ESTABLISHING LIABILITY FOR ENVIRONMENTAL DAMAGE: TOXIC MICRO-POLLUTANTS AND THE RISK THEY POSE TO HUMAN HEALTH

Authors

  • Dr. Theodore Okonkwo University of Port-Harcourt, Port-Harcourt, Nigeria

Keywords:

toxic micro-pollutants, human health, environmental harm, civil liability, environmental degradation, pollution

Abstract

This article examines the issue of establishing liability for environmental harm in the context of toxic micro-pollutants and the risk they pose to human health. Industrialization has had adverse health and environmental consequences both for the workforce and the general population directly by exposure to safety hazards and harmful agents or indirectly through environmental degradation locally and globally. Environmental health hazards, like occupational health hazards, may be biological, chemical, physical, biomechanical or psychosocial in nature. Environmental health hazards include traditional hazards of poor sanitation and shelter, as well as agricultural and industrial contamination of air, water, food and land. These hazards have resulted in a host of environmental harm and human health impacts which has led to the degradation of the global systems on which the health of the planet depends. In response to these issues, this article pursues the debate and argument on the use of civil liability regime to address some of these problems.

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Author Biography

Dr. Theodore Okonkwo, University of Port-Harcourt, Port-Harcourt, Nigeria

Senior Lecturer and Head of Department, Department of Public Law, Faculty of Law, University of Port-Harcourt, Port-Harcourt, Nigeria, Ph.D (Environmental Law)

References

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It takes 25 to 50 years before symptoms of disease become evident.

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The citation of this Act by this short title is authorized by Section 18 of the Act.

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1 WLR 386.

EWHC 2558 (Admin).

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(ELD 2004) and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (2009 Welsh ED Regulations).

EWHC 3578 (Admin), 17 December, 2015.

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In Boomer et al. v. Atlantic Cement Company, 257 N. E. 2d 870 (N.Y. 1970), the property owners were awarded permanent damages in lieu of an injunction or closing. The court weighed the economic effect of closing the cement plant that cause the dirt, smoke and vibrations against the harm to the individual plaintiff's land, and concluded that the cement company could pay permanent damages in lieu of an injunction or closing.

EWCA Civ. 312.

See, Anslow v. Norton [2012] EWHC 2610; R. (Fullers Farming Limited) v. Milton Keynes Council [2012] Env. L. R. 17; Bentley-Thomas v. Winkfield Parish Council [2013] EWHC 356; Lawrence v. Fen Tigers [2014] UKSC 13; Manchester Ship Canal Company Ltd. v. United Utilities Water Plc. [2014] UKSC 40; Austin v. Miller Argent (South Wales) Ltd. [2014] ECWA Civ. 1012.

, F. Supp. 978 (D. Or. 1963), 86, 342 p. 2d 790.

F. Supp. 1104.

EWHC 396.

The judgment contains a useful assessment of why the judge came to that conclusion.

(1866) L. R. Ex. 265.

EWCA Civ. 1248.

UKHL 61.

94 N.J. 473, 468 A. 2d 150.

Ibid.

Shelfer v. City of London Electric Lighting Co. [1895] 1 Ch. 287, 315-316; St. Helens Smelting v. Tipping (1865) ii H.L.C. 642; Goldsmith v. Turnbridge Wells Improvement Commissions [1866] 1 Ch. App. 349; Farmworth v. Manchester Corp. [1930] AC 171.

Szabo v. Esat Digifone Ltd. Unreported, 6th February 1998, Case note in 51) 1. P. E. L. J. 35 (1998).

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Shelfer v. City of London Electric Lighting Co. ibid; Jaggard v. Sayer [1995] 1 W.L.R. 269; Miller v. Jackson [1977] 1 Q.B. 966; Anchor Brewhouse Developments Ltd. v. Berkley House (Docklands Developments) Ltd. [1987] 38 B.L.R. 87.

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Published

2017-02-12

How to Cite

Okonkwo, D. . T. (2017). ESTABLISHING LIABILITY FOR ENVIRONMENTAL DAMAGE: TOXIC MICRO-POLLUTANTS AND THE RISK THEY POSE TO HUMAN HEALTH. International Journal of Law and Policy, 1(1), 1–25. Retrieved from https://iprjb.org/journals/index.php/IJLP/article/view/278