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Full Description
Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news.
Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993
Contents
Preface
1. The Environment, the Citizen and the Law
Role of the Individual Citizen
The Scope of this Book
The Approach of this Book
2. Enforcing Environmental Law
The Government
The European Community
The Courts
Enforcement Bodies
Access to Environmental Information Held by Public Bodies
3. Sources of Legal Information
Legal Information Funded by Local Government
Key Sources
An Outline of the Environmental Protection Act 1990
Prescribed Processes - the Basis of Pollution Control under Part I of the EPA
Participation by other Agencies and the Public
4. Prosecuting Environmental Crimes
Jurisdiction
Commencing Proceedings
Evidence
Defence Tactics
Appeals
5. Judicial Review - Challenging the Decisions of Public Bodies
The Reason for Administrative Law
Judicial Review Defined
Grounds for Judicial Review
Environmental Law Decisions and Judicial Review
How to Commence Judicial Review
Evidence
Procedure
6. Civil and Private Law
Ways in which the Civil Law can be Used
Commencing a Civil Action
Civil and Criminal Proceedings
Civil Law - a New Relevance in Environmental Protection?
7. Planning and the Built Environment
Structure and Development Plans
The Making of Development Plans
Planning Permission
Public Inquiries
Procedure
Large Scale Development and the Need for an Environmental Impact Assessment
8. The Atmosphere
The Clean Air Acts of 1956 and 1968
Control of Air Pollution under the EPA
Local Authority Policies
9. Water Pollution
Duties of the National Rivers Authority
The NRA Consents System - Public Participation
Pollution Offences and Water
Defences
Offences in Connection with Agriculture
Civil Claims
10. Waste and Hazardous Substances
EC Legislation and Waste
Pollution by Waste
Licensing under the EPA
Offences
Civil Claims
Planning and Hazardous Wastes
11. Habitat and the Protection of Wildlife
The Wildlife and Countryside Act 1981: Sites of Special Scientific Interest
Collecting Legally Admissible Evidence on SSSI Damage
Section 29
Other Methods of Control
Biotechnology and the Release of Genetically Engineered Organisms
Appendix
Index
