ANDRZEJ FRYCZ MODRZEWSKI KRAKOW UNIVERSITY
SCHOOL OF ENGLISH LAW
ENVIRONMENTAL LAW
10 – 19 APRIL 2012
The Environment and the Law
Introductory concepts concerning the environment
Definition. Principles
Sources of environmental law
Private Actions: Law of Torts. Common Law
Regulatory Bodies
Prosecution and Enforcement Policy
Protection of the environment through criminal law
European Union environmental law and policy
International law
Human rights and environmental protection
Access to justice: judicial review
Substantive Environmental Law
Water Pollution and Water Quality
Waste Management
Environmental Permitting
Contaminated Land
Air Pollution and Air Quality
Statutory Nuisance
Thinking Points and Questions for Consideration during this module

Introduction to concepts and principles of environmental law
Define the ‘environment’. Is it a national, a European, and / or an international
concept? Define ‘environmental pollution’.
Explain the factors responsible for increasing public awareness of the environment and
the need for environmental protection. Why is it deemed necessary to protect the
environment?
What are the functions of environmental law?
Explain the significance of the terms reactive and proactive in environmental law.
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Explain what you understand by the principles of: Sustainable development;
precaution; prevention; and the polluter pays? Which parties bear responsibility for the
pollution, and protection, of the environment?

Introduction to the sources of environmental law: The common law; statute law
etc; European Union law; International law
Should this module be entitled ‘The Environment and the Law’ or ‘Environmental
Law’? Give reasons for your answer.
Define, generally, the sources of environmental law and policy.
Are there other techniques / instruments and policies used for regulating the protection
of the environment?
Please read the comments of Richard Macrory for discussion:
Richard Macrory, “Maturity and Methodology’: a personal reflection” [2009] JEL, 251
 The Common Law I.
Civil Law: Torts – Negligence; Nuisance
Explain the requisites in order to sustain liability in negligence?
What remedies are available in a negligence action?
Provide a definition of private nuisance.
Explain who can bring an action for private nuisance?
What factors are taken into account in determining whether the defendant is using his
property reasonably?
Evaluate the advantages and disadvantages of the torts of negligence and nuisance to
the protection of the environment
Reading: Mark Stallworthy, Understanding Environmental Law Sweet and Maxwell
2008) ch 3.
 The Common Law II
Nuisance and the Rule in Rylands v Fletcher
Explain the facts of the Cambridge Water case and evaluate the decision of the House of
Lords in the Cambridge Water case. Cambridge Water Co Ltd v Eastern Counties Leather
plc [1994] 1 All ER 53
What are the prerequisites for liability under the Rule in Rylands v Fletcher, as a result
of Lord Goff’s judgment in Cambridge Water?
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[Explain the significance of the House of Lord’s Decision in Cambridge Water to the
Torts of negligence and nuisance.]
What is the significance of the Transco case? Transco v Stockport Metropolitan Borough
Council [2003] UKHL 61
What are the limitations of privately resorting to the Rule in Rylands v Fletcher in order
to protect the environment?
Reading: Mark Stallworthy, Understanding Environmental Law Sweet and Maxwell
2008) ch 3.
 The Administration, Regulation and Enforcement of Environmental Law I
The Environment Agency; Local Authorities; The role of the Secretary of State
Identify the main regulatory bodies (governmental, non-governmental and judicial)
involved in environmental protection in England and Wales.
Define the various Central Government Departments with administrative responsibility
for environmental protection.
Define the aims and objectives; functions; and powers of the Environment Agency.
What is the principal aim of the Environment Agency?
Define the main environmental regulatory responsibilities of local authorities.
 The Administration, Regulation and Enforcement of Environmental Law II
Environmental Crime; Prosecution and Enforcement Policy
Provide a definition of environmental crime. Why is it difficult to define environmental
crime. Give examples of environmental crimes.
What do you understand by the concept of ‘strict liability’?
Explain generally the inspection, entry and enforcement powers of the Environment
Agency.
Discuss the Environment Agency’s enforcement and prosecution policy and its
underlying principles. What is the British approach to environmental enforcement?
 European Union Environmental Law and Policy
Evolution and Development; Objectives; Principles and Procedures
Sixth Environment Action Programme
Define the objectives of EU environmental policy. Define the principles of EU
environmental action policy
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Upon which provisions of the Treaty on the Functioning of the European Union (TFEU)
are EU environmental laws based?
What do you understand by the term ‘shared competence’ to mean?
Why is it deemed necessary to integrate environmental protection requirements into
other EU policies?
Explain any significant Treaty of Lisbon environmental amendments.
Which four environmental areas have been the focus of attention in the Sixth EU
Environment Action Programme.?
Explain the significance for environmental protection of the ruling of the Court of
Justice of the European Union (CJEU) in the Danish Bottles case. [Case 302/86
Commission v Denmark (Danish Bottles) [1988] ECR 4607]
Reading: Hans Vedder, ‘The Treaty of Lisbon and European Environmental Law and
Policy’, [2010] JEL 285

International Law and Environmental Protection
Provide 10 examples of an international law Treaty / Convention.
Discuss the sources of international environmental law. Explain what you understand
by the term ‘soft law’. Please give some examples.
Explain the relationship between international law and national law in the United
Kingdom.
Why is international law important for environmental protection? Many environmental
problems cannot be resolved at national level and are regulated under international
law? Please give some examples of such problems.
Reading: Stuart Bell and Donald McGillivray, Environmental Law (7th edn, OUP 2008)
ch 6

Human Rights and Environmental Protection
Discuss the decision of the House of Lords in Marcic, paying regard to the decision of
the Grand Chamber of the European Court of Human Rights on appeal in Hatton II.
Reading: John and Sharron McEldowney, Environmental Law (Pearson2010)
Marcic v Thames Water Utilities plc [2004] Env LR 25 (HofL)
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
Access to Justice: Judicial Review
Explain the facts of, and the decision in, Rose Theatre Trust. [R v Secretary of State for
the Environment ex parte Rose Theatre Trust Co [1990] 1 All ER 754]
Explain the facts and the legal reasoning in, ex parte Greenpeace (2). [R v Pollution
Inspectorate ex parte Greenpeace Ltd (No 2) [1994] 4 All ER 329]
 Water Pollution and Water Quality

Define the main EU Directives regulating water quality (and quantity) and sources and
activities of water pollution.
Water Pollution Offences and Defences
Case Law:
R v Dovermoss [1995] Env LR 258
Alphacell Ltd v Woodward [1972] AC 824 [HL]
Empress Car Company (Abertillery) Ltd v NRA [1998] EnvLR 396 [HL]
Environmental Permitting and Role and Duties of Environment Agency
Water Resources Act 1991 and Environmental Permitting (England and Wales)
Regulations 2010

WASTE MANAGEMENT
Define the national waste hierarchy.
What is waste and why this is important. What are the problems associated with the
definition of waste? Discuss the significant provisions of the EU Framework Directive
on Waste 2008 and define the transposition measures in national law.
The offences under sections 33 (1) (a) (b) (c) and 33 (6) Environmental Protection Act
(EPA) 1990 What is the meaning of ‘deposit’? Cases: Shanks and McEwen (Teeside) Ltd
v Environment Agency [1997] Env LR 305; Thames Waste Management Ltd v Surrey
County Council [1997] Env LR 148; Environment Agency v Melland [2002] Env LR 29.
Environmental Permitting, the Environment Agency’s Regulatory Powers , and
defences under the Environmental Permitting (England and Wales) Regulations 2010
What does the criminal duty of care, imposed by section 34 EPA 1990 and
supplementary regulations entail? What is the status, of the Code of Practice?
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
Environmental Permitting
An appraisal of the Environmental Permitting (England and Wales) Regulations (EP
Regs.) 2007:
(a) Define ‘regulated facility’.
(b) Understand ‘single’, ‘standard’ and ‘consolidated’ permits.
(c) Explain the application process; operator and operator competence
(d) The duty of the Environment Agency to Refuse a Permit application
(e) Explain variation, transfer and surrender of environmental permits.
(f) Enforcement powers: enforcement notice; revocation notice; suspension notice;
variation notice; acquisition of information; appeal process – underpinned by
criminal offences (Reg. 38), penalties (Reg. 39) and defence (Reg. 40)

Contaminated Land
What is ‘contaminated land’? What is the ‘suitable for use’ standard for clean-up of
historically contaminated land.
Outline the limits to the duty to serve a remediation notice in respect of contaminated
land. Once served, in what circumstances will a right to appeal lie? Evaluate the offence
and potential outcomes of a failure to comply with a remediation notice.
Define the ‘appropriate person’ on whom the remediation notice is served. What are the
problems in determining the meaning of ‘knowingly permitting’ for the purposes of
establishing liability?
Part IIA Environmental Protection Act 1990, as inserted by the Environment Act 1995.
Contaminated Land (England Regulations) 2006, SI 2006/1380.
Cases:
Circular Facilities v Sevenoaks District Council [2005] EWHC 865.
R on the application of National Grid Gas PLC (formerly Transco) v Environment Agency
[2007]UKHL 30.

Air Pollution and Air Quality
‘Nowhere more than air quality is there such a mix of regulatory tools; global
problems; and different levels of regulatory control.’ Discuss.
Discuss the influence of international law on air pollution control; and also the
significance of the Climate Change Act 2008.
Discuss the influence of EU law on air pollution control. Air Quality Standards
Regulations 2010.
The Environment Act 1995, Part IV. The Clean Air Act 1993.
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
Statutory Nuisance
What are the duties laid down in sections 79(1) and 80(1), respectively, of the
Environmental Protection Act (EPA)1990?
Define ‘prejudicial to health’, and ‘nuisance’ under statutory nuisance.
Explain the different categories of statutory nuisance laid down in section 79(1) EPA
1990.
Discuss the case of Birmingham City Council v Oakley[2001] 1 All ER 385 (HL).
Diane Ryland
25 March 2012
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