Ways to factor in pollution costs

Ifnn- Air pollution and climate change have now become among the most pressing national challenges in Iran. Specialized reports from the Ministry of Health indicate that thousands of people die annually due to diseases caused by air pollution. A large portion of this pollution stems from vehicles lacking proper standards, low-quality fuel, heavy industries, and power plants. In this context, how can citizens claim their right to a healthy environment and sustainable living? Although the government, through its environmental arm, has imposed levies on polluting sources, the scale and method of payment have largely undermined their deterrent effect. This article seeks to examine the pathways provided in higher-level laws—including the Constitution, the Supreme Leader’s environmental policies, and instruments rooted in Shi’a jurisprudence—through which citizens can ethically and legally demand compensation from polluters.

۱. Higher-Level Laws and Legal Framework

One of the most important tools for defending citizens’ rights in any country is its constitution. Fortunately, the Constitution of the Islamic Republic of Iran pays considerable attention to environmental issues. Article 50 declares environmental protection a public duty and prohibits polluting activities. For example, if a factory near an industrial city such as Tehran burns heavy fuels and causes severe air pollution, citizens may invoke Article 50 to demand cessation or reform of polluting processes.

Additionally, the Civil Liability Act of 1959, which stipulates that anyone causing harm to another must compensate for it, provides another powerful instrument for pursuing environmental rights. For instance, farmers whose lands are contaminated by industrial wastewater can file a lawsuit against the polluting factory under this law.

Another legal safeguard is the Environmental Protection and Enhancement Act of 1974 (amended in 1992), which defines the duties of the Department of Environment in preventing and combating pollution. Under this law, the Department can halt the operations of a factory discharging polluted wastewater into rivers. More recently, the Clean Air Act of 2017 obliges industries and executive bodies to comply with emission standards. Automakers, for example, are required to produce vehicles meeting Euro 4 or Euro 5 standards, and violations entail civil and criminal liability.

۲. Responsibilities of Governmental Organizations

The Department of Environment is perhaps the most critical institution in addressing pollution. Its duties include online monitoring of industrial emissions, imposing fines, halting polluting activities, and facilitating pollution control measures. For example, it must require a cement factory exceeding permissible emission levels to install filters and control equipment, while maintaining strict oversight.

The Ministry of Industry and automakers are also obliged to produce standard vehicles and reduce emissions. Manufacturing cars without proper emission standards results in civil and criminal liability for automakers.

The Ministry of Petroleum likewise bears significant responsibilities, including supplying consumers with fuel that meets quality standards. Distributing gasoline or diesel with sulfur or benzene levels above permissible limits (e.g., maximum 1% benzene under EN 228 and ASTM D 1319 standards) can serve as grounds for citizen lawsuits.

۳. Specialized Reports from Health and Industry Authorities

The Ministry of Health, as the primary authority on public health, has repeatedly issued specialized reports on environmental conditions and their impact on citizens’ health. These reports show that air pollution has become one of the most serious public health threats in major cities, causing thousands of premature deaths annually. The crisis not only reduces quality of life but also imposes heavy costs on the healthcare system and the national economy.

Studies reveal that pollution sources are not equally responsible. Contrary to popular belief, passenger cars account for only part of the problem. Thermal and combined-cycle power plants contribute about 40%, while heavy industries such as cement and steel account for nearly 20%. Passenger cars make up less than 20%. This explains why pollution levels remain high even on holidays when traffic decreases—because power plants and industries continue operating. Effective solutions therefore require serious energy and industrial policies, not merely traffic management.

۴. Shi’a Jurisprudential Approaches

In Iran, all laws are rooted in Shi’a jurisprudence. Citizens, in addition to legal pathways, may consult religious scholars and jurists regarding the moral responsibility of polluting industries or the government. Such consultations can lead to fatwas that provide ethical and social support for public demands. Fatwas often rely on fundamental principles such as haqq al-nas (people’s rights) and la darar (no harm), and may even be cited in public discourse or judicial proceedings.

For example, if a factory’s pollution causes widespread illness in a city, a fatwa declaring this a violation of haqq al-nas could exert significant social and moral pressure on managers and the government. The principle of la darar emphasizes that no one has the right to harm others, obliging polluters to compensate damages. Haqq al-nas frames public health as a collective right, and pollution from vehicles or fuel as an infringement of that right. Jurisprudential rules also treat the destruction of natural resources or harm to public health as waste of public wealth, which entails liability.

Thus, Shi’a jurisprudence provides practical tools for confronting environmental crises. For instance, low-quality fuel causing widespread illness is not only a violation of national law but also a breach of haqq al-nas, creating both legal and moral responsibility for polluters and authorities. This approach links religious ethics, public rights, and social justice, strengthening citizens’ demands.

۵. Legal Pathways for Citizens

Citizens can pursue multiple legal and judicial avenues to confront air pollution and its consequences. One option is filing individual or collective lawsuits in public courts against polluting industries or units, enabling them to claim compensation for direct damages.

The Department of Environment, as the specialized authority, is also responsible for receiving reports of environmental violations and referring them to the judiciary. Citizens can assist by submitting documentation. Furthermore, international law—recognized by the Islamic Republic of Iran—can serve as a tool for asserting citizens’ rights against the government and industries. These international instruments not only remind states of their obligations to reduce pollutants but also provide legal and ethical support in litigation.

Finally, payment of pollution levies by industries or executive bodies does not absolve them of responsibility toward citizens. Iranian citizens may invoke national laws (Article 50, Civil Liability Act, Clean Air Act), Department of Environment regulations, and Shi’a jurisprudential principles to sue polluters and obtain compensation. Combining domestic legal instruments, specialized reports, and social advocacy can compel polluters to accountability and restitution, paving the way toward sustainable development and a green economy.

Note: Some information was collected and the initial writing of the article was done with the help of artificial intelligence.

Source: Green Production Site