Seminar 3 - Environmental Crime PDF

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Environmental Law 2020-21 1st Semester University of Birmingham SEMINAR 3

I.

ENVIRONMENTAL CRIME READING

1. Stuart Bell and others, Environmental Law (9th ed., Oxford University Press, 2017), Chapter 8; 2. ‘Environmental Offences - Definitive Guideline’, https://www.sentencingcouncil.org.uk/public ations/item/environmental-offencesdefinitive-guideline/ 3. Environmental Protection Act 1990, Part II–and Part III as amended; 4. The Environmental Permitting (England and Wales) Regulations 2016 (esp. regs 12(1)(b), 38(1)(b), 38(2) and 41(1); 5. R v Thames Water Utilities Limited [2015] Env LR 36; 6.

R v Howe and Sons [1999] 2 All ER 249;

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7. Shanks and McEwan (Teeside) Ltd v Environment Agency [1997] Env LR 305; 8. CPC (UK) Ltd v. National Authority [1995] Env LR 131;

Rivers

9. Woodhouse v Walsall MBC [1994] Env LR 30; 10. NRA v McAlpine Homes East Ltd [1994] 4 All ER 286; 11.

Alphacell v Woodward [1972] AC 824;

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Tesco v Nattrass [1972] AC 153.

II. FURTHER READING 1.Elisabeth Fisher, Bettina Lange and Eloise Scotford, Environmental Law: Text, Cases and Materials (2nd ed, Oxford University Press, 2019), Chapter 5; 2.Justine Thornton, ‘Significant UK Environmental Law Cases 2017/18’ (2018) 30 Journal of Environmental Law 343–358; 3.P. Bishop, ‘Criminal law as a preventive tool of environmental regulation: compliance versus deterrence’ (2009) NILQ 279;

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EA Report ‘Cracking down on waste crime’, Waste Crime Report 2012-13, October 2013 http://a0768b4a8a31e106d8b050dc802554eb38a24458b98ff72d550b.r19.cf 3.rackcdn.com/LIT_8776_956402.pdf

5.Walker & Son (Hauliers) Limited v Environment Agency [2014] EWCA Crim 100; 6.Environment Agency EWHC 2484 (QB);

v

Hughes

[2014]

7.R v Morgan (Christopher EWCA Crim 1307;

Lynn)

[2013]

8.R v Morgan (Christopher EWCA Crim 1307.

Lynn)

[2013]

III. QUESTIONS 1.Dave owns Safest Works, a small firm which cleans used solvents (and might there be seen as an environmentally beneficial industry). The firm is managed on a day-today basis by Anne. Chris has recently started working for the firm and does odd jobs, including storing the drums of solvents. Unbeknown to anyone within the firm, the drums in which the used solvents come have a hidden defect such that when it is very hot, they are prone to leak. Because this is not known, no particular care is taken in storing 3

them out of the sun and, on an exceptionally hot day, several drums leak, spilling into a river. The river is polluted for a mile and many fish are killed. It will take years for the river to be restored to its original condition if left to rejuvenate naturally, but the process will be quicker if there is intervention which will cost £50,000. The annual turnover of the firm is £400,000 and, last year, it made a profit of £30,000. The firm has an otherwise unblemished pollution record and has always cooperated fully with the environmental regulators. The firm that made the drums has since become insolvent. Advise Dave, Anne and Chris on their liabilities for the harm caused. Would it be right, fair, or feasible to criminalise anyone for what has happened? If so, what should the appropriate penalty(ies) be? 2.Fred is the owner of a factory. His rubbish is collected once a week from a skip that is placed just inside the factory gates. One week, the waste collection company fails to collect the waste and the skip fills up to overflowing. Fred places his waste in cardboard boxes by the skip. Local youths break into the factory yard at night and play football with the boxes. One of the boxes breaks, releasing toxic material that causes severe injuries to one of the youths. The next 4

morning, Fred contacts one of his mates and asks him to dispose of the waste. The waste is subsequently found on a nearby playing field. Advise Fred on the offences that he may have committed and the liabilities that he may have incurred. 3.What is the role of the criminal law in modern environmental law? Drawing on specific examples from the regulation of waste, explain the role of the criminal law in its own right and in relation to specific other enforcement tools available to regulators in the regulation of waste.

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