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Environmental law update

Simon Payne explores environmental liability, indemnities and crime; human rights; and new regulations

1 November 2002

Environmental liability Advising on, and being concerned about, environmental liability, under common law or statute, has become a key role for environmental lawyers. Sometimes this is driven by acting for the parties or insurers of those involved in a dispute about liability. More frequently the law is the backdrop for giving advice on corporate or property transactions – a basis for evaluating or denying causes for concern in the transaction – based on the information discovered through due diligence and the applicable law. The issues of civil liability for environmental harm have developed through the common law and human rights and the publication of new concrete EU proposals in a draft Directive. Nuisance On the common law side a line of authority seems to have emerged concerning tortious nuisance liability for ongoing nuisances where the defendant did not cause the nuisance to arise – but has failed to deal with the continuing proble...

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