Dr. Deryck D. Pattron, Ph.D.

Pubic Health Scientist & Consultant

Environmental conflicts
Environmental law Dispute resolution

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Conflict

Differing values, actions or directions

Disagreement over alternative uses of available resources

Environmental conflicts

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Two main ways: 1. Environmental Laws 2. Dispute Resolution

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Definition

Complex and interlocking body of statutes that operate to regulate the interaction of human activity and environmentalism

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Concerned with:
Air quality Water quality Global climate change Agricultural biodiversity Waste management Sustainable development other
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1.Common Law 2.Statutory Law

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 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

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1. Nuisance
2. Trespass 3. Negligence

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o Definition
A class

of wrongs that arise from the unreasonable, unwarrantable, or unlawful use of a persons own property that produces annoyance, inconvenience, or material injury

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o Definition
The

uninvited entry of a person, agent or object onto another persons property, including ones own body

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o Definition
Willful

disrespect for the rights of a persons property, person or thing liability

Strict

The responsibility of the manufacturer to assume responsibility for goods and services under his jurisdiction
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 The body of acts passed by a local/state legislature

Govern how environment and human health are protected and how resources should be managed

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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)

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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.
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Member of Parliament proposes bill Approval of bill by both houses of Parliament Bill goes to President for signature If approved, bill is called an Act Published in the local Gazette Parliament authorizes Govt agencies to create Regulations Public review & revision Legislation returns to Parliament for acceptance and is then published in the local Gazette
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Bill can go through up to several revisions

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

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1. 2. 3.

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

4.

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Clearly defined issues Perception of balance of power between

parties

A formally agreed-upon agenda

Willing to explore new ideas

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Advantages: o All parties have a better chance to resolve conflicts o Solutions can be generated rapidly o Alternative to costly litigation Disadvantages: o Inadequate funding o Loss of status o Doubt in attaining a favourable outcome o Outcomes may not be legally enforced
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Morgan, MT. 2003. Environmental Health. Australia: Thomson Wadsworth Pattron, D. 2004. Recent Research in Public Health. New York: Scientific Publishers.

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