ADMS 2610 Lecture : Special Legal Rights and Relationships - Chapter 35 - Environmental Law
Document Summary
Part #6 special legal rights and relationships. concerned environmental groups lacked standing to bring an action: source of pollution. hard to determine: limitation of remedies. damages but no order for a cleanup: legislative reform. addressed difficulties of identification of source, control and abatement (or prohibition). Legislation: both federal and provincial (often overlap, acts control or prohibit activities that have a negative impact on the environment, takes a regulatory approach. amounts are regulated by monitoring and inspection. a principle where the obligation on a polluter to pay for environmental damage that results from a violation of environmental legislation. Traditionally: responsibility of the party that caused damage, current owner may now be liable. Environmental audit: a site specific inspection and analysis to determine the presence of existing environmental hazards or contamination, usually inserted as a condition precedent into commercial property sales agreements, lender also at risk. take possession then become owner and liable.