ENSC 310 Lecture Notes - Lecture 9: Nonpoint Source Pollution

• School: Queen's University
• Department: Environmental Studies
• Course: ENSC 310
• Professor: John Andrew

Document Summary

The influence of law and the judiciary on canadian environmental policy. Problems with using private legal mechanisms to protect the environment. Was nearly impossible to establish strict liability for commonly occurring non-point source pollution. Environmental damage was increasingly affecting groups of people, yet the law did not permit individuals to pursue public or common actions. Foci of environmental regulation in the late 1960s: regulation of toxic chemicals releases into the environment through registration and licensing, attempts to predict and mitigate the environmental consequences of industrial and natural resources projects through environmental assessment guidelines. Conditions required to gain standing in private litigation in the public interest. After finlay vs minister of finance for canada, supreme court of canada. 1986: the matter can in theory be decided by a court, the matter is serious, not trivial, the individual has a genuine personal interest in the matter, the matter can get to court through no other reasonable path.