By John Parker
Earth Day is an American tradition with a purpose.
Its promise remains as vital today as ever. But in countless ways, it is more important than in 1970 when the tradition started.
The benefits of protecting air and water are not always evident.
A few years ago, many people saw for the first time clear, smog-free views of Los Angeles and New York City.
Why?
Nobody had driven on their normal schedule and polluting emissions from cars and trucks plunged.
That result, however, does not have to be the exception, and should not require a pandemic and stay-at-home orders to effectuate. Electric alternatives can remove the negative impact from our trucks and cars. And they can rapidly move us into a cleaner future.
Respecting the environment is an ancient idea.
It is as old as civilization itself, with its origins in the Bible, in Roman law, and in Native American practices, among many historical traditions.
On the first Earth Day, regular citizens joined together to demonstrate in order to pressure the government into action about then-existing environmental conditions. This type of effort resulted in President Nixon signing the legislation that established the federal Environmental Protection Agency, specifically created to protect human health and the environment.
Congress acted and passed laws directing the EPA and other agencies to protect clean air and clean water. They specifically directed professionals civil servants — to carry out many responsibilities because the legislators knew that they did not have scientific or technical backgrounds to do this work. So, they required the agencies to act.
Science and data properly inform and direct the extent of these actions that Congress required.
Notice to the public and their comments, and that of business and advocates, produced our current regulatory system — burdens and all — for chemicals, clean air, water, and penalties for not following the rules. Undoubtedly, there are many areas where expectations need to be clarified and problems with the system addressed.
The rules, however, must be changed thoughtfully and with the public’s involvement, not impulsively, which can often lead to protracted litigation if there are issues and concerns with the changes.
Over fifty years after the first Earth Day, what is clear is that there is much to be done.
New challenges continue to emerge such as forever chemicals and microplastics. The data shows the significance and consequences of these problems. The facts are what they are, and they are not always what we want or hope them to be.
There are many examples of the challenges ahead. The weather is getting more extreme. More and more energy is needed to power business and prosperity. The negative environmental impacts should be met head-on and reduced as much as possible. We are hurtling forward on a collision course with a more unlivable world that will also be economically more costly to insure and for us to recover from natural disasters.
We must improve, not because it is easy and not because it is hard, but because it is necessary for our health and well-being and that of our children.
Moving forward, efforts need to be made for businesses and government to work better together. We need certainty, predictability, fairness, and positive results.
In 1968, for the first time, the NASA photo “Earthrise” showed the world as the fragile place we call home in the vastness of space.
As fragile as it is, the Earth will be fine if we do nothing. We, however, will not be fine without action.
This is why we need to protect the great outdoors, to be able to enjoy the beach, hike, and swim, and be refreshed by the clean water we drink and the clean air we breathe.
In the final analysis, protecting the environment is more than an American tradition. It must be seen as a birthright, to be sensibly and cost efficiently addressed. If we don’t act, rhetoric alone is not going to fix anything.
After all, Earth Day has always been about us. Maintaining a clean and healthy environment is the only rational choice.
John Parker serves as the Chair of the Legislation Committee of the Environmental and Energy Law Section of the New York State Bar Association and serves as the Chair of the Environment Law Committee of the Nassau County Bar Association. John specialized in environmental law at Pace University School of Law, where he earned his J.D., and received a B.S. from Cook College, Rutgers University.