Download Environmental Law

Environmental Law
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AIR POLLUTION AND AIR QUALITY
GLOBAL PROBLEMS; INTERNATIONAL LAW;
EU AIR QUALITY LAWS; NATIONAL
REGULATION. LOCAL REGULATION.
Air Pollution
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 Health problems from gaseous pollutants and particulate
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matter emitted from traffic and industry
Animal and plant life
Quality of water and soil
Alter eco-system
Atmospheric pollution / acid rain – building corrosion
Ozone Depletion (chlorofluorocarbons)
Global Warming / Green house gases
Industrial and Agricultural emissions; (CO2/Methane)
Air Pollution
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 Atmosphere does not recognise boundaries
 International law role in addressing transboundary and
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global nature of atmospheric pollution and control
Significant role of EU law and
National law – work together
Global Warming = one of biggest environmental
problems
International law response: transboundary pollution
United States v Canada (1941) [Trail Smelter]
No State has the right to use or permit the use of its
territory so as to cause fumes or injury on territory of
another
Air Pollution
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1979 Geneva Convention on Long-Range Transboundary
Air Pollution
 No liability; preventative; agreement and cooperation
 Protocols regulating reduction of: sulphur dioxide;
nitrous dioxide; organic pollutants and heavy metals
1985 Vienna Convention for the Protection of the Ozone
Layer
 Precautionary principle
 Montreal Protocol – Ban on CFCs and ozone depleting
chemicals
Air Pollution
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1992 UN Framework Convention on Climate Change
 Common interest in global solution
 Recognition of regional differences
 Stabilise greenhouse gases
 Sustainable development
 Kyoto Protocol 1997; eif 2005
 Specific targets for greenhouse gases; %age
reduction
 Differentiation between countries reflecting
economic differences (absence of US)
Air Pollution
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EU Legislation: variety of measures
 Licensed regulatory controls of polluting processes
 Product standards for polluting products (eg vehicles)
 Prohibitions (CFCs)
 Emission limits
 Air quality standards /measurements
 Economic instruments (fuel taxes/landfill
 Voluntary agreements (motor vehicle manufacturers)
 Collection of data; information
Air Pollution
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Manifested in
 Industrial plant emissions
 Ozone layer
 Air quality standards ‘pure’ environmental laws’
 Vehicle emission standards (cars)
 Product quality standards (fuel)
 EU emissions trading scheme
 In particular: Ambient Air Quality Directive
2008/50/EC
Air Pollution
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 Management to improve ‘ambient’ air quality driven
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by EU law
The Air Quality Standards Regulations 2010
(transpose Ambient Air Quality Directive
2008/50/EC)
UK monitors air quality to assess compliance with air
quality limit and target values for air pollutants set
out in EU Directive eg sulphur dioxide, nitrogen
dioxide, particulate matter, lead, benzene, carbon
monoxide, arsenic, cadmium, ozone ...
Results are reported to European Commission
Air Pollution
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 UK divided into agglomerations
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(population/industrial) in order to assess compliance
with EU air quality limits
Non-compliance – air quality action plans detailing
compliance measures – submit annually to EU
UK response to air pollution has historically been
reactive:
Smoke Control – Clean Air Act 1993
Control of Emissions of Smoke, Grit, Dust and
Fumes
Air Pollution
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 Dark smoke s1(1) Clean Air Act 1993 Criminal
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offence
Dark smoke s 3(1); Chimney s 64; Defences s 1(4)
Local Authority approval ss14, 15
S 2 criminal offence; burden of proof s 2(3); defence
s 2(4); Practicable s 64(4)
Grit, Dust and Fumes; Definitions; Arrestment s 6(1)
Smoke control areas, ss 18, 20, 20(4)
Fuels
Air Pollution
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 Polluting industrial processes: environmental permitting
 Statutory nuisance
 The Environment Act 1995, Part IV
The National Air Quality Strategy 2007 introduces
Standards and objectives with measures required to
attain those objectives. Not legally binding.
S 80 Environment Act imposes duty on SofS to prepare
and publish National Air Quality Strategy
Air Pollution
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 Ss81 and 97 Environment Act 1995 provide power
for SofS to prescribe standards by regulations to be
implemented locally
 Act provides for creation of system of local air quality
management requiring local authorities to undertake
assessment of air quality in locality and to take
action planning when statutory objectives are not
met
 Statutory objectives laid down in
 Air Quality (England) Regulations 2000, as
amended in 2002 (benzene)
Air Pollution
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 S82 EA 1995 places each local authority under
(appraisal) duty to review present and future air
quality within area
 S83 EA 1995 provides for local authority to designate
areas as air quality management areas
 S84 Local authorities duties iro designated areas
Air Pollution
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 Climate Change Act 2008
 Legally binding targets (?) iro reduction of carbon
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dioxide (greenhouse gas); % age reduction
Duty of Sof S (Climate Change)to ensure net UK carbon
account for 2050 is at least 80% lower than in 1990
Carbon budgeting system capping emissions over 5 yrs
Creation of Committee on Climate Change (advisory)
Limits on international credits
Powers to introduce national emissions trading schemes