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There have been laws
in the UK to control pollution since the 1300's when parliament passed laws to
curb the smell from the River Thames polluting their own atmosphere.
Later, Charles 1st banned the use of wood to smelter sand to make glass. There
had been a rapid decline in woods to fuel the habit. This lead to a search for
another fuel and somebody found that coal could do the job even better. Coal was
found near St Helens, where glass is still made to this day. This is a fine early
example of environmental law creating business opportunities.
However, until a couple of decades ago, companies' main concern with environmental
law was being sued through civil action. This private law is essentially based
on contract. Much of the environmental case law arises from competing uses of
land. The land disputes became a mechanism of environmental protection.
The most quoted test case was Rylands v Fletcher
1865 (H 774). An escape of water from a reservoir flooded a mine. This classic
law case established that the liability for the consequences of non-natural operations
on land rests with the owner of the land. The ruling stated:
"Anyone who brings or collects and keeps on his (sic)
land anything likely to do mischief it if escapes must keep it at his peril and
if he does not do so is prima-facie strictly liable
for all that damage which is the natural consequence of its escape"
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ruling had consequences for all who pollute. The decision shows that people who
bring any "beasts, water, filth or stench" on to their land have a strict liability
to look after it. This liability has been extended to environmental water, fire,
gases, oil, chemicals, colliery spoil, poisonous vegetation, and even a chair-o-place
at a fairground. But oil from an oil tanker at sea did not qualify - because the
oil did not come from the land. |
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2/3 of companies surveyed said: "we already
go beyond the requirements of law" |
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The strict liability is a stronger requirement than trying to prove negligence.
It is not a matter of whether the owner should have foreseen that their operations
could escape. If something escapes, you are liable. The trouble was that to use
this precedent and any other common law, you had to be directly affected in order
to take a case against a company for pollution. Clearly, the environment needs
more protection than that afforded by the immediate neighbours.
In the last twenty years, there has been a major increase in UK parliamentary
environment law. It now ensures that all companies attain a minimum standard of
environmental performance. It encourages investment in environmental initiatives.
It helps to conform to initiatives from other partner organisations and play our
part in the world. Increasingly, EU directives drive
UK environment law.
| The
Environmental Agency (EA) was formed in April 1996 and combines the control of
waste (Waste Regulation Agency WRA), water (National Rivers Authority NRA)and
air (Her Majesty's Inspectorate of Pollution). |
Not for the faint hearted:
Complete UK law since 1997 http://www.hmso.gov.uk/legis.htm |
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