1-2 of 2 Results  for:

  • Keyword: nuisance x
  • Environment x
Clear all

Chapter

Cover Environmental Law

11. Private law and environmental protection  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.

Chapter

Cover Environmental Law

6. Statutory Liabilities and Remedies  

An important feature of environmental law is the creation of statutory schemes that impose liability on those that engage in environmental deleterious activity and/or require them to remediate environmental harm. This chapter discusses three different statutory regimes that exist in UK and EU environmental law which create liabilities, obligations, or provide remedies to address a range of environmentally related problems: statutory nuisance; the contaminated land regime under Part IIA of the Environmental Protection Act; and the EU Environmental Liability Directive. The chapter begins by providing a brief conceptual overview of different types of statutory liability techniques. Its aim is to give some feeling for both the conceptual complexity and the practical significance of these areas of law.