Question 1

Even if societal attitudes had been more supportive in the past, the common law would not have been of much use to attack the sources of pollution, and stop them at source. This corner was not turned until Parliament filled the breach.

Accepted Answer

The common law was limited in addressing pollution issues effectively, and significant progress was made only when legislative measures were introduced by Parliament.

Question 2

Describe how an interest in property can result in liability for environmental contamination.

Accepted Answer

The answer of Describe how an interest in property can...

Question 3

In the mountain town of Mountain Grove, a paper mill had been in operation as the main employer for many years. The mill constantly emitted a foul odour and occasionally particles into the air which covered objects with a grimy film. Mountain Grove was located in a valley in the mountains. The mountain breezes blew consistently from north to south through the town. Mountain Grove has expanded in all direction around the mill, which is now located in approximately the middle of town. As a result, the residents to the north of the mill rarely receive any of the offensive fumes or particles that are carried with the prevailing winds to the southern residents.
Rick, who was planning to move to Mountain Grove to retire early from his hectic city job, was sitting in the local coffee shop one morning. He asked several of the residents where he should look to buy a house in the town. One long-time resident replied, "Well you'd be best off finding something in that new subdivision north of town. They're real nice homes going up in there and you'd be well out of the line of fire of the mill."
Rick enquired what he meant by that and the resident replied, "Well, you know that the wind blows all the stench and stuff from the mill to the south end of town. Most of that part of town is covered in grime. You could probably find yourself a good deal on a house in that end of town. Prices aren't too high there. They call it Toxic Town! But you don't want to live there, believe me. I used to."
Rick and his family purchased a home in the new subdivision north of town. Rick was, however, able to purchase property and a building in the south end of Mountain Grove at a very good price, which he used to start up a car dealership as a retirement project. Not long after the business was established, Rick noticed pits and some peeling on the vehicles' paint. He also noticed that the cars on his lot were covered with a film that was somewhat oily and could only be removed by hand washing the cars with soap.
a. Discuss the environmental issues that are raised by this case under the common law and indicate how any action by Rick against the mill would be resolved.
b. What environmental legislation, if any, would be applicable in this situation? Explain how the resolution under the legislation would be different from the remedies in a. above.

Accepted Answer

The answer of In the mountain town of Mountain Grove,...

Question 4

The post-war rise in environmental legislation at all levels of government was, in part, a response to the limitation of the common law to adequately address the control, abatement and remedy of environmental damage. Discuss those limitations and how legislation has met the many environmental challenges.

Accepted Answer

The answer of The post-war rise in environmental legislation at...

Quiz 34: Environmental Law

Even if societal attitudes had been more supportive in the past, the common law would not have been of much use to attack the sources of pollution, and stop them at source. This corner was not turned until Parliament filled the breach.

Describe how an interest in property can result in liability for environmental contamination.