Environmental Justice and Climate Accountability: A Comparative Legal Analysis of Environmental Protection, Vulnerable Communities and Climate Governance in India and the United States

Abstract

Environmental degradation and climate change have emerged as major legal and governance challenges, particularly for communities that experience disproportionate environmental burdens. Environmental justice seeks to address the unequal distribution of environmental risks, benefits, and decision-making opportunities. This article comparatively examines the legal approaches to environmental justice and climate accountability in India and the United States. It focuses on constitutional and statutory environmental protections, regulatory institutions, environmental impact assessment, public participation, climate litigation, governmental responsibility, and remedies available to affected communities. In India, environmental protection has developed significantly through constitutional interpretation, public interest litigation, principles such as sustainable development, the precautionary principle and the polluter pays principle, as well as specialized environmental adjudication. In the United States, environmental protection operates through a combination of federal environmental statutes, administrative regulation, judicial review, and environmental-justice initiatives. The article argues that despite substantial differences between the two legal systems, both jurisdictions face challenges concerning implementation, accountability, unequal environmental burdens, and access to effective remedies