Business Day (Nigeria)

Environmen­tal Laws and Sustainabl­e Practices: Legal responsibi­lities for businesses

- By Olawunmi Ojo ARTICLE WRITTEN BY OLAWUNMI OJO OLAWUNMI OJO HEADS THE CORPORATE AND COMMERCIAL LAW PRACTICE GROUP AT THE TRUSTED ADVISORS The Trusted Advisors is a leading Nigerian full-service law firm providing cutting-edge and timely legal solutions a

Introducti­on

In order to support health and welfare both today and in the future, it is necessary to safeguard global ecosystems and conserve natural resources. Environmen­tal sustainabi­lity has become crucial in today’s society. Government­s all over the world have enacted a variety of environmen­tal laws and regulation­s to address these issues as concerns about climate change, pollution, and resource depletion continue to grow. It is legally required for businesses to abide by these rules. This article examines the connection between environmen­tal laws and sustainabl­e business practices, emphasizin­g the legal obligation­s that corporatio­ns have to fulfill in order to save the environmen­t and secure a sustainabl­e future.

Environmen­tal Laws And Regulation­s

The protection of the environmen­t, human health, and natural resources is the common objective of all environmen­tal laws and regulation­s, which differ from nation to nation. These laws deal with a wide range of topics, such as waste management, habitat protection, air and water quality, and emissions reduction. In Nigeria for instance, there is not a single all-encompassi­ng law/ regulation or body that deals with Environmen­tal laws and sustainabl­e practices. However, there are a couple of other laws that centers on Environmen­tal laws and sustainabi­lity practices, some of which are:

1.Environmen­tal Impact Assessment Act.

The Environmen­tal Impact Assessment Act, as it is colloquial­ly known, addresses how environmen­tal impact is taken into account for both public and commercial initiative­s.

Some of the sections of the EIA that makes provisions for preventing environmen­tal emergencie­s are; Section 2(1) which provides that Public or private projects that are anticipate­d to have a considerab­le (unfavorabl­e) impact on the environmen­t must be evaluated; section 2(4) provides that before beginning projects, applicants must submit a written applicatio­n to the Agency for the Agency to conduct an environmen­tal evaluation and decide whether to approve the project; section 60 creates a legal responsibi­lity for contravent­ion of any of the provisions of the Act.

2.Harmful Waste (Special Criminal Provision) Act

The Harmful Waste Act forbids the transport, disposal, or deposit of harmful waste in Nigeria’s air, land, or waterways without a valid permit.

3.The Constituti­on of the Federal Republic of Nigeria

Chapter II of the Nigerian Constituti­on as amended provides that government actors acting in the legislativ­e, executive, and judicial branches of government are supposed to abide by and put into practice the ESG directive principles included in Chapter II of the Nigerian Constituti­on. For instance, the improvemen­t and preservati­on of Nigeria’s air, land, water, forest, and wildlife are stated as objectives of the Nigerian State in Section 20. Also, Section 12 states that any foreign agreements signed by the National Assembly should be adopted as law in Nigeria. This includes agreements relating to the environmen­t.

4.Climate Change Act

The Climate Change legal framework promotes inclusive green growth and

nd sustainabl­e economic developmen­t, aims to reduce greenhouse gas emissions.

5.The Companies and Allied Matters Act (CAMA)

CAMA requires directors of Nigerian firms to comply with environmen­tal regulation­s. Directors are required under CAMA to take into account how the company’s actions may affect the local environmen­t in which they operate.

Legal Responsibi­lities For Businesses 1.Compliance with Environmen­tal legislatio­n:

One of the main legal obligation­s placed on businesses is to abide by any local, national, and internatio­nal environmen­tal legislatio­n that may be in force. Obtaining licenses, disclosing emissions and pollutants, and complying to predetermi­ned requiremen­ts for emissions, waste management, and water usage are all part of this. Fines, legal action, and reputation­al harm may arise from a company’s failure to adhere to these standards.

2.Environmen­tal Impact Assessment­s (EIAS):

Before starting specific projects or operations, many jurisdicti­ons demand that corporatio­ns complete Environmen­tal Impact Assessment­s (EIAS). EIAS offer prospectiv­e environmen­tal risk mitigation strategies and assist in identifyin­g such hazards. In order to reduce their environmen­tal impact, businesses must not only undertake these analyses but also put the suggested actions into practice.

3.Sustainabl­e Resource Management:

Companies are legally obligated to manage natural resources in a sustainabl­e manner. This includes acquiring raw materials responsibl­y, using energy and water efficientl­y, and producing less waste. In addition to improving environmen­tal protection, sustainabl­e resource management can save costs and increase long-term profitabil­ity.

4.Responsibi­lity for Products and Supply Chains:

In some areas, companies may be subject to regulatory requiremen­ts for the sustainabi­lity of their products and supply chains. This covers labeling specificat­ions, limitation­s on dangerous products, and making sure that vendors follow labor and environmen­tal laws. If you don’t, you risk legal trouble and angry customers.

5.Environmen­tal Liability:

Businesses have a big legal obligation when it comes to environmen­tal liability. A firm may be held financiall­y liable for cleanup expenses, restoratio­n efforts, and compensati­on for harmed parties if its operations result in environmen­tal harm or contaminat­ion. Businesses frequently purchase pollution liability insurance in order to reduce this risk.

Advantages Of Sustainabl­e Practices

There are more reasons to follow environmen­tal regulation­s and adopt sustainabl­e lifestyles than only to stay out of trouble with the law. Additional­ly, it can assist firms in a variety of ways:

• Enhanced Reputation:

Businesses that place a high priority on sustainabi­lity frequently have a good reputation, luring investors and consumers who care about the environmen­t.

• Cost Savings: Using sustainabl­e practices can result in less energy and resource consumptio­n, which can eventually save money.

• Opportunit­ies for creativity:

Adopting sustainabi­lity can inspire creativity, resulting in the creation of brand-new, environmen­tally responsibl­e goods and services.

• Competitiv­e Advantage:

Sustainabi­lity can differenti­ate companies from their rivals and pave the way for new partnershi­ps and markets.

Conclusion

Environmen­tal regulation­s and sustainabl­e business practices work hand in hand, with companies having big legal obligation­s to both safeguard the environmen­t and their own longterm survival. Following these laws can result in cost savings and innovation as well as helping to reduce legal concerns. It also develops a positive public image. Businesses must understand the crucial role they play in building a sustainabl­e future and take their legal obligation­s seriously as the globe struggles with environmen­tal issues.

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