Textbook Notes (369,067)
Canada (162,366)
ENV 319 (9)
Chapter 2

Chapter 2: Environmental Law: Its Evolution in Canada

2 Pages
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Department
Environment
Course Code
ENV 319
Professor
David Boyd

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ENV 319 Book Notes An Introduction to Environmental Law and Policy in Canada By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield Chapter 2: Environmental Law: Its Evolution in Canada Environmental Law – body of legislated statutes and judge-made common law that can be used to protect and improve environmental conditions - Could deal with pollution, waste management, endangered species preservation - Environment – broad concept that can also cover land, air, water, and living organisms - These common resources of society are allocated to public and private interests that use those resources to provide goods and services for the public at large - Asks whether such allocations (above) should be made, how much is appropriate, and who should participate in such decisions - Aims to protect and restore or improve the environment The Scope of Environmental Law (p. 10) - Boundaries of environmental laws are inexact - Environmental regulatory laws – govern discharges of harmful substances into the air and water and onto land - Environmental assessment law – environmental considerations in the planning and approval of new undertakings - Legislation confers environmental rights on citizens o Rights to receive environmental information o To participate in environmental regulatory decisions o To demand that legally required standards be applied - International laws, treaties, and conventions Ideas Underlining Modern Environmental Law (p. 12) - Modern environmental laws have been as much about how we govern ourselves as about how we treat the environment\ - Most environmental laws in place today originated in a burst of environmental law-making in the late 1960s and early 1970s - Prevention is often wiser and cheaper than repair - Ideas about democracy o Public welfare role of governments – governments have a responsibility to defend and advance public well-being o Importance of citizen participation – i.e. access to information, effective involvement in deliberations, etc - Most environmental laws emerged from concerns about threats to human health or other material interests - Prevailing belief that we could and should domin
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