Sources of Law and Environmental law Flashcards
(21 cards)
What can be said about the cases that Lawyers win and lose
They win and lose 50% of cases so it is important not to take sides as there is rarely a right answer
What does giving good advice consist of
- Listing points of view
- Defining points of law
- Applying the facts to the points of view
- Analysing facts from both sides
- Reaching a conclusion
What are three main sources of law
- UK Legislation
- Case law or Judicial precedent
- EU legislation
What can be said about the development of environmental legislation between the Alkali act and the control of pollution act
There was very little development
What was the first act of environmental legislation
Alkali act 95% HCl must be removed
What is the main legislation today
EPA90 and Environmental act 95
What concept did the EPA90 introduce
Integrated pollution control
What is the actual specification of which industrial processes are prescribed?
Delegated Legislation
How was the environmental agency formed?
integrating the regulatory functions of HMIP, NRA and the WRAs.
Her Majesty’s Inspectorate of Pollution (HMIP), the National Rivers Authority (NRA), and the local Waste Regulation Authorities (WRAs).
What is the principle aim of the environmental act
Achieving sustainable development
What are three other aims of the environmental act
(ii) Compiling information related to pollution of the environment;
(iii) Carrying out assessments of the effects of pollution on the environment;
(iv) Reporting on the options for preventing effects of pollution and on the costs and benefits of so doing
(v) Authorising and monitoring industry which comes under integrated pollution control
(vi) Drawing up guidance for prescribed processes
(vii) Registration and authorisation of premises holding and disposing radioactive materials under the Radioactive Substances Act 1993;
(viii) Establishing a national waste strategy
(ix) Controlling pollution in controlled waters
(x) Dealing with special sites under which the new statutory regime for the identification and clean-up of contaminated land which was implemented in April 2000.
What is the stated purpose of the IPPC
(i) Prevent and/or reduce emissions to air, land and water;
(ii) Prevent and/or reduce noise, odour and vibration;
(iii) Prevent and/or reduce waste;
(iv) Prevent and/or reduce environmental accidents;
(v) Remediate sites;
(vi) Conserve energy.
What drove the desire for sodium carbonate?
Industrial revolution and desire for soaps, bleaches, and dyestuffs
Describe the LeBlanc process
- Common salt was reacted with sulfuric acid in iron pans at red heat
- This produced Sodium sulfate and HCl
- Sodium Sulfate was then mixed with chalk and coke and heated in a kiln
- Sodium carbonate, clacium sulfide and unreacted coke was left
- it was washed with water to remove the sodium carbonate and then the water was evaporated off
Identify 3 waste products from the LeBlanc process
What were the implications of these wastes
CO2
HCl
CaS
HCl caused acid rain and rotted clothes and workers teeth in the factory.
The acid rain fell on farms, buildings, textiles and people
The CaS was dumped in heaps which smelt bad and gave off highly toxic H2S when acid rain fell on it
The CO2 which was not noted as a large problem at the time would have been contributing to the green house effect
Why was it not sustainable for civil law to be involved in the LeBlanc process
Mainly the only people who could bring the operators to justice were people who could afford it and so it was unfair on the working class.
The land owners were claiming that damage was being done to their land on civil law.
However the entire area around the plants were affected, so a more public law had to be made.
Which act was released as a result of the LeBlanc process
The alkali act 63
Keep HCl to 5%
What principle did this act have
The protection of the public can override private profit
Where did the value of 5% HCl come from
William Gossage filled a mill with brushwood and pumped the gas through the tower while spraying water at the top (creating a scrubbing column) and managed to reduce the HCl emmisions by 95%
What caused operators to have an incentive to make more efficient scrubbing towers
The commercial value of HCl increased the intentions to remove all of it from the waste streams and sell it
What is the legal definition of waste
Waste means any substance or object which the holder discards or intends or is required to discard
