Lecture12.docx

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Department
School of Environment
Course
ENV422H1
Professor
Paul Muldoon
Semester
Fall

Description
Last 2 lectures  Environmental Rights +International Law +Land Use Planning + Methodology  Next Week: Land Use Planning + Exams questions Environmental Rights  Status to sue  what if you want to protect the environment for zone sake Civil Wrongs  Nuisance, Trespass, Negligence, strict liability, statutory causes of action  Strict Liability o Walking into a hospital, duty of care  not fall off the bet o If negligence you have to prove it o Once they put you under, the duty of care is so high that no need you to prove anything (extra hazard activity) o If you lives near nuclear plant and it blows up, you can sue strict liability o With dangerous animals escape o The course won’t care what the excuse was  Statutory causes of action o All laws come from common law o Civil: people suing people (Plaintiff VS Defensive) o Criminal: A-G vs accused (prosecution) o If someone has break an environmental law, you can sue through a civil link, money use to fix something; they may sue by the state (criminal)  Happen twice so far, since 1993 Causation  “but for” test o Key test is the effect or harm would not occur but for the cause of defendant o Dust cover his house was coming from a landfill beside him o The dust composition changed everyday o One of the child in the family has asthma, it got worse when it gets more frequent o The asthma would not get worse but for the worse of dust o How do you prove it?  The cause of cancer is still subject to some debate  some courts have shown relationship between cancer and smoking but still in debate today  The case in Britain: 2 person shot negligent at the same time  River got polluted, 3 sources, the key for this rule all of them are negligent and subject of wrong (rare case)  It has not been modified for environmental harm  In US, rather than dividing equally who did wrong, the US divided the industries by their market share  Then if you established causation, liability is established and then prove your harm Damages 1. The physical thing you did wrong – if you got asthma from exposure, your damages out of pocket - receipt (cover all your medical fee) 2. General damages: pain and suffering, the law will have a list for particular injury a. Loss of life- base on your earnings b. Thousands and tens of thousands from losing a toe or broken arm c. 3 million – a permanent nurse for the rest of his life 3. Punitive (rare) a. You intended to do wrong b. The classic case: Ottawa (nuisance playing loud music and try to piss your neighbour off) c. Rather than negligence, you do sth intentionally and multiply the damage  Courts have not done a good job in price articulation – cutting trees (lumber Vs ecosystem); how to replace something of higher value to some people and how to calculate intrinsic value in nature  Replace your damages with monetary, never satisfied, put you back when you
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