ENVS201 Lecture Notes - Lecture 9: Parens Patriae, Vale Limited, Precautionary Principle

• School: University of Waterloo
• Department: Environmental Studies
• Course: ENVS201
• Professor: Alastair Neil Craik

Document Summary

Test for nuisance seeks to balance env and economic and social rights: but viewed very must from private perspective, do all economic interests get privileged, allocation concerns who bears burdens. Discretionary nature of test gives courts a lot of power to determine rights: who should be making decisions with distributive consequences, see smith v inco; jones role of courts v legislature. Problem many environmental problems affect public goods or are too diffusely held to create incentives to litigate. Rules on standing, damages, costs deters public interest litigation. Solution enhanced standing rules oebr citizen suit provisions. Over inclusive / under inclusive: common issues. Difficult for nuisance and health related harms since each very contextual. See hollick (scc) and pearson v inco (oca: preferable procedure. Judicial economy: relates back to common issues. Access to justice: but in hollick alternative measure. Individuals may only recovery if special damages (public nuisance)