INTRODUCTION TO THE SOURCES OF ENVIRONMENTAL LAW

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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