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Adshead, J (2014) Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales. International Journal of Law in the Built Environment, 6(01), 174-93.
Bright, S and Dixie, H (2014) Evidence of green leases in England and Wales. International Journal of Law in the Built Environment, 6(01), 6-20.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 1). International Journal of Law in the Built Environment, 6(01), 43-68.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 2). International Journal of Law in the Built Environment, 6(01), 129-51.
Gill, G N (2014) Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010. International Journal of Law in the Built Environment, 6(01), 69-90.
Kelly, A H (2014) Amenity enhancement and biodiversity conservation in Australian suburbia: Moving towards maintaining indigenous plants on private residential land. International Journal of Law in the Built Environment, 6(01), 91-105.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part I. International Journal of Law in the Built Environment, 6(01), 21-42.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part II. International Journal of Law in the Built Environment, 6(01), 106-28.
- Type: Journal Article
- Keywords: Environmental protection; Fault and forseeability; Injunctive relief; Private nuisance
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-08-2013-0033
- Abstract:
Purpose – This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues. Design/methodology/approach – The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary. Findings – Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection. Research limitations/implications – Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime. Originality/value – This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.
Rij, E v and Altes, W K K (2014) Integrated air quality and land use planning in The Netherlands. International Journal of Law in the Built Environment, 6(01), 194-210.
Williams, P (2014) Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study. International Journal of Law in the Built Environment, 6(01), 152-73.