Pollution: The What of Biodiversity Loss

Authors

Andrew W. Torrance, University of Kansas School of LawFollow
Bill Tomlinson, University of California, IrvineFollow

Document Type

Article

Abstract

This Article examines the damage to biodiversity caused by anthropogenic pollution at all levels—to the biosphere, to ecosystems, to communities, to populations, and to individual organisms. It also analyzes pollution control laws across the globe and their efficacy in mitigating or preventing harm to biodiversity. The analysis covers all forms of pollution—air, water, and land—that threaten biodiversity, noting both improvements and ongoing challenges in different regions. The Article provides a comparative study of diverse jurisdictions, including North America, Europe, Oceania, and Asia. It scrutinizes pivotal legislation such as the United States’ Clean Air Act, the UK’s Environment Act, and the EU’s Clean Air Policy, evaluating their strengths and shortcomings. The examination extends to international agreements such as the Stockholm Convention on Persistent Organic Pollutants and the International Convention for the Prevention of Pollution from Ships, assessing their role in promoting global cooperation to protect biodiversity. Drawing on this comparative analysis, the Article identifies effective practices and innovative strategies in pollution regulation. It advocates for more far-reaching and holistic approaches to pollution control, improved monitoring and enforcement mechanisms, and enhanced international coordination of standards. The potential of market-based instruments, of which there are emission trades and pollution taxes, is explored through the lens of various national experiences as well. This Article concludes by proposing novel international frameworks for comprehensive pollution management aimed at preventing harm to biodiversity. This framework aims to address emerging contaminants, integrate current scientific knowledge on pollution’s impacts, and establish mechanisms for technology sharing and capacity development across nations. By synthesizing global approaches to pollution control, this Article helps develop more effective, more equitable, and more sustainable strategies for biodiversity protection at all levels.

DOI

10.37419/JPL.V11.I4.4

First Page

643

Last Page

672

Recommended Citation

Andrew W. Torrance & Bill Tomlinson, Pollution: The What of Biodiversity Loss, 11 Tex. A&M J. Prop. L. 643 (2025).
Available at: https://doi.org/10.37419/JPL.V11.I4.4