Textbook Notes (369,137)
Canada (162,407)
ENV 319 (9)

Muldoon Ch 7 The Basic Structure of Environmental Regimes.doc

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ENV 319
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 7: The Basic Structure of Environmental Regimes Two basic categories of environmental law 1. Private law – pertains to the protection or furtherance of personal or individual interests and property 2. Public law – rules made and enforced by the state to protect the public interest and safeguard the public good Private Law Public Law Description Individuals rights to exercise rights The state imposes regulatory frameworks against others to protect their own that set environmental standards and property or interests consequences for non-compliance Examples Torts, such as nuisance, Ontario Federal Environmental Protection Act 1999 Environmental Bill of Rights, 1993 and the regulations passed under it; Ontario Environmental Protection Act Source Common law and some statutory Statutes, regulations, administrative orders law and approvals Private Law – rights of private parties to seek compensation when they are harmed by others - Common Law Rights – allows one party to sue another party o i.e. nuisance, negligence, trespassing, etc Participation Rights – these vary from province to province - Litigation to establish an implied environmental right in the Canadian Charter of Rights and Freedoms has not been successful - Neither any of the provinces
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