Disadvantages of legislation
The fate of environmental litigation in Budden v BP Oil and Shell Oil (1980) 124 SJ 376 amply demonstrates the inherent difficulties of actions in nuisance and negligence for damage suffered as a result of environmental harm. The plaintiff claimed damages, alleging nuisance and negligence, for harm alleged to have been suffered as a result of lead pollution caused by emissions from petrol during the refining process. The defendants applied to have the action struck out as disclosing no reasonable cause of action. It was clear from the evidence that the plaintiff had suffered no more harm than any other small child living near a main road might suffer and thus no claim in nuisance could lie. The court of appeal rule accepted the argument put forward by the defendants that they had complied with the relevant statutory provision under the Control of Pollution Act 1974 thus the statutory standard establishes the common law standard. Thus the action in negligence also failed because the defendant companies had at all times complied with the regulations laid down by the secretary of state under the Control of Pollution Act 1974. This case shows how legislation can have an adverse effect on pollution control because if legislation sets a certain standard that turns out to be too great and leads to environmental damage then the
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Where one has a limitation the other can often provide a solution. Overall there have been cases which could have developed the common law such as the Cambridge water case but as stated in Wolf and Stanley 2010 it would be unfair and to penalise people and impose retrospective liability for operation there were considered normal at the relevant time and in my opinion it simply wouldn’t be
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
Exxon/Mobil, one of the nation’s leading oil producers, has its main refinery located in Beaumont, Texas. Each year, the residents of Beaumont/Port Arthur have to contend with the 39,000 pounds of pollution spewed each year by the Exxon refinery. Exxon’s emissions are 385% above the state refinery average. In 1999, the Texas Natural Resources Conservation Committee (TNRCC) allowed the plant to increase their emissions, without allowing the public to have a say in the matter. Interestingly, 95% of the people living near the plant are of African American descent and are in the poverty range. Some believe that this, along with the lack of education in the area, allows Exxon to get away with such high emissions. Residents in nearby neighborhoods have been complaining of headaches, nausea, eye, and throat irritation for years. Since 1997, Mobil has repeatedly violated health standards in its emissions of two key air pollutants: sulfur dioxide and hydrogen sulfide, These “rotten egg” smells are so strong, one can smell it through a car driving past the refinery. After numerous complaints and one record of a refinery worker becoming unconscious because of the fumes, the EPA awarded Exxon with a $100,000 environmental justice grant in October of 1998. Hopefully, Exxon has put the money to good use and cleaned up their emissions.
After the Declaration of Independence, U.S. became a nation but didn 't have a government to guide the nation. People, the early settlers, suffered by the excessive power of the Monarch so they wanted to incorporate the ideas of ordered government, limited government, and the representative government. Based on these ideas the Article of Confederation was created. Although it was too weak and inadequate to manage all of the states. As the weakness became palpable, the nation required stronger government system and that 's when the Constitution was created as it saved the nation from the crisis. One thing that made the creation of the Constitution possible was the Great Compromise, which was
Texas politics is an interesting ecosystem of power, rules and regulations. Of course, in typical Texas fashion, most of the politics we engage in we do our own way. From governors who stay in office for a decade to our extremely diverse demographics, Texas is extremely unique. This uniqueness of course comes with its critics, benefits, and downsides. This is particularly true with the Texas Court system compared to both the federal courts and many other states.
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
We would like to begin by discussing the evolution of what will become known as the EBR. The first idea of having a statute that would provide people with environmental rights can be traced back to American law. The first of such laws was the Michigan Environmental Protection Act (MEPA) of 1970 which was seen as a “lean, mean, green, right to sue” (Lindgren, 2010). It was the work of the then University of Michigan law professor Joseph Sax (Emond, 1994). He had previously thought up the idea for an environmental rights act in his book, Defending the Environment (Emond, 1994). The idea was quickly taken up by environmentalists in Canada, especially by the Canadian Environmental Law Association (CELA) (Emond, 1994). Soon...
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
The case of Van Gend en Loos (1963)[3] was the first in a long line of
Soledad, A. (2012). UNEP: World Congress on Justice, Governance and Law for Environmental Sustainability. Environmental Policy and Law, 42(4/5), 204-205. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1239086063/fulltextPDF/938578CF70664516PQ/3?accountid=28180
Ex Post Facto law is criminal law that is made retroactive to punish prior conduct not criminal when done (Gardner). Also known as after the fact laws. Ex Post Facto Laws are prohibited by the United States Constitution. The U.S. Constitution's Article 1 Section 9, C.3 states: 'No Bill of Attainder or ex post facto Law shall be passed. Section 10 states laws shall be subject to the revision and control of the Congress. The ex post facto restriction only limits the power of states and federal legislative bodies. Ex post facto does not apply to the judicial branch of the United States Government. Ex post facto laws only apply to criminal laws, not civil laws like tax laws. Ex post facto also prohibits a misdemeanor becoming a felony as of six
At the four year mark of the Deep Water Horizon accident in the Gulf of Mexico, the Environmental Protection Agency (EPA) allows British Petroleum (BP) to drill for oil in the gulf once again. Many consumer advocate groups, chiefly Public Citizens, have voiced concerns over this decision. The lack of corporate accountability and oversight makes this decision seem unethical to these advocates groups. However, the company agrees to follow the agency’s ethic and safety procedure given the new leases. Yet, a series of accidents on its infrastructure makes reform seem doubtful for the company.
...ty. It is available to reflect the social values of a society such as new concepts of justice. The law Reform Commission of Canada is persistently submitting legal proposals that can be used to improve a society and it also serves as a crucial role to the structure of law and the government and the Canadian Criminal Justice System. A proposal that has drawn a lot of debate is the idea of whether environmental destruction and maltreatment should be criminalized. After examining the given themes, environmental harm should not be considered a crime. The undesirable outcomes of criminalizing environmental harm outweigh the positives of criminalizing such a reform. Although the environment affects people’s lives, so do the laws and regulations. This crime is too broad and may result in more harm than good in the Canadian society and the Canadian Criminal Justice System.
Max, N.E. 1969. Oil pollution and the law. Washington, D.C.: The Bureau of National Affairs, Inc.
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.