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INTRODUCTION TO THE SOURCES OF ENVIRONMENTAL LAW
1
Environmental Law
Environmental Law2
A collection of rulesIn response to environmental problemsCoherent, sophisticated regimeRemedial rules; cleaning pollution after the
event; ensuring polluter pays / sanctions; compensation
Preventive rules; aim to stop pollution before it occurs; eg emission limits; curtailing industrial activities and uses of land; advance grant of licences; environmental assessment/ public enquiry
Environmental Law3
SourcesCommon LawLaw of TortsPrimary function to protect private rightsNegligenceNuisanceRule in Rylands v Fletcher
Environmental Law4
Limits to the Common Law in Environmental Protection
Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1ALL ER 53
Lord GoffNeed for property interestCourts restrictive of extension of liability for
environmental harmDevelopment of the law for Parliament
Environmental Law5
Cambridge Water - Lord Goff: ‘... given that so much well-informed and carefully structured legislation is now being put in place for this purpose, there is less need for the courts to develop a common law principle to achieve the same end, and indeed it may well be undesirable that they should do so.’
Parliament – structured; Courts – ad hocParliament – democratic legitimacyAllocating responsibility for environmental harm‘As a general rule, it is more appropriate for strict
liability in respect of operations of high risk to be imposed by Parliament not the courts’
Environmemtal Law6
Criminal Law; remedial control; punish the polluter
Statutory regime; EnforcementSociety’s moral condemnation of
environmentally harmful activitiesAdminstrative LawFramework legislationSecretary of StateEnvironment AgencyJudicial review
Environmental Law7
LegislationStatutes:Environmental Protection Act 1990
Parts II (Waste); IIA (Contaminated Land); III (Statutory Nuisance)
Water Resources Act 1991The Environment Act 1995Climate Change Act 2008Framework Legislation
Environmental Law8
Statutes – general broad principles
Delegated legislation – rules in order to implement
Statutory instrumentsContaminated Land (England) Regulations
2006Environmental Permitting (England and
Wales) Regulations 2010Government guidelines
Environmental Law9
European Union LawSubstantive EU environmental laws:Water Quality – drinking and bathing waterAir QualityWaste ManagementNoiseChemicalsNature
Environmental Law10
European Union environmental lawHorizontal InstrumentsProcedural; Methods by which environmental protection
achievedEnvironmental Impact AssessmentAccess to Environmental InformationEco-LabelEc0-Audit Management SystemEnvironmental Liability
Environmental Law11
International LawSustainable Development: Report of the World Commission on Environment and Development 1987The Brundtland Report ‘Development that meets the needs of the present without compromising the
ability of future generations to meet their own needs.’Climate Change; Ozone Layer; Biodiversity;Transboundary Air Pollution
Environmental Law12
Human RightsEuropean Convention for the protection of
Human Rights and Fundamental Freedoms 1950Human Rights Act 1998Charter of Fundamental Rights of the
European UnionNo Right to a Clean Environment
Environmental Law13
Increasingly becoming more proactive
New Techniques and InstrumentsEducation and InformationEconomic InstrumentsVoluntary AgreementsEmissions Trading Schemes