society. 
This creates a harmonious and balanced society where everyone contributes according to their 
abilities and receives what they deserve. For Plato, justice is a moral concept rather than a legal 
one.

126

                                            Aquino Journal of Philosophy, Vol 4 Issue 3, December 2024.
ISSN: 2786-9792



Justice was defined and determined by the Christian philosophers of the Middle Ages, Saint 
Augustine (354-430) and Saint Thomas Aquinas (1225-1274), who drew upon their ethical 
framework of morals under God. According to Saint Augustine, every unjust law of man that 
conflicts with God's everlasting law ought to be disregarded since it is unjust. God's law is 
intrinsically just and lasts forever. Justice is a reflection of upholding God's natural rules, 
according to Saint Thomas Aquinas, who also focused on natural law, arguing that morality 
informs justice and that people are born with moral rights.

In the contemporary age, justice essentially refers to the acceptance and application of 
legislatively enacted legislation. Also, judicial organs play a major role in this function in the 
modern environment, unlike in ancient nations. Justice, then, usually refers to the courts' 
acknowledgment, administration, and enforcement of the law. This is not the same as how justice 
was understood in ancient times when it was assigned a moralistic and religious connotation. 
Under the influence of the contemporary philosopher, John Rawls, the term "Justice as Fairness" 
has become generally accepted in practically all social science fields. It also provides an in-depth 
explanation of the meaning of justice. Rawls presents two principles of justice in his writings. 
Firstly, every individual has an equal right to the broadest possible overall system of equal basic 
rights that is compatible with a system of liberty that is comparable for everyone. Secondly, 
according to the just savings concept, social and economic disparities should be managed so that 
they are: (i) tied to posts and offices that are accessible to everyone under fair equality of 
opportunity circumstances, and (ii) to the greatest benefit of the least advantaged, under the just 
savings concept (Rawls, 1971). 

Kant talked about how justice is like a contract, and this idea influenced Rawls. Rawls's idea of 
justice is not just about making sure people are okay, but also about making sure each person is 
treated fairly. He came up with the "Veil of Ignorance" idea to explain this. Normally, our ideas 
about fairness are shaped by who we are, like our race, gender, and background. But if we imagine 
not knowing anything about ourselves, we would want a society that's fair for everyone. Rawls 
thinks the most important rule is to make sure everyone has basic freedoms, like freedom of 
thought. He also thinks societies should make sure everyone has access to things like education 
and housing, which are positive rights.

JUSTICE AND THE ENVIRONMENT

Environmental Justice is defined by the United States Environmental Protection Agency (EPA) as 
the fair treatment and meaningful involvement of all people regardless of race, colour, national 
origin, or income, concerning the development, implementation, and enforcement of 
environmental laws, regulations, and policies.

According to Wolch, et al (2014), environmental justice is seen as the equitable exposure to 
environmental good and harm. It calls for strict enforcement of principles and mandates the right 
to ethical, balanced, and responsible uses of land and renewable resources in the interest of a 
sustainable planet for humans and other living things. Also, it requires that humans make personal 
and consumer choices to consume as little of Mother Earth's resources and to produce as little 
waste as possible; and make conscious decisions to reprioritize our lifestyles to ensure the health 
of the natural world for present and future generations.

Environmental justice focuses on the equitable distribution of environmental benefits and 
burdens. This raises questions about who has rights within the environment: just humans, or all 
living things?  What are those rights?  Do future generations have a right to a healthy planet?

Environmental law has traditionally been grounded in anthropocentrism, a view that places 
humanity at the center, valuing the environment primarily for its utility and benefit to humans. 

127

Valentine Ojiegbe                                Rethinking Justice In Environmental Laws: ...



This perspective informs regulations focused on sustainable resource management, pollution 
control, and economic valuations of ecosystem services (Moore, 2015). While these regulations 
have played a crucial role in curbing environmental degradation, they fail to fully address the 
question of who has rights within the environment.

Gilfford who supports anthropocentrism believes that unlimited human progress is possible 
through the exploitation of nature's infinite resources. Also, Francis Bacon posits that “we must 
torture the nature's secret from her, this view considers man separate and superior to nature,it 
considers nature as an inert machine, infinitely divisible and moved by external rather internal 
forces. We reduce things to mere nature, because nature is the name for what we have, to some 
extent, conquered (Lewis 1953). Within the anthropocentric framework, environmental laws are 
designed to protect human well-being, including health, safety, and economic prosperity, often at 
the expense of non-human species and ecosystems (Gardiner, 2004). This utilitarian perspective 
justifies environmental policies based on cost-benefit analysis and trade-offs between human 
interests and ecological integrity (Sagoff, 1988).

However, ecocentrism challenges this anthropocentric view. Ecocentrists argue that nature has 
intrinsic value, existing independently of its usefulness to humans (Goodland, 1995). Devall et al. 
(1985) assert that non-human nature has intrinsic value apart from its contribution to human 
development, and man is not separate or superior from nature but takes place in nature's system, 
therefore man's development should be sought only insofar as it does not infringe on the integrity 
of natural ecosystems. Ecocentric theories, such as deep ecology and biocentrism, emphasize the 
interconnectedness and interdependence of all living beings and ecosystems, advocating for a 
holistic and inclusive approach to governance (Naess, 1973). From an ecocentric perspective, 
environmental laws should prioritize the protection and preservation of biodiversity, ecological 
integrity, and the intrinsic value of nature, regardless of their instrumental value to man.

Also, this perspective suggests that environmental laws should not just protect human well-being, 
but also the inherent value of ecosystems themselves. The concept of "rights of nature," gaining 
traction in legal movements, proposes granting legal personhood or guardianship to ecosystems 
themselves, allowing them to be represented in court and protected from harmful activities 
(Cornel Law School, 2023).

The concept of rights of nature raises intriguing questions about the specific rights the 
environment might possess. These rights could encompass the right to exist, thrive, and evolve 
naturally, free from human-caused degradation (Bingham, 2014). Granting such rights would 
necessitate establishing mechanisms for enforcing these rights, potentially through legal 
guardians or designated representatives. Some scholars propose the establishment of rights such 
as the right to clean air, water, and food, which are essential for human well-being (Bullard & 
Johnson, 2000). Additionally, the recognition of rights for non-human entities, such as the right to 
habitat preservation and freedom from exploitation, is gaining traction within environmental 
discourse (Cafaro & Primack, 2018).

By recognizing the inherent rights of nature, ecocentrism offers a broader framework for 
environmental justice that includes the well-being of all living things, not just humans.

DIMENSIONS TO ENVIRONMENTAL JUSTICE

i. Distributive Justice: Focuses on the equitable distribution of environmental benefits and 
burdens. It challenges the unequal distribution of environmental risks and harms, 
particularly in low-income and minority communities. This dimension raises questions 
about access to clean air, water, and land, as well as the fair distribution of environmental 
amenities like parks and green spaces.

128

                                            Aquino Journal of Philosophy, Vol 4 Issue 3, December 2024.
ISSN: 2786-9792



ii. Procedural Justice: Emphasizes the importance of meaningful public participation in 
environmental decision-making. This includes access to information, the right to be 
heard, and the ability to influence decisions that affect one's environment and well-being. 
It also entails transparency and accountability in environmental governance.

iii. Corrective Justice: Addresses the need to hold polluters accountable for environmental 
damage and to compensate victims for their losses. This dimension encompasses legal 
mechanisms such as liability for environmental harm, remediation efforts, and 
compensation for communities affected by pollution.

iv. Restorative Justice: Focuses on healing environmental harms and restoring damaged 
ecosystems. It emphasizes the importance of ecological restoration projects, as well as the 
role of indigenous knowledge and traditional ecological practices in environmental 
management.

APPLICABILITY AND CHALLENGES IN ENVIRONMENTAL LAWS

The efficacy of environmental laws in delivering justice has been a subject of debate and scrutiny. 
As we confront pressing environmental challenges, it's imperative to reassess the applicability 
and effectiveness of these laws in achieving equitable outcomes. Environmental laws are 
designed to regulate human activities that impact the environment, ranging from pollution control 
to natural resource management. However, their applicability can vary significantly across 
different regions and contexts due to several influencing factors: 

i. Enforcement Capacity: The ability of governments and regulatory bodies to enforce 
environmental laws is crucial for their applicability. In many developing countries, 
limited financial and human resources hinder effective enforcement. For instance, 
agencies may lack the personnel needed to monitor compliance or the technical expertise 
to assess environmental impacts accurately (Gunningham & Sinclair, 1999). This can 
lead to widespread non-compliance and environmental degradation, as seen in countries 
with rampant deforestation due to illegal logging (Kaimowitz, 2003).

ii. Political Will: Political commitment to environmental protection varies widely and 
significantly influences the applicability of environmental laws. In some regions, 
political leaders prioritize economic growth and development over environmental 
conservation, weakening the implementation of environmental regulations. For example, 
despite robust environmental laws in Brazil, political and economic pressures have often 
led to the relaxation of these laws to favour agricultural expansion and mining, 
exacerbating deforestation in the Amazon (Bratman, 2019).

iii. Socio-Economic Disparities: Socio-economic disparities can affect how environmental 
laws are applied and perceived. In marginalized communities, the lack of access to legal 
resources and political representation can impede the enforcement of environmental laws, 
perpetuating environmental injustices. Communities of color and low-income 
populations in the United States, for instance, often face higher exposure to 
environmental hazards due to the inequitable application of environmental regulations 
(Bullard, 1993).

iv. Intersectionality with Social Justice Concerns: The intersectionality of environmental 
issues with other social justice concerns, such as race, class, and gender, requires a more 
nuanced understanding of the applicability of environmental laws. Environmental justice 
frameworks highlight how these intersecting issues influence the distribution of 
environmental benefits and burdens. For example, Indigenous communities frequently 
face disproportionate environmental impacts from industrial activities due to historical 

129

Valentine Ojiegbe                                Rethinking Justice In Environmental Laws: ...



and ongoing injustices (Whyte, 2018).

v. Gap between Legal Mandates and On-the-Ground Realities: One of the primary 
challenges is the gap between the legal mandates of environmental laws and the realities 
of their implementation. Laws may be well-intentioned, but without adequate 
enforcement and compliance mechanisms, they often fail to produce the desired 
outcomes. This gap can result from insufficient funding for environmental agencies, lack 
of trained personnel, and political interference (Bennear & Coglianese, 2005).

vi. Inadequate Enforcement Mechanisms: Enforcement mechanisms are often 
inadequate, leading to non-compliance and impunity among polluters. Regulatory 
agencies may struggle to enforce laws effectively due to bureaucratic inefficiencies, 
corruption, and lack of transparency. For instance, in many countries, industrial facilities 
continue to violate pollution standards with little fear of repercussions due to weak 
regulatory oversight (Dasgupta et al., 2001).

vii. Complex and Transboundary Nature of Environmental Problems: The complex and 
transboundary nature of many environmental problems necessitates a more holistic and 
collaborative approach to law enforcement and policy implementation. Environmental 
issues such as climate change, biodiversity loss, and water pollution often cross national 
borders, requiring coordinated international efforts. However, existing environmental 
laws are typically designed to address local or national issues, making it challenging to 
manage transboundary environmental impacts effectively (Young, 2002).

viii. Public Participation and Transparency: Enhancing public participation and 
transparency in environmental decision-making processes can improve the effectiveness 
of environmental laws. When communities are actively involved in shaping and 
monitoring environmental policies, there is a greater likelihood of achieving equitable 
and sustainable outcomes. The Aarhus Convention, which grants the public rights to 
access information, participate in decision-making, and seek justice in environmental 
matters, exemplifies how increased transparency and participation can strengthen 
environmental governance (Stec & Casey-Lefkowitz, 2000).

INTERGENERATIONAL EQUITY: A MORAL OBLIGATION TO THE FUTURE

Expanding the circle of moral consideration in environmental justice necessitates extending our 
focus beyond the present generation. Intergenerational equity emphasizes our moral obligation to 
ensure future generations inherit a healthy planet capable of sustaining life. This principle calls 
for environmental decision-making that prioritizes long-term ecological well-being over short-
term economic gains.

Consideration of intergenerational equity challenges the anthropocentric tendency to prioritize 
immediate economic benefits over the long-term health of the planet. Discounting the needs of 
future generations leads to unsustainable practices like resource depletion and pollution n for 
short-term economic growth. Intergenerational equity compels us to factor in the long-term 
consequences of our actions and adopt environmental practices that ensure a viable future for all 
generations to come.

The dialogue surrounding environmental justice extends beyond competing theories of rights. 
Ecological economics offers a valuable framework for integrating ecological values into 
economic decision-making. Traditional economic models often fail to capture the full value of 
ecosystem services, leading to environmental degradation and resource depletion (Costanza et 
al., 2012). Ecological economics advocates for including the intrinsic value of nature in economic 
calculations, taking into account the long-term consequences of environmental decisions. By 

130

                                            Aquino Journal of Philosophy, Vol 4 Issue 3, December 2024.
ISSN: 2786-9792



internalizing the true costs of environmental degradation, ecological economics can incentivize 
sustainable practices and inform policy decisions that promote environmental justice for present 
and future generations.

 Developing sustainable economic strategies that align with environmental protection can help 
balance economic growth with ecological preservation. This includes supporting green jobs and 
industries that do not harm vulnerable communities. To achieve this integration, policymakers 
must prioritize investments in renewable energy, sustainable agriculture, and clean technologies. 
By transitioning towards a circular economy that minimizes waste and maximizes resource 
efficiency, we can reduce our ecological footprint while promoting economic prosperity.

THE WAY FORWARD 

Moving forward, it is imperative to adopt a multifaceted approach to rethinking justice within 
environmental laws. This approach should incorporate principles of distributive, procedural, and 
participatory justice to ensure that environmental regulations not only mitigate harm but also 
promote fairness and equity among all stakeholders.

Firstly, integrating distributive justice principles entails considering the equitable distribution of 
environmental benefits and burdens across different communities, particularly those 
disproportionately affected by environmental degradation. This can be achieved through 
measures such as environmental impact assessments that assess the potential effects of proposed 
projects on vulnerable populations and ecosystems.

Secondly, procedural justice must be upheld by ensuring transparency, accountability, and 
inclusivity in the decision-making processes related to environmental policies and regulations. 
This involves providing meaningful opportunities for public participation, fostering dialogue 
between stakeholders, and incorporating diverse perspectives into policy development.

Lastly, promoting participatory justice necessitates empowering marginalized communities and 
indigenous groups to actively engage in environmental governance and decision-making 
processes. This requires recognizing and respecting their traditional knowledge, rights, and 
cultural practices, and fostering collaborative partnerships based on mutual respect and trust.

Furthermore, fostering interdisciplinary collaboration between legal scholars, environmental 
scientists, policymakers, and grassroots activists is essential for developing innovative solutions 
that address the complexities of environmental justice. By harnessing the collective expertise and 
insights of diverse stakeholders, we can advance a more holistic and inclusive approach to 
environmental law that prioritizes justice for both present and future generations.

CONCLUSION

In conclusion, the pursuit of justice within environmental laws requires a fundamental re-
evaluation of existing frameworks to address the interconnected challenges of environmental 
degradation, social inequality, and systemic injustice. By integrating principles of distributive, 
procedural, and participatory justice into environmental governance, we can create a more 
equitable and sustainable future for all.

However, achieving this vision will require concerted efforts from governments, civil society, 
and the private sector to overcome entrenched power dynamics, institutional barriers, and 
resistance to change. It will also necessitate a shift in mindset from viewing environmental justice 
as an optional addendum to recognizing it as a foundational principle that underpins the integrity 
and effectiveness of environmental laws.

Ultimately, rethinking justice in environmental laws is not only a legal imperative but also a moral 

131

Valentine Ojiegbe                                Rethinking Justice In Environmental Laws: ...



imperative that demands collective action and solidarity across borders, generations, and social 
identities. By centering justice in our approach to environmental governance, we can build a more 
resilient and inclusive society where the rights of all beings, human and non-human alike, are 
respected and protected.

REFERENCES
Adelegan, J. A. (2004). The history of environmental policy and pollution of Water Sources in 

Nigeria (1960 – 2004): The way forward. Department of Civil Engineering University 
of Ibadan, Ibadan, Oyo State, Nigeria.

Aristotle. (2007). Nicomachean Ethics. Aristotle's Collection 29.  W.D. Ross Transl. Kindle 
Edition.

Boyd, J. (2017). Environmental rights revolution: Law of the ecosphereand the commons. 
Routledge.

Bullard, R. D. (2000). Dumping in Dixie: Race, class, and environmental justice. Routledge.
Bullard, R. D. (1990). Avoiding environmental racism: Alternative approaches to planning 

and zoning. Covelo, CA: Island Press
Cardinale, B. J., Duffy, J. E., Gonzalez, A., Hooper, D. U., Perroni, C., Gamfeldt, M., ... & 

Loreau, M. (2012). Biodiversity loss and its impact on humanity. Nature, 486: 59-67.
Chess, C., & Purcell, K. (1999). Public participation and the environment: Do we know what 

works? Environmental Science & Technology, 33: 16.
Cornel Law School. (2023). The Center for Environmental Sustainability: Rights of Nature. 

https://classes.cornell.edu/browse/roster/FA23/class/LAW/4330

Costanza, R., de Groot, R., van der Ploeg, S., et al. (2014). Changes in the global value of 
ecosystem services. Global Environmental Change, 26: 152-158.

Costanza, R., Kubiszewski, I., Martinez, N., Mooney, H. A., Norma, L., Ricketts, T., Tallis, H. 
(2012). Global monetary values of ecosystem services such as pollination, soils, and 
water. Ecological Economics, 81: 149-157.

Devall, B., and Sessions, G., (1985). Deep Ecology: Living as if Nature Mattered, Salt Lake 
City: Peregrine Smith. 1996. “Lewis Mumford, the Forgotten American 
Environmentalist: An Essay in Rehabilitation”, in D. Macauley (ed.), Minding Nature: 
The Philosophers of Ecology, New York: Guilford Press.

Earth Law Center. (2023). The Community Rights Movement.  
https://www.earthlawcenter.org/

Houghton, R. A. (2003). Replacing forests with crops and grazing cattle as a source of 
atmospheric CO2. Ambio, 32(6), 398-400.

Lewis, D. K. (1989). “Dispositional Theories of Value”, Proceedings of the Aristotelian 
Society (Supplementary Volume), 63: 113–37.

Montgomery Hitchcock, F. R. (1922). St. Augustine's treatise on the City of God.
Organization for Economic Co-operation and Development. (1972). Guiding principles 

concerning international economic aspects of environmental policies. OECD.
Rawls, J. (1971). A theory of justice. The Belknap Press of Harvard University Press.
Sagoff, M. (1984). “Animal Liberation and Environmental Ethics: Bad Marriage, Quick 

Divorce.” Osgoode Hall Law Journal, 22: 297–307.
World Commission on Environment and Development. (1987). Our common future. Oxford 

University Press
United States Environmental Protection Agency “Environmental Justice”. Available at 

https://www.epa.gov/environmentaljustice (accessed 15 September 2020).

132

                                            Aquino Journal of Philosophy, Vol 4 Issue 3, December 2024.
ISSN: 2786-9792

https://classes.cornell.edu/browse/roster/FA23/class/LAW/4330
https://www.earthlawcenter.org/
https://www.epa.gov/environmentaljustice

