Lecture1.docx

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Department
School of Environment
Course
ENV422H1
Professor
Paul Muldoon
Semester
Fall

Description
ENV422H1 Environmental Law Paul Muldoon  Survey the concepts of Law Office Hours for TA Course Requirement  Did the proposal allow you to adequately response to it if you want to By the end of September you should have an idea of your paper!! 3 of the study questions are exam questions Review each area of the course Reading list on Blackboard How Environmental Law progress  What is criminal law, what is civil law, what’s the court, tribunal  Federal Government and Province – both government share power over the regulation – Who has power to deal with this issue? o Canada is an amalgam jurisdiction of different body  How the environment is regulated o Tar sands? All companies need approval by the government o Is the law enforced?  Environmental Rights o If your neighbour polluted your area… o Guest Lecture  Tribunal Rights o Rule of natural justice and fairness: in our relationship between authorities  The unfair circumstances between the authority and people  Bribe  International Environmental Law  Introduction to Land use Planning  Study Questions (pre-read the questions and study about them) Readings: up to p.38 Download the stuff of assignment and read the requirements of the assignment Lecture Environmental Law  Deals with everything, any aspect of law, every area of law, “regulation of the control of natural resources”  Allocation of public natural resources for private use o National debt, Budget, deficit and taxes, public tax o Great lake – public resource, 99% non-renewable, 20% of the world’s fresh water resource o Natural resource is public, we allocate to people, take water to people o Who owns this? Who is allocating this? (Government?) On what basis are they allocating this? (Flip a Coin?) Who participate? o Transparency of decision is still on emerging stages – costs are high o Private use – we need private industry to ensure our quality of life, not in a negative meaning o Purpose: to reflect what it is, what our values are; or is it to promote a new vision and inspire to them? Phase I – Early Development  Common law rights – nuisance (not environmental problems, but property disputes over natural resources)  Public health legislation  1895 Fisheries Act – prohibition against discharge deleterious substances  Water/ sewage – control of disease o At that time there was no environmental law until WWII, no control on sewage, sanitation and drinking water system etc.  Various legislation to limit rights to sue (mining) Phase II – Post WWII – to 1970 – Birt
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