British environmental law


British environmental law concerns the protection of the environment in the United Kingdom. Environmental law is increasingly a European and an international issue, due to the cross border issues of air and water pollution, and man-made climate change.

History

In the common law, the primary protection was found in the tort of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land; thus issues such as smells emanating from pig sties, strict liability against dumping rubbish, or damage from exploding dams are included. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources.
  • 1306, Edward I briefly banned coal fires in London.
  • John Evelyn, Fumifugium argued for burning fragrant wood instead of mineral coal, which he believed would reduce coughing.
  • Ballad of Gresham College describes how the smoke "does our lungs and spirits choke, Our hanging spoil, and rust our iron."
  • In 1800, one million tons of coal were burned in London, and 15 million across the UK.
  • Smoke Nuisance Abatement Act 1853
  • John Snow in 1854 discovered that the water pump on Broad Street, Soho was responsible for 616 cholera deaths because it was contaminated by an old cesspit leaking fecal bacteria. Germ theory of disease began to replace miasma theory that had lingered since the Black Death.
During the "Great Stink" of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. The Metropolitan [Commission of Sewers Act 1848] had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system.
London also suffered from terrible air pollution, and this culminated in the "Great Smog" of 1952, which in turn triggered a legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and business while an inspectorate would enforce compliance. It required zones for smokeless fuel to be burned and relocated power stations. The Clean Air Act 1968 required tall chimneys to disperse pollution.
On 6 April 2008 the previous Waste Management Licensing Regulations were replaced for England and Wales by the Environmental Permitting Regulations 2007. There are no longer separate regulation regimes for waste management and PPC activities, with both being regulated by way of Environmental Permits. For Scotland, the 1994 Regulations were replaced by the Waste Management Licensing Regulations 2011 with effect from 27 March 2011

Environmental protection

The Environment Act 2021, passed in the UK, sets forth new environmental targets and establishes the Office for Environmental Protection as an oversight body. It outlines a governance framework and mandates an environmental improvement plan for England and Wales, focusing on enhancing environmental standards and biodiversity. The Act's implementation is facilitated through various commencement regulations, introducing legally binding targets in areas such as biodiversity, water, air quality, and conservation. The Environmental Improvement Plan 2023, an update to the 25 Year Environment Plan initiated in 2018, specifies how to achieve these targets, incorporating a review every five years.
Legislation under the Environment Act 2021 specifies legally binding environmental targets:
  • The Environmental Targets Regulations 2023
  • The Environmental Targets Regulations 2023
  • The Environmental Targets Regulations 2023
  • The Environmental Targets Regulations 2023
  • The Environmental Targets Regulations 2023
  • The Environmental Targets Regulations 2023

Pollution

Wildlife

Conservation

Climate change

See also Environment Agency

European and international law