Environmental Law & Dispute Resolution :Environmental Law & Dispute Resolution Dr. Deryck D. Pattron, Ph.D. Pubic Health Scientist & Consultant


Contents :Environmental conflicts Environmental law Dispute resolution All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 2 Contents


Environmental Conflicts :Conflict Differing values, actions or directions Environmental conflicts Disagreement over alternative uses of available resources All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 3 Environmental Conflicts


Managing Environmental Conflicts :Two main ways: Environmental Laws Dispute Resolution All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 4 Managing Environmental Conflicts


Environmental Law :DefinitionComplex and interlocking body of statutes that operate to regulate the interaction of human activity and environmentalism All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 5 Environmental Law


Environmental Law :Concerned with: Air quality Water quality Global climate change Agricultural biodiversity Waste management Sustainable development other All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 6 Environmental Law


Types of Environmental Law :Common Law Statutory Law All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 7 Types of Environmental Law


Common Law :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 8 Common Law Based on precedent and/or past legal decision Application of common law: Tort-A claim brought by an injured plaintiff Types of redress Injunction or court refrain order Compensation


Legal Concepts of Common Law :Nuisance Trespass Negligence All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 9 Legal Concepts of Common Law


Common Law: Nuisance :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 10 Common Law: Nuisance Definition A class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use of a person’s own property that produces annoyance, inconvenience, or material injury


Common Law: Trespass :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 11 Common Law: Trespass Definition The uninvited entry of a person, agent or object onto another person’s property, including one’s own body


Common Law: Negligence :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 12 Common Law: Negligence Definition Willful disrespect for the rights of a person’s property, person or thing Strict liability The responsibility of the manufacturer to assume responsibility for goods and services under his jurisdiction


Statutory Law :The body of acts passed by a local/state legislature Govern how environment and human health are protected and how resources should be managed All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 13 Statutory Law


Examples of Statutory Laws in the U.S.A. :Clean Air Act (1970) Clean Water Act (1972) National Environmental Policy Act (1969) Endangered Species Act (1973) Toxic Substances Control Act (1976) Resource Conservation and Recovery Act (1976) All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 14 Examples of Statutory Laws in the U.S.A.


Examples of Statutory Laws in Trinidad & Tobago :Public Health Ordinance of 1917 Yellow Fever Regulations of 1979 Litter Act 27 of 1973 Food & Drugs Act & Regulations of 1960 Pesticides & Toxic Chemicals Act of 1979/2005 Municipal Corporations Act (Abattoir Bye Laws) Occupation Safety & Health Act of 2004 Environmental Management Authority Act of 2000. All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 15 Examples of Statutory Laws in Trinidad & Tobago


Processes Involved In Development of a Statutory Law :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 16 Processes Involved In Development of a Statutory Law


Environmental Dispute Resolution :The process by which disputing parties reach a mutually acceptable solution to a problem. Reasons for dispute resolution costly lawsuits drawn-out decision making process court decisions can be appealed court decisions may be unsatisfactory to all better expectations, through more public participation & empowerment in resource & environmental management All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 17 Environmental Dispute Resolution


Four Types of Dispute Resolution :Public consensus – to solicit the views of the public Negotiation – to reach a decision by consensus Mediation – to utilize a third party facilitator to discover facts from opinions Arbitration – to utilize a third party arbitrator to make a decisive decision which in most cases may not be binding All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 18 Four Types of Dispute Resolution


Conditions For Effective Dispute Resolution :Clearly defined issues Perception of balance of power between parties A formally agreed-upon agenda Willing to explore new ideas All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 19 Conditions For Effective Dispute Resolution


Advantages & Disadvantages of Dispute Resolution :Advantages: All parties have a better chance to resolve conflicts Solutions can be generated rapidly Alternative to costly litigation Disadvantages: Inadequate funding Loss of status Doubt in attaining a favourable outcome Outcomes may not be legally enforced All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 20 Advantages & Disadvantages of Dispute Resolution


References :Morgan, MT. 2003. Environmental Health. Australia: Thomson Wadsworth Pattron, D. 2004. Recent Research in Public Health. New York: Scientific Publishers. All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 21 References