By Chris Miller
Environmental Rights bargains new views on modern debates over rights and environmental matters. It attracts on key theories of up to date philosophers and jurists and case stories from judgements in English, ecu and US courts. It additionally examines fresh advancements inside of environmental legislation and coverage within the united kingdom and the european. particular rights of the person are tested - the precise to wash air and water, entry to info, definitely the right to take part in environmental judgements - in addition to the sensible stumbling blocks to the exercise of those rights.
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Extra resources for Environmental Rights: Critical Perspectives
J. 40 However, the case was to depend upon a constitutional point. : The oil companies could not be held to be negligent and failing in their duty to the children in complying with the requirements prescribed by the Secretary of State and approved by Parliament. If they were liable and to be restricted by injunction to limits lower than those laid down in the regulations the same would apply in all other actions which would doubtless follow so that the courts would be laying down permissible limits inconsistent with those prescribed by Parliament.
The prospect of the payment of costs has always been a powerful disincentive to private prosecutions. 53 It could be that, concerning atmospheric and aquatic discharges, easier public access to data coupled with increased media attention will force the regulatory agencies to pre-empt private intervention by pursuing their own prosecutions and placing less reliance upon extra-legal persuasion. 14 THE CONCEPT OF AN ‘ENVIRONMENTAL RIGHT’ Statutory modification of tortious liability Within the context of the notion of the ‘right to pollute’, it is necessary to make passing reference to the defence of ‘statutory authority’ in civil actions against a public body with a statutory power to perform an act, such as the disposal of waste, in which nuisance is an inevitable consequence.
65 When these regulations were scrutinised by a House of Lords select committee,66 the grounds for exempting information from disclosure was one of five areas of concern. A more serious shortcoming was associated with the status of the privatised utilities. If, as the Water Services Association argued,67 the water companies, as private bodies, fall outside the remit of the regulations (and the original directive), then the public’s right of access to information on the most widespread forms of pollution (see Chapter 5) in the United Kingdom is confined to that held by the regulatory bodies—the Drinking Water Inspectorate and the Environment Agency.
Environmental Rights: Critical Perspectives by Chris Miller