Environmental Challenges (Apr 2024)
Analysis of the evolution of environmental laws in Puerto Rico (1897–2021): A new classification system, trends, and political influences
Abstract
This paper aims to present a comprehensive assessment of the evolution of environmental law in Puerto Rico from 1897 to 2021. The study identifies significant legislative developments, with a surge in federal and local laws post-1960, correlating with heightened environmental awareness. Political dynamics, notably party affiliations, significantly influence the level of legal protection afforded to the environment. A new classification system is introduced to analyze laws based on ecosystem and resource protection. Distinct periods of legislative activity are identified, with federal laws predominant from 1960 to 1990 and state laws from 1990 to 2021, revealing a unique pattern of legislative ''pulses.'' Federal laws primarily address coastal ecosystems and pollution mitigation, while state laws focus on land ecosystems, reserves, and resource management. The study establishes a statistically significant correlation between the passage of time and the number of enacted laws, indicating an upward trend in environmental legislation. Additionally, it highlights the impact of political parties on lawmaking, with variations in legislative output observed under different party control scenarios. The study found that the legislative output in both the US and Puerto Rico was affected by party control. Specifically, when the Republican Party or the local Popular Democratic Party controls the House of Representatives or the Senate, the output of environmental legislation decreases. On the other hand, the study suggests that the US President's party identity has a lesser effect on enacting environmental laws. The study underscores the intricate relationship between politics and environmental policy, emphasizing the significance of political dynamics in shaping environmental law. The findings offer valuable insights for policymakers, environmentalists, and stakeholders, aiding in developing more effective strategies for sustainable development and conservation in Puerto Rico. Recommendations include utilizing the comprehensive table of environmental regulations to detect agency overlaps and investigate the correlation between legal protection and ecosystem health.
