Environmental Law Flashcards
Define Environmental Law
the area of law that seeks to manage human impacts on the environment
What are the 4 principles of environmental law?
- Precautionary principle
- Preventative principle
- Polluter pays principle
- Proximity principle (rectification at source)
Name the 4 areas of environmental control
-command and control
-economic instruments
-private voluntary instruments
-criminal and civil law
What are the two types of environmental permits?
- Bespoke permits- more seriously polluting and complex activities (power stations, chemical works)
- Standard permits- standard rules quantify: types of waste ; storage ; location requirements
What are the 3 types of liability for environmental harm?
- Regulatory liability- enforcement notice
- Criminal liability- fines
- Civil liability- negligence, nuisance, trespass
Environmental law is found in what legislation/law?
UK legislation, UK common law, EU legislation, and international treaties
A key development in the use of environmental regulation in the UK was the introduction of the Clean Air Act in 1956. This legislation was introduced in response to a deadly smog in London caused by:
The use of coal as a domestic fuel
What is a criticism of traditional ‘command and control’ regulation?
It fails to encourage polluters to do any more than meet the basic requirements set within the regulation
When is public consultation not required under environmental permitting regime?
Not required for ‘variations’ to permitted activities
Under which act is The Waste Duty of Care is found?
The Environmental Protection Act 1990
Producers of pollution may use the law relating to trespass in order to prevent environmental activists from protesting on their land. The law on trespass is mainly found within
civil law
