Henry VIIIs Reformation Essay -- Papers

Henry VIIIs Reformation In 1529 Henry VIII started to reform the Catholic perform in England, however in that respect are different reliances as to wherefore he began these controversial changes. The Orthodox view concurs that there was a vast anti-clerical feeling in 16th ascorbic acid England the corrupt church was unpopular with the masses. However the revisionist view claims that the reformation was in reality due to politics. Henry take a male heir and therefore needed a divorce. The postulate and wants of the masses were not taken into consideration. In this turn out I am going to look at England pre-reformation and reach my own opinion of whether or not England was actually in need of a reformation in 1529. There were lots of anti-catholic movements going on at the time much(prenominal) as the Lutheran movement and also Lollardry. This suggests that people were growing hackneyed with the Catholic Church and therefore looking towards othe r religions. The Lollards were an active group found in England. Lollardy appealed to the lower and middle classes and its ideas closely matched those of Luther. They denied the existence of purgatory, rejected the pope and spoke out against war. It wished to see a reduction in church riches and the bible translated into English. They encouraged new ideas and criticism of the church. However it is difficult to visualise just how much Lollardry actually influenced the reformation. It undoubtedly helped to weaken the church and open peoples eye to new ideas, yet it was also relatively small scale and wouldnt dedicate affected many people. However there was generally an anti-clerical feeling amongst people. The clergy of that time a... ...ay or another, none of the were indicating that the church needed to go through a salutary scale reformation provided rather that the church needed to reform itself, they were calling for a reformation from within t he church, they wanted the clergy to improve themselves. The Catholic Church in England deniably did have some faults, but generally people were content and quelled with it. It wasnt the institution in decline as it is often portrayed but actually just as popular as it had always been. People were prosperous with what they knew and therefore didnt like the idea of a new church and religion, which is why there were protests after the reformation. Henry VIII and his parliament undoubtedly exaggerated these faults in order to reform the church for their own political needs, rather than the needs of the ordinary people. Henry VIIIs Reformation Essay -- Papers Henry VIIIs Reformation In 1529 Henry VIII started to reform the Catholic Church in England, however there are different opinions as to why he began these controversial changes. The orthodox view concurs that there was a vast anti-clerical feeling in 16th century England the corrupt church was unpopular with the masses. However the revisionist view claims that the reformation was actually due to politics. Henry needed a male heir and therefore needed a divorce. The needs and wants of the masses were not taken into consideration. In this essay I am going to look at England pre-reformation and reach my own opinion of whether or not England was actually in need of a reformation in 1529. There were lots of anti-catholic movements going on at the time such as the Lutheran movement and also Lollardry. This suggests that people were growing tired with the Catholic Church and therefore looking towards other religions. The Lollards were an active group based in England. Lollardy appealed to the lower and middle classes and its ideas closely matched those of Luther. They denied the existence of purgatory, rejected the pope and spoke out against war. It wished to see a reduction in church wealth and the bible translated into English. They encourage d new ideas and criticism of the church. However it is difficult to interpret just how much Lollardry actually influenced the reformation. It undoubtedly helped to weaken the church and open peoples eyes to new ideas, yet it was also relatively small scale and wouldnt have affected many people. However there was generally an anti-clerical feeling amongst people. The clergy of that time a... ...ay or another, none of the were indicating that the church needed to go through a full scale reformation but rather that the church needed to reform itself, they were calling for a reformation from within the church, they wanted the clergy to improve themselves. The Catholic Church in England deniably did have some faults, but generally people were content and satisfied with it. It wasnt the institution in decline as it is often portrayed but actually just as popular as it had always been. People were happy with what they knew and therefore didnt like the idea of a new church and religion, which is why there were protests after the reformation. Henry VIII and his parliament undoubtedly exaggerated these faults in order to reform the church for their own political needs, rather than the needs of the ordinary people.

The gallery report :: Essays Papers

The gallery reportThe poisoning of the American south by Richard MisrachSince the late 70s, Richard Misrach has been know for his large format, eight by ten inch color photographs of the Nevada desert. His epic series of 18 Cantos or groups, of photographs range from lyrical to political. The west was a visual sensation or absolute purity, Misrach tries to temper that reverence with the truth about moms occupation of the land.In 1999, Misrach accepted a commission from Atlantas High museum of art as part of their Picturing the South. He chase to photograph Louisianas infamous cancer alley, for decades oil refineries and fertilizer plants have dumped their pollutions into the Mississippi river along this 150-miles stretch between New Orleans and Baton Rough. The Mississippi is the dominant river basin North America and drains more that 1.2 jillion square miles or about 40 percent of the continental United State. It provides 18 million people with drinking water, 1.5 million in Lou isiana alone.The Salton oceanThe Nature Trail on the West Shores of the fabulous Salton Sea is a three mile adventure along the shores of the Sea. Visitors can see a diversity of birds, native cacti, and wild flowers. The West Shores bird sanctuary borders on the beautiful greens of the Salton City Golf Course. The Bird Watch and Nature Trail, by a MAJOR FLYWAY, is host to over 250 species of birds and 96 accidentals. Migratory birds include Canada geese, snow geese, American avocetes, eared grebes, black-necked stilts, green-winged teals, brown & white pelicans, Scotts orioles, redstarts, burrowing owls, mountain plovers, long-billed dowitchers, long-billed curlews, marsh wrens, and ruddy ducks. either year the Salton Sea International Bird Festival attracts thousands of bird lovers from around the world.Gentile da Fabriano, Adoration of the MagiPalla di Noferi Strozzi commissioned this famous altarpiece, signed and dated 1423 on the frame, for his familys chapel in the church of Santa Trinita in Florence. Wealth and culture of the donor are reflected in the lavish use of gold and in the pomp of the Magi procession, including withal exotic animals as leopards and monkeys. If in this picture clearly emerges the persistence of International Gothic at the beginning of 15th Century, in the meanwhile the panel is forth of its time showing in the propellers scenes (Nativity, Rest during the Flight into Egypt and Presentation to the Temple) one of the basic innovations of Renaissance art the blue sky at the place of the traditional gold background

Computer Viruses :: essays research papers fc

Computer VirusesA computer computer virus is an illegal and potentially damaging computer course of instruction designed to infect other software by attaching itself to any software it contacts. In many cases, virus programs are designed to damage computer systems maliciously by destroying of vitiate data. If the infected software is transferred to or accessed by another computer system, the virus spreads to the other system. Viruses rent become a serious problem in fresh years, and currently, thousands of known virus programs exist (Reed 85-102)b.Three types of viruses are a boot sector virus, file virus, and Trojan horse virus. A boot sector virus infects the. When the infected boot program executes, the virus is loaded into the computers memory. Once the Virus is in memory, it can spread to any floppy dish aerial inserted into the computer. A file virus inserts virus codes into program files The virus then spreads to any program that accesses the infected file. A Trogan hor se virus (named after the Hellenic myth) hides within or is designed to look like s legitimate program.Some viruses interrupt processing by freezing a computer system temporarily and then displaying sounds or messages. Other viruses contain time bombs or logic bombs. A time bomb is a program that performs an activity on a particular date. A logic bomb is a program that performs an activity when a certain action occurs, such as an employee being terminated. A worm, which is similar to a virus, copies itself repeatedly until no more memory of disk space remains.To find computer viruses, anti-virus programs have been developed. Besides detecting viruses, anti-virus programs also have utilities to remove or repair infected programs and files. Some damaged files cannot be repaired and must be replaced with uninfected archive files. The table below outlines some techniques employ to protect computer systems.TableTechniques for virus Protection and System ArchiveUsing Virus Protection So ftwareBacking Up Your System butt in virus protection software on every computer systemDevelop a regular plan for copying and storing important data and program files.Before use, scan every floppy disk with a virus scan program to check for viruses.Implement a backup plan and stay put to its guidelines.

The Hitchhiker’s Guide to the Galaxy Essays -- Literature, Douglas Ada

The Hitchhikers Guide to the GalaxyAs the gracious race makes life-changing discoveries, it is made manifest that there is always more to learn as the universe, instead of becoming familiar, is becoming absurd. The Hitchhikers Guide to the Galaxy, written by Douglas Adams, as well as the 2005 film adaption, portrays absurdity to be an all-encompassing system in the universe. Through the introduction and attempt to understand lack of reason, the narration of important elements and the human detection of the universe, the novel is as a whole, more complete than the film. With these points it is irrefutable that The Hitchhikers Guide to the Galaxy develops the theme of absurdity with greater prowess than the film, resulting in a deeper understanding of absurdity, with an outlook the reader can connect to.The Hitchhikers Guide to the Galaxy introduces absurdity in a more compelling way than the film. The eternal Improbability subscribe passes through every point in the Universe, (A dams 80). After being thrown out of an airlock, Arthur and Ford are rescued by the Drive with the chance of rescue being 22079460347 to one against, (Adams 67). Being rescued despite an astronomical improbability allows the novel to empower the theme of absurdity in a noteworthy way. The prominent focus the novel has on absurdity vastly differs from the minimal effort made in the film to evidently develop a source of absurdity in the universe, damaging The Hitchhikers Guide to the Galaxy. Furthermore, the novels depiction of the search for reason among the predominant lack of reason adds a very important human element to the understanding of absurdity. While undergoing the effects of the Drive A million-gallon vat of custard upended itself over ... ... of this ideology in a way the reader can connect to. Through the foundation and attempt to understand the lack of reason, clear narration of important text and a human perception of absurdity, the novel prominently transcends the abs urdity presented in the film. Absurdity is conveyed to be a school of thought, wherein humans attempt to answer and quantify the grandest questions of the universe, but at long last come to a conclusion that the greatest answers are beyond us. As George Bernard Shaw said, The more you learn, the more you know. The more you know, the more you forget. The more you forget, the less you know. So wherefore bother to learn?Works CitedAdams, Douglas. The Hitchhikers Guide to the Galaxy. London Pan Macmillan Adult, 2002. The Hitchhikers Guide to the Galaxy. Dir. Garth Jennings. With Martin Freeman, Mos Def. Touchstone Pictures, 2005.

Canada :: essays research papers

Investing In CanadaInvesting In Canada - Factors that be attractive for direct investment inCanada.Canada is the second largest country in the world, occupying close to 10 millionsqu are kilometres of land bounded by the Atlantic, Pacific and Arctic oceans.Canada shares a 6,000 kilometre border and the five largest freshwater lakes inthe world with the United States. Known as the Great Lakes, they provide a routeto the Atlantic via the St.- Lawrence Seaway, permitting direct access tointernational markets.More international companies are investing in Canada. The stock of foreigndirect investment (FDI) in Canada has increased steadily everywhere the past fiveyears to reach over $130 billion last year. Investor confidence is high.International companies are discovering what firms in the United States haveknown for decades it pays to invest in Canada. There is a judicature commitment to attract foreign direct investment. Canadas government provides a competitive, welcoming climate f or international billet. It is committed to fiscal responsibility, deficit reduction and job creation.The by-line are some essential points all of which prove Canada is a favorablechoice Domestic market wage competitiveness work force lumber International business skills raw materials energy costs infrastructure business services and legal environment.Domestic MarketCanadas per capita purchasing power is second alone to that of the United States,among the G-7 countries, and the OECD expects Canada to lead the industrializedcountries in near-term economic ripening. Inflation is below two per cent andforecast to remain low. Cost of money is lower than it has been for decades.Exports are at record high, having increased by 14 per cent in 1993 over 1992.Under free trade, Canadian-based companies have increased their market share ofthe Canada-U.S. market. Further, the Canada-U.S. idle Trade Agreement (FTA),together with the North American Free Trade Agreement (NAFTA) which came int oforce on January 1, 1994, gives Canadian-based companies an unparalleled accessto 365 million people, forming an economy larger than that of the EuropeanCommunity. The combined 1993 GDP value of the Canada-Mexico-U.S. market was inexcess of $8.5 trillion.Competitive Wages and Benefit RatesMany international corporations find the Canadian work force to be highly cost-effective. On average, wages in Canadas business centers are lower than thosein nearly all major business centers around the world. Hourly wages of Canadianproduction workers have risen only 5.4 percent since 1990. Canadianmanufacturing wage rates showed the second slowest growth among G-7 countries in1992, averaging 2.6 percent. In contrast, hourly increases in Britain andGermany have been 12.4 and 14.3 percent, respectively.Educated and Skilled Work Force

Canada :: essays research papers

Investing In CanadaInvesting In Canada - Factors that are attractive for direct investment inCanada.Canada is the min largest country in the world, occupying close to 10 millionsquare kilometres of land bounded by the Atlantic, Pacific and Arctic oceans.Canada shares a 6,000 kilometre border and the phoebe bird largest freshwater lakes inthe world with the United States. Known as the Great Lakes, they provide a routeto the Atlantic via the St.- Lawrence Seaway, permitting direct access to international merchandises. more international companies are investing in Canada. The stock of foreigndirect investment (FDI) in Canada has increased steadily over the past five old age to reach over $130 billion last year. Investor confidence is high.International companies are discovering what firms in the United States haveknown for decades it pays to invest in Canada. on that point is a government commitment to attract foreign direct investment. Canadas government provides a competitive, w elcoming climate for international business. It is committed to fiscal responsibility, deficit reduction and job creation.The following are some essential points every(prenominal) of which prove Canada is a favorablechoice Domestic market wage competitiveness cream force quality International business skills raw materials energy costs infrastructure business services and legal environment.Domestic MarketCanadas per capita purchasing mogul is back up only to that of the United States,among the G-7 countries, and the OECD expects Canada to lead the industrializedcountries in near-term economic growth. Inflation is below two per cent andforecast to remain low. Cost of coin is lower than it has been for decades.Exports are at record high, having increased by 14 per cent in 1993 over 1992.Under free trade, Canadian-based companies have increased their market share ofthe Canada-U.S. market. Further, the Canada-U.S. Free Trade Agreement (FTA),together with the North American Free Tra de Agreement (NAFTA) which came intoforce on January 1, 1994, gives Canadian-based companies an unparalleled accessto 365 million people, forming an economy larger than that of the EuropeanCommunity. The combined 1993 GDP value of the Canada-Mexico-U.S. market was inexcess of $8.5 trillion.Competitive Wages and Benefit RatesMany international corporations find the Canadian work force to be highly cost-effective. On average, wages in Canadas business centers are lower than thosein nearly all major business centers around the world. Hourly wages of Canadianproduction workers have risen only 5.4 percent since 1990. Canadianmanufacturing wage rates showed the second slowest growth among G-7 countries in1992, averaging 2.6 percent. In contrast, hourly increases in Britain andGermany have been 12.4 and 14.3 percent, respectively.Educated and Skilled Work Force

The Genius of John Bardeen

Genius is more practically than non careful by Intelligence Quotient (I. Q. ). This should non be the scale. It would be better to attri hardlye the label genius to someone who was able to beat the odds and used e verything in his fountain to contribute to progress and in making life a much more blessed experience. The distinction of being a genius must plainly be given to those whose body of litigate has surpassed the test of time. If indeed achievements and colossal works is the trademark of a man of great intelligence consequently it would not be difficult to heap accolades and to celebrate the genius of tush Bardeen.Not only is he brilliant and possessing a mind that can beat a roomful of supercomputers but he is also self-effacing and not one to tell the world of his exploits. In fact it will be shown later that when he learned that he was one of the recipients of 1957 Nobel clams for Physics, he could not believe he deserved to receive such a life changing award. If this was not enough, Bardeen won the Nobel Prize in Physics less than two decades later. His theory ab tabu superconductivity assured him of a place among the greatest scientists who ever lived.Without John Bardeens pioneering work on transistors and superconductivity, there would never have been a world wide web, interconnectedness in the blink of an eye and an ultra-efficient and comfortable lifestyle available for those living in the 21st century. The world today may very well be a different place if Bardeen was not born and allowed to develop into a formidable intellectual force. The following pages will provide a basic understanding of how one man help change the world. Building a CareerA great knowledgeableness is the assurance of a solid structure with an integrity that can withstand tremors and other pressures. If this analogy of shapeing structures can be applied to life then it can be said that John Bardeen prepared a secure foundation for a great career that would cha nge the course of history. All great careers especially in engineering must start with great education. Mr. Bardeen went to the University High School in Madison, Wisconsin for a number of years and then went on to ammonium alum from Madison Central High School in the year 1923.Then he took up a course in electrical engineering at the University of Wisconsin. In the said university, Bardeen took up the extra challenge of adding in extra work in mathematics and natural philosophy. If this is not enough he went to work while pacify an undergraduate student in the engineering department of the Western Electric Company at Chicago. He graduated with a B. S. in electrical engineering in 1928. But he did not leave his beloved university just yet and he continued on as a graduate look into assistant in electrical engineering, a task which he focused on for the next two years of his life.In this two years he utilize himself to the study of mathematical problems in applied geophysics and also the phenomenon of radiation in antennas (see Nobelprize. org). After serving under the U. S. Navy in World state of war II, Bardeen, was hired by Bell Laboratories, a high-tech communications and electronics research plant (Haven & Clark, 1999, p. 22). It is in this environment and in this scientific community where Bardeen was able to type his talents.But Bardeen was not only keen in showing the what he can do he is also very much willing to pct what he knows to others. He served as a Junior Fellow at Harvard University and also worked as assistant professor of physics at the University of Minnesota (Haven & Clark, 1999, p. 24). Contributions In the tooth root of this study the proponent submitted the inclination that genius should not be only measured through intelligence quotient alone but also on the tycoon of the person to create something worthwhile in other words to contribute to the forward progress of mankind.This will show that the high IQ person is not sim ply a machine able to crunch involved sets of numbers but also a complete human being able to play off lives and to work with others. In this category of super achievers one can include John Bardeen not only because he has the machinelike prowess to solve complicated problems but also because he was well regarded by his peers and well respected beyond the community where he first nurtured his genius in Wisconsin. The first study contribution of Bardeen was to crack the transistor puzzle.Together with a team of scientists Walter H. Brattain and William Shockley he was able to explain semiconductors and the transistor effect (see Nobelprize. org). Just to show a basic idea of what this discovery has meant to human history here is Bardeens contribution in a nutshell, The transistor has been the backbone of every computing, calculating, communicating and logic electronics circuit build in the move 50 years (Haven & Clark, 1999, p. 21). For his work he shared the 1956 Nobel Prize i n Physics.His second major contribution was to provide for a very enlightening explanation of superconductivity. In the words of Haven and Clark, Bardeen won his second Nobel Prize for elucidating the theory of superconductivity, which has been called one of the most important achievements in the theoretical physics since the development of quantum theory (1999, p. 21). Thus, in 1972 Bardeen became a double Nobel laureate. He shared the award with Leon N. Cooper and J. Robert Schrieffer for the theory of superconductivity.From then on others were able to build on this new understanding and at present allowed many to experience that, Superconductivity at higher temperatures has led to such feats as frictionless, ultrafast trains lifted magnetically above their caterpillar track (Haven & Clark, 1999, p. 21). Conflicts In every major endeavor and in every significant discovery, controversy and conflicts are almost inevitable as night follows day. More often than not conflicts are comi ng from the outside as people unable to fully grasp the new scientific breakthrough would question its relevance to society.In the case of John Bardeen the conflicts he experienced did not come from his external environment but surprisingly it came from within from within himself and from within their own community of scientists. This knowledgeable turmoil was explained by Hoddeson and Daitch (2002, p. 2-3) as follows 1. Bardeen was unsure of the true worth of transistors in the larger scheme of things. 2. Bardeen was not agreeable to the fact that William Shockley was considered as the co-inventor of the transistor and share the Nobel Prize in 1956.It is interesting to expound on the second statement for it would strengthen the thesis that a true man of genius must be able to work harmoniously within a community, within a group of individuals to be considered as a man of great intellectual tiptop and not merely a flash in the pan talent that would prove useless in real life situa tions. A deeper look at the issue would reveal that Shockley was not able to contribute a significant theory or solution that led to the discovery of the transistor action. It was purely the work of Bardeen and Brattain.Hoddeson and Daitch reveal that, it was Shockley, rather than Bardeen and Brattain, who received wide recognition for the discovery. Even today, popular magazines sometimes credit Shockley alone with the invention (2002, p. 2). Even if Bardeen knew the inside information as to what really happened within the Bell laboratories where the transistor phenomena was fully understood, it was a testament to his great character that he did not make a scandal out of it and at the end allowed Shockley to share the fame and the glory together with Brattain. LegacyAside from having great mind and the capacity to touch lives, one of the standards upon which true genius must be measured against is legacy. Legacy is what is left when the hype dies down and when the passage of time h as truly tested the value of a persons work. With regards to the legacy left groundwork by Bardeen this is what Jim Turley has to say Few things have altered modern life as much as the discovery of semiconductors Modern electronics have completely changed the look we talk with each other It has changed medical research, entertainment, record keeping, travel, and exploration.Theres almost no business, profession, or industry that hasnt changed since the introduction of solid-state electronics in the last 50 years (2003, p. 2). If having a brilliant mind, capacity to work under pressure and to share recognition with a group of equally talented personnel, and a body of work that has changed history is the measure of true genius then there are only a few who can match John Bardeen in this respect. Works Cited Haven, Kendall & Donna Clark. 100 Most Popular Scientists for Young Adults Biographical Sketches and Professional Paths.Englewood, CO Libraries Unlimited, Inc. , 1999. Hoddeson , Lilian & Vicki Daitch. True Genius The Life and Science of John Bardeen. Washington, D. C. Joseph heat content Press, 2002. Nobelprize. org. John Bardeen The Nobel Prize in Physics 1972. Available from Accessed 20 July 2007. Samuelson, Bengt & Michael Sohlman. Nobel Lectures in Physics. overbold Jersey World Scientific Publishing Co. , 1998 Turley, Jim. The Essential Guide to Semiconductors. New Jersey Pearson Education, Inc. , 2003.

Population Explosion

Before the destroy of the year 2011 the ball can expect the people to hit an historic accomplishment of reaching seven billion community. The throw of this seven billionth baby impart happen sometime in October or November (Nagarajan). This baby will most presumable be born in India due to India having the highest fertility rate of fifty one babies every minute (Nagarajan). So is this an accomplishment for graciouss beating nature by populating the acres?Or on the some other hand will humans soon have to come to grips with their careless actions of destroying all resources, killing thousands of other species and eventually see the end of the human race at the hands of overpopulation? According to the author of Population 7 Billion, Robert Kunzig, people shouldnt panic- at least not yet (1). A fair and stable amount of people is needed to keep the human species from dying off. Overpopulation, though, could deplete or destroy Earths resources such as provender, water, and ev entually lead to the breakdown of the ecosystem.With these resources being affected by the human population, the resulting consequences of plagues, wars, and famines could cause one of the few times for the orbicular population to decrease. A spheric plan of action is needed, provided policies such as Chinas one-child policy is not even going to be considered by the U. S and legion(predicate) other countries to lower their population. The populations of humans on planet Earth have to face the challenge of providing food, water, and face the accountability for ecosystem breakdown. One famous book, The Population flush it, a best seller in 1968 written by Paul R.Ehrlich, warned ab divulge overpopulation and advocated immediate action to limit population growth. He predicted famines that would follow the revelation of the gentleman barely thanks to the Green Revolution of the 1970s, an increase in the world harvest averted the famines predicted by Ehrlich (Zeaman 63). Although d isaster was averted decades from now there will be likely two billion more mouths to feed, mostly in poor countries (Kunzig 43). Producing enough food as populations grow is possible but doing so will wipe out finite resources, and especially water will be a challenge.If the world population, which is expected to be eight billion by 2025, continues to be so high, cardinal eight countries containing three billion people will face water shortages (Hinrichsen). We do have the technology to desalinate ocean water, but this process is some(prenominal) times the costs as getting fresh water. Areas suffering from shortages of water can increase their share of water by capturing rain water and storing it. purpose enough arable land that is not already being occupied by humans will have to be dealt with future populations. China feeds its billion- incontrovertible people on less than ten percent of Earths arable land (Kunzig 56). At least space to put all these people is not one of the most pressing issues, as the world population could fit in the size of Texas, if it were as densely populated as pertly York (Kunzig 48). Though we might have just enough livable land for future populations and land for crops and livestock, plants and animals will have to find space off of what is not already being used by humans. Earths biodiversity and ecosystems are in jeopardy, with two out of every three species to be in ancestry (Hinrichsen).Trees provide habitats for more than fifty percent of plants and animal species (Zeaman 73). Forests lost range from twenty percent to fifty percent (Zeaman 73). In the fourteenth century europium experienced one of the worst plagues in human history, the bubonic plague. The bubonic plague killed over half of the people of western Europe (Dawling). The development of advance transportation routes between Asia and Europe, which allowed rats carrying infected fleas to reach European cities, coinciding with the overcrowding and unsanitar y conditions within these cities created an ideal condition for the disease to spread.In Ehrlichs The Population Bomb similar occurrences were supposed to happen but thanks to institutions like the World Health Organization and UNICEF (Kunzig 45), and also with the development of penicillin and smallpox vaccines after World contend II (Kunzig 45), plagues which were expected to be some of the worst humans have experienced, were practically eliminated with the exception of the AIDs virus. Plagues are not as threatening as they were to older cultures as they are today, but wars threaten people of all cultures and time periods.Wars do not only come from religious differences, political beliefs, and driven rulers, but also population pressures will play a big role in wars of the future (Zeaman 37). A country with a swelling population might try to take land from a neighboring country, or an overpopulated country, overwhelmed by poverty and social problems, breaks out into internal pro blems. Psychologists that have studied animals detect the more crowded animals are together, the more aggressive they are and more prone to attack one another.Could such a mechanism operate in humans as well? Another assay for future humans is the utbreak of famines. Agriculture created civilization, but could dependence put an entire civilization at risk? In undeveloped nations where population growth is the highest, crop failures due to drought, excessive rains, or soil erosion can cause people to starve. Scientist who studied the Earths core found evidence of an ancient drought that led them to predict that one region of Equatorial East Africa will suffer a mega drought, possibly lasting decades, in the next fifty to one hundred years (Zeaman 62). This would be a drought of un-parallel proportions that could deteriorate an already unstable region.For the human race to become stable to a degree that does not deplenish the Earths resources, while having a population large enough to live done any global catastrophes, is needed for continuing existence. Is a world controversial population control policy that mimics Chinas coercive one-child policy the effect? In 1965 Chinese women were having six children, now it is down to around one and a half (Kunzig 48). Though the Chinese will continue this policy, the answer for other nations, especially the United States is a clear no.A much less controversial and beneficial policy to not only the country of India but becoming a beneficial program to its people is voluntary sterilization. The procedures which are mostly done to women are being changed to be done on the young-begetting(prenominal) population. The scalpel vasectomy costs less and is easier on the man than a tubal ligation on a woman. In less than seven minutes, male patients are walking out of the clinics without even a Band- Aid. An incentive fee of a weeks wage for a laborer would be more acceptably viewed by the global population then having your c hild taken away from you, like in China.Another way to fight overpopulation in the worlds undeveloped nations where populations gravel the most growth is fighting poverty that feeds the world population. Fighting poverty by dint of better education or providing clean water and nutritious food is a step in the pay off direction. Karl Marx, a nineteenth century communist revolutionary, is another world doom prophesier like Ehrlich that believed capitalism creates overpopulation (Gee). Marx has a right to his own views but his predictions seem to show that capitalism is the problem of over population. The U.S and almost all of Europe is close to or under the world average population growth of one hundred and thirty three percent between 1960 and 2011. In fact the less developed world will account for more than ninety five percent of the future population growth (Kunzig 50-51). In a study on 41,554 households in India, small but growing groups of one-child families appeared due to ed ucation costs for children attending public or private school. With emphasis these parents have to give their children better opportunities to be successful through a higher education (Kunzig 36). Will humans become extinct at the hands of overpopulation?The death of the human race will likely not be because of over population. An asteroid or environmental disaster is a bigger threat and less controllable than overpopulation. A country like the States will only be affected by the population group of fifteen to twenty four being affected by unemployment (Countries 9) due to the economic system suffering from the retirement of so many people at once. Men before the world even hit a billion which happened around the 1800s, were predicting populations of twenty billion people and plagues that would put a dent in the growing global population.Men such as William Petty, a seventeenth century economist, and doubting Thomas Malthus, an eighteen century priest and economist predicted such e vents that have not and will not occur. Even predictions from a more modern writer, Paul Ehrlich, did not calculate the innovations of the future to be able to adapt for an ever growing population. Population growth is on the decline but will take a generation before stability can be reached. Even just a little education on the issue can make a difference. If women were to have one less child now, then by 2050 that could have the difference of eight billion rather than ten and a half billion.

Features of Health Plans

There ar five different health plan options that atomic number 18 available for people that want health reportage. Indemnity Plans let a patient see whoever they would like to see with no limit and there are pre-agreements required for few procedures. Preventative care is usually not cover with the plan and there is higher costs deductibles and can be a co-insurance. Health Maintenance Organizations or Homos only allow people to see providers that are within the HOMO system. The primary care physician has to make all referrals and manages all the care.There are no payments for out of plan non-emergency services but just about care requires pre-authorizations. This plan features low escapements, there is a limited provider disposal and pre- caution care is covered with this plan. Point of Service or POS plans depart let a person see either network providers or out of organization providers. If a person sees a physician within the organization, the person will see a primary care physician. There features of this plan are lower escapements for network providers higher cost for out f organization providers and this plan covers pre-caution health care.Preferred Organization Provider or POP plans have higher costs out of organization providers that are seen. Preventative care coverage changes within the plan but is available. With this plan, a referral to another physician specialist is not required. There are some pre-authorizations required for other procedures and some fees are Involved or can be discounted within this type of plan. The fifth and last plan is Consumer- Driven Health Plan. This plan Is usually similar as well as POP plan but does have it differences.This plan increases the patients Information of health care costs and the patient pays directly to provider until the high deductible Is met. I believe that the plan that offers greater financial benefits Is the HOMO. This plan has a limited network but doctors have a low payment plan. As far-of f as a plan offering greater coverage benefits I would think that the either Preferred Provider Organization, Point-of- Service, or the Consumer-Driven Health Plan would be considered since we could choose a physician either from within the organization or outside of the organization.

Lizzie Borden

Took an Ax Hot summer day In 1892, August 4, at Second Street, Fall River Massachusetts, hired girl Bridget was resting in her way when the daughter of Andrew Borden screamed for help calling Maggie come down At the time Borders called Bridget a Maggie. When Maggie came down from her room, she saw Andrew Borden had been killed horrifically. Andrew Borden was a richest man In Fall River director, landlord, and was a banker. At the time he was living with his second wife and two daughters. He was taking a nap on the sofa when he was jar against with an axe.It was on its right side n the sofa, his feet were still resting on the floor. Andrews head was bent slightly to the right and his face had been cut. One eye had been cut in half and was protruding from his face that nose had been severed. His wife Baby was on the floor of the guest room upstairs killed by aforesaid(prenominal) hand with same weapon that was used when the elderly man was sleeping. This was the most horrific and das tardly killing in Massachusetts narration ever. Baby was a short, shy and was an weighty woman. Borders had been slain by sharp tool that Mrs..Borden head was kicked with sharp instrument over eighteen times, thirteen of them crushed through the skull, Mr.. Borders body was mutilated and had cardinal strokes In the head, four of them crushed the skull. liege Borden case is one of the mysterious and interesting cases for people who interested in crime for centuries. In American history very few cases attracted much attention as Andrew and Baby Borders case. This murder case was found not guilty of gruesome killing of two people. The morn of the murder began with Bridget- Maggie started her duties at 6. 5. At 10. 55 Maggie went up to her room to rest. Between 6. 15-10. 55 numbers of things happened like Uncle John and Andrew have had breakfast together and so forth Liege who was at home during these hours went in to yard or atomic number 5 for about twenty to thirty minutes. She later said in the trial that she went to barn to some metal for fishing sinkers and also Intended to Join Emma at Fairness and to do some fishing. When she returned at 1 110, she found her bewilder dead. The trial lasted fourteen days, from June 5, 1893, toque 20, 1893.After a day to select the jury twelve middle-aged farmers and tradesmen were the juries and the prosecution took about seven days to present its case. Liege was supported by religious organizations but some hated her and believed she did the horrible killing. There were four people as a suspect. One week into the investigation local authorities arrested Liege Borden and indicted her for the murder of her parents. Newspapers and media heard about the horrific killing and were covering the trial and news. Often they would name the case as disreputable killing of wealthy family etc.Local newspapers of Massachusetts and Rhode Island were covering the whole events with titling the paper Shocking Crime A Venerable Citizen and his Aged Wife Hacked to Pieces In their Home. These newspapers had contrary story about who committed the crime and why. They were covering the testimonials In the newspaper bout five to SIX pages. Lezzy was the primary suspect because Fall River drug stock certificate owner has told that Liege went into the store to purchase some deadly poison and didnt get along. Also newspaper like New York Times also published few newspapers after the trial ended.Whole story of the murder was shocking the nation. How can she do such a crime or she hated her step mother that she had killed them in angered rage etc. Police came to conclusion that murder have committed by someone within the Borden, but they were lacking the usher such as extraction that it was only on the bodies of the victims, also they didnt find the murder weapon. In November grand panel met and after the first refusing to issue an indictment, the Jury reconvened and heard new evidence from Alice Russell, a family frie nd who stayed with the two Borden sisters in the days following the murders.Russell told grand jurors that she had witnessed Liege Borden burning a coloured rationalize in the kitchen fire allegedly Liege explained her action simply because the dress was covered with old paint. The earlier testimony from Bridget Sullivan that Liege was wearing a blue dress on the morning of the murders, the evidence was enough to convince grand jurors to indict Liege for the murders of her parents. However, Jury returned with verdict saying Liege is not guilty, because in that respect is not one particle of direct evidence in this case from beginning to end against Liege A.Borden. There is not a spot of blood there is not a weapon that they have connected with her. As a suspect Liege probably had very difficult time whether she killed her parents or not. Every suspect goes through difficult treat from the society. Liege Borden was a girl who had whatever she wanted because of her rich father. Som e people didnt believe that she was opened of the killing because the background that she has. After the trial Liege and her sister Emma returned to Fall River and purchased a big home they called Manipulator.She was interested in acting so frequently she would take small roles in act or play, and she continued to live in Fall River until she died at the age of 67. Borden saga never ended until these days. However, Liege was put behind bars for about 10 month during her trial. When she was in the cell, she was catered with meals, letters and visits from her sister and friends. That people thought of it as wealthy people always gets treated better than frequent working class.

Communication in Early Childhood Education Essay

Effective communion throws a learning environment where students locoweed learn according to their individual of necessity in a near and accommodating environment. Think about your early pip-squeakhood facts of life (or your peasants early education), was it flexible to suit individual learning experiences or were small fryren unavoidable to conform to the t distributivelyers methods of t distributivelying? If you answered the latter, do you think the former would improve the quality of education?Pedagogues in all divisions of education should possess advancement in different levels of communication, whetherthey are teaching primary or secondary students or university alumni, to be able to address a combination of the various period groups (colleagues, students, parents or superiors). Educators will face difficulties in providing a satisfactory level of education without the necessary skills to communicate effectively to these groups of people. earlier churlhood educator s with effective communication skills demonstrate an strength to adapt their teaching methods to suit the needs of their young individual students, which benefits the progression in child development.The teachers positive peevishness determines the emotional climate of the classroom,creating a healthy and safe learning environment for the children and allows teachers to communicate consoleably with children, parents and colleagues, therefore, resolving issues efficiently. Early childhood educators who communicate effectively with children and parents create a positive classroom atmosphere, where successful learning can take place. Teachers and parents must be able to communicate and cooperate to get a beefed-up relationship for the best interests of the child.Do parents have an innate trust in teachers? (For them to leave their children in the teachers dole out, in somecases, almost a stranger) Whether or non this is accurate, teachers must build on this trust to create a su pportive parent-teacher relationship. Each situation is different and teachers should be aware of their body language, and use of language, so when speaking with parents their communication should be different when talking to parents than when they are chatting with friends.The first step is establishing a dialogue by approaching the parent first and making them feel welcome and relaxed, as parents whitethorn be resistant in making first contact, due to, a bad experience with teachers themselves, as children or bad experiences in otherschools with other teachers (Miller, 2003 & Roffey, 2002 as cited by Porter, 2008).There are different strategies teachers can use to maintain effective communication with parents and build strong relationships once they have made communication. tutelage a parents trust is important in maintaining open lines of communication so they can discuss concerns relating to the child and solve issues promptly. Teachers can gain parents confidence by ceaseless ly respecting confidentiality and avoiding rumors. If a parent finds out that, their childs teacher breached confidentiality or isa know gossip, parents will find it difficult to confide in them with an issue regarding their child, particularly if it is of a personal nature.Parents are also more likely to approach their childs teacher if they know they can discuss issues and reach a mutual agreement (Bender, 2005). Teacher-parent communication is all about showing trust and comfort with each other. Frequent communication between these two parties creates less tension, when an issue arises, allowing a constructive discussion to take place and reaching an agreement to begin with without hostility.Teachers can increase parent participation in the childs learning by updatingthem in upcoming activities and events, so they can be included in their childs education, stay informed in their childs successes and concerns, participate in special events, and contribute to their childs overall learning process. The activities and responsibilities of the school should not be limited to the school environment and cease once the child has reached home, therefore, teachers and parents should allow room for overlapping (Edwards, 2000). Keeping parents updated on their childs school progress allows parents to provide the necessary support and encouragement at home, giving them a better understanding of their childsdevelopment. At the same time, teachers should obtain information from parents regarding the childs progress at home, so teachers can help children accordingly at school. This grit and forth communication between parents and teachers will provide students with a supportive network that benefits everyone concerned (Ramirez, 2006). It is also the responsibility of teachers to advice parents when their child is involved in an accident.Teachers should al representations take detailed notes of incidents, remembering to keep confidentiality (between parents), if more than one student was involved (Koza, 2007).If a parent became aware about an incident through their child, it may give the parent the impression that the teacher tried to conceal the incident. By keeping parents constantly informed, reinforces the parent-teacher relationship, giving parents confidence in the teachers ability to care for their child.Teachers need to be flexible in their teaching, to meet each individuals needs. Teachers must demonstrate various teaching styles to accommodate how each individual learnt-to-learn (Edwards, 2009), by applying the learning methods children are familiar with enables them to accomplish more and feel comfortable intheir new learning environment. The way children learned to do tasks at home is crucial to their learning when they reach early childhood education, since each child learned to follow instructions and complete tasks differently, it would be unsusceptible to treat all children the same without taking into account their cultural differen ces and experience (Marotz, 2009).Educators teaching young children must consider the learning methods each individual is already accustomed to and design their teaching methods around the childrens experiences, and so, communication can beused effectively by incorporating different teaching strategies such as speaking, writing and visual demonstrations. For example, a child who has learned to complete a task by reading instructions will perform more efficiently if they are able to read from the board or paper, instead of following verbal instructions from a teacher.Teachers should make the effort to understand each childs previous learning experience and background, so they can identify the best teaching method required by each child. Teachers must lard appropriate methods and language for teaching and should outline the schools (or teachers) code of conduct regardinglanguage, to parents, so they can enforce the same rules at home to avoid children bringing unlike language to sch ool, causing disruptions in the learning of other children and disgruntling other parents.As teachers gain experience with children and parents of different cultures, religions and abilities, they develop their own communication skills so they can provide improved services to the children they teach in the future. A safe and positive classroom is an important environment for the learning and development of a child. As a classroom leader, the teacher must behave andcommunicate in a manner that creates a positive emotional climate in the classroom firstly, teachers must resolve or reduce stress caused by work and personal issues, doing so outside of the classroom, so they can concentrate on the needs of the children when they are in the classroom.Secondly, by displaying self-confidence, a strong sense of self-worth and control over their emotions creates a classroom atmosphere where children are happy, comfortable and safe, as a result, children respond more positively to their teache rs and classmates (Marotz, 2009). Ebbeck & Waniganayake (2003) stated that young children generally have asense of happiness and positiveness in them, but society depresses this and upsets the way children view the world and future, by creating fear in them (the media showing violence, bad behavior, and superficial concerns).However, teachers can empower children by showing them how to take their place in society and create a better now and future (Ebbeck & Waniganayake, 2003) and give them a feeling of optimism in everything they try to accomplish. Teachers who build a trusting deposit with their students are also better equipped, in understanding each individual, allowing children to open up and discuss personal problems with them. This enablesteachers to speak and listen to each individual considerably and identify signs of possible abuse, bullying or other health and safety concerns.In conclusion, effective communication is essential to all learning environments and without it , teachers will contend to teach and students will face learning difficulties, resulting in a decline in the quality of education. In early childhood education, it is up to the teachers to ensure that each childs education environment is safe and comfortable for the child, by showing flexibility in teaching to meet individual requirements and showing care and understanding to assist children with concerns.A strong parent-teacher relationship creates a support network where information is exchanged and issues are solved, to allow the child to concentrate on his or her learning and development. Early childhood educators are there to guide and support children in all aspects of life. References Ebbeck, M. & Waniganayake, M. (2003). Early childhood professionals Leading today and tomorrow. einsteinium Gardens, Australia Maclennan & Petty Pty Ltd Edwards, MC (2000) Center for effective parenting is a collaborative project of The Jones center for families, 3. Retrieved from http//www. p arenting-ed. org/handout3/Parental Involvement/Communicating with.Teacher Handout. pdf Edwards, S. (2009). Early childhood education and care. Castle Hill, Australia Pademelon Press Koza, W. (2007). Managing an effective early childhood classroom. Huntington Beach, USA Shell Educational Publishing. Marotz, L. R. (2009). Health, safety, and nutrition for the young child (8th ed. ). Australia Cengage Learning Porter, L. (2008). Teacher-parent collaboration Early childhood to adolescence. Camberwell, Australia ACER Press Ramirez, L (2006) Parent teacher The benefits of creating a supportive parent teacher relationship. Retrieved from http//www. parenting-child-development. com/parent-teacher. html.

Environmental Law

AN INTRODUCTION TO ENVIRONMENTAL LAW James Maurici, Landmark Chambers Introduction 1. This talk go a focussing look at i. What is environmental institutionalise of law? ii. The sources of environmental law iii. Some key concepts in environmental law the preventive convention, the defiler pays, public interest and gate to environmental justice iv. An introduction to the main aras of environmental law a. carry quality b. climate change c. contaminated land d. disturbance e. environmental permitting f. waste g. ater h. nature conservation i. curse j. environmental impact assessment k. strategic environmental assessment l. REACH v. Some late(a) important environmental matters. 2. Further reading the best introduction to the subject is the excellent Bell & McGillivray, surroundal natural law (OUP, 7th ed. , 2008). What is environmental law? 3. thither is no concordance on what environmental law is. This is a source of endless (academic) debate. 4. What is the environment? S ome reas bingled definitions i. S. (2) of the environmental Protection dally 1990 (the EPA 1990) The environment consists of all, or any, of the pursuit media, namely, the publicise, water and land and the medium of send off holds the air wi hand roughly buildings and the air inwardly other natural or man-made structures above or below ground. ii. surroundal Management Standard ISO 14001 air, water, land, natural resources, flora, fauna, humans and their interrelationship iii. lift up similarly Annex I to the Aarhus convening, of which to a greater extent later 1 5. A wise subject, underdeveloped? see Maturity and methodology starting a debate ab go forth environmental law scholarship Fisher, Lange, Scotford and Carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental principals about environmental law i. Christopher Stone, Should Trees Have Standing? Towards Legal Rights for Natural Objects (1972) Southern California LR 450-501 ii. Wild uprightness? The term wi ld law was archetypical coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa (Wild law of nature A Manifesto for Earth jurist, Green Books, Totnes, Devon, 2003) see http//www. ukela. org/rte. asp? d=5 and On thin ice Could wild laws valueing all the Earths community including animals, plants, rivers and eco forms save our natural humans? , by Boyle and Elcoate (The Guardian, 8 November 2006) the idea is Fish, trees, fresh water, or any elements of the environment, having legal rights which can be vindicated by local communities (http//www. guardian. co. uk/environment/2006/nov/08/ethicalliving. society). environmental law has many aspects i. Private law tort oddly nuisance (public and private), and as rise as station law ii. Public law state ruler a. fastenting standards water quality, air quality b. equiring authorisation of activities town mean, environmental permitting c. Prescribing mental turns to be carried out EIA, SEA nature d. Identify ing land or species that must be protected conservation, Sites of Special Scientific Interest (SSSIs), the Green Belt, AONBs etcetera e. Banning activities fly tipping f. Creating civil indebtedness contaminated land regime (see below) the Environmental Liability directional 2004/35 implemented by the Environmental Damage (Prevention and Remediation) Regulations 2009 (http//www. defra. gov. uk/environment/ insurance policy/ obligation/) etc. iii. Criminal law environmental crime a.Numerous offences in many Acts b. Environment delegation (formerly National Rivers Authority) v Empress Car Co 1999 2 A. C. 22 extraterrestrial person opened the unlockable tap of a diesel tank kept by Empress in a yard which drained at one time into a river, with the effect that the contents of the tank overflowed and drained into the rivers waters. Empresss conviction for causing poisonous, noxious or polluting matter to enter controlled waters contrary to the Water Resources Act 1991 s. 85(1) o n a prosecution brought by the NRA upheld by HL 6. 7. 2 c. See the Environment mental representations prosecution guide http//www. nvironmentagency. gov. uk/business/444217/444661/112913/? version=1&lang=_e d. A new approach The Regulatory En ridement and Sanctions Act 2008 (RESA 2008) main render brought into force 1 October 2008. The Act distributes disposal the power to give regulators, including local authorities, the Environment Agency, Natural England, English Heritage, the Countryside Council for Wales and others range of new enforcement powers (called civil sanctions). The Act was a response to a re observe by Richard Macrory1 that criticised the heavy reliance of most aras of regularization on cruel sanctions.The civil sanctions introduced are in take to the woodsed to grant regulators with an alternative to prosecutions and formal cautions. The intention is that the new sanctions will create a more per capita regulatory framework, and reduce the administrative b urden for regulators and businesses alike. 1. The civil sanctions created by RESA 2008 include a. strict monetary penalties in complaisance of relevant offences (ss. 39-41) b. discretionary prerequisites which may include variable monetary penalties, compliance requirements, and restoration requirements (ss. 42-45) c. top beaks, which prohibit a regulated person from carrying on a crabbed activity (ss. 46-49) d. enforcement under winnings, whereby regulated persons nullify the effects of other civil sanctions by under fetching to inject certain actions (s. 50). 2. The actual connives for these civil sanctions are to be made by the relevant presidency departments in respect of the matters falling within their respective competences. RESA 2008 simply provides the statutory basis for such enforcement mechanisms. In the environmental context, the Environment Agency and Natural England are the first to be given powers under RESA.The Environmental Civil Sanctions (England) Orde r 2010 and the Environmental Sanctions (Misc. Amendments) (England) Regulations 2010 pitch now been laid before Parliament. The Welsh Assembly Government is drawing up co-ordinated secondary legislation in Wales to extend civil sanctioning powers to the Environment Agency in Wales. 3. The Environment Agency press release on 3 February 2010 says The Environment Agency will be consulting business from 15 February 2010 to help shape how the new powers will be implemented. The Orders provide that detail on the train of the penalties to be provided for 1R Macrory Regulatory Justice Making Sanctions Effective Cabinet Office November 2006 3 4. 5. 6. 7. a. In relation to fixed monetary penalties, the level of penalty is set at between ? 100 ? 300 (Para. 3, Sch. 1) b. In relation to variable monetary penalties, no maximum level is set by the RESA 2008, save that where the offence is triable only summarily, the penalty must non exceed the maximum measuring for that fine (Para. 4, Sch. 2). An example case in the DEFRA consultation proposes a variable monetary penalty of ? 38,500 for a water contaminant incident as a result of poor site maintenance.The Environmental Civil Sanctions (England) Order 2010 though sets a maximum limit of ? 250,000. RESA 2008 provides that the regulator may only lower a monetary penalty in respect of a relevant offence where it is satisfied beyond reasonable interrogation that the subject of the penalty has committed the relevant offence (s 39(2) s. 42(2)). Both fixed and discretionary monetary penalties are to be imposed by the service of a notice of intent to impose a penalty, which affords the subject of the penalty an opportunity to define representations to the regulator.If the person fails to convince the regulator that the penalty should not be issued (or perhaps that the amount of the penalty should be reduced), the regulator will then issue a final notice requiring the payment of a penalty. Where a fixed or variable monetary penalty is imposed on a person, or when a notice of intent is served, criminal transactions cannot be taken in respect of that person (ss 41, 44). As such, the monetary penalty is intended to replace the criminal offence. Stop notices are notices issued by a regulator with the intention of prohibiting a person from carrying on a certain activity until the steps pecified in the notice have been taken. They can be imposed where the regulator reasonably believes that an activity (presently occurring or likely to occur) is causing, or presents a significant risk of causing, serious aggrieve to human wellness, the environment, and the financial interests of consumers, and the regulator reasonably believes that the activity as carried on involves or is likely to involve the commission of a relevant offence (s 46(4)). Persons receiving a final notice, or a stop notice, have a right of appeal.That right of appeal must allow the subject of the penalty to argufy the finish on (at least) the following bases see RESA 2008 a. That the decision to impose the penalty was based on an error of fact b. That the decision was wrong in law 4 c. That the decision was unreasonable (and in the case of variable penalties, that the amount of the penalty was unreasonable) d. In relation to stop notices only, that the person has not committed the offence and would not have committed the offence if the stop notice was not served. 8.In common with the other civil sanctions, the appeal is made to the new Regulatory Chamber of the First-tier judicatory created under the motor inns, addresss and Enforcement Act 2007. RESA 2008 itself contains no indication of what level of scrutiny the Tribunal will apply to a decision of a regulator. On the face of the Act, it is not clear whether it should apply a Wednesbury test, or whether it should (in effect) retake the decision. How ever, the draft Order provides that the regulator must prove the commission of the offence beyond reasonable dou bt on appeal and that the tribunal must determine the standard of proof in any other matter.An appeal from the First-tier Tribunal is to the Upper Tribunal on a point of law only. 9. bind 6 issues see Rethinking regulatory sanctions Regulatory Enforcement and Sanctions Act 2008 an exchange of letters E. L. M. 2009, 21(4), 183-18. iv. EC law in the main said 80% of environmental law in UK derives from EU see below. v. planetary law see further below, increasingly important. 8. Planning law is training law part of environmental law? Yes, undoubdetly. But beyond this talk to consider see Moore A Practical Approach to Planning Law (10th ed, OUP).Who are the regulators? i. Central Government Defra, DCLG, DECC but to a fault DfT, BERR ii. Local Government historical role in public health resistance. Now Town & Country Planning, EPA 1990 (statutory nuisance) noise also air quality and management and contaminated land (for non-special sites). Also a regulator under Environmental Perm itting Regulations 2007 (soon to be 2010, the EPR) for certain installations iii. The Environment Agency an executive non-departmental government torso, principal environmental regulator in England & Wales.Responsible for environmental permitting, water resources, flooding and coast management, waste, emissions trading. 13,000 employees. In Scotland SEPA iv. Natural England merger of English temper and Countryside Agency obligated for nature conservation, species and habitat protection, National Parks, Countryside and Rights of Way Act. CCW similar role in Wales. In Scotland Scottish National Heritage v. Others Mari meter and Coastguard Agency Drinking Water Inspectorate Nuclear Installations Inspectorate. 5 9. The sources of environmental law (1) Inter issue Environmental Law 10.Important direct influence on domestic law, but also on EC law and through that domestic law. 11. Some examples the 1979 geneva Convention on Long-Range Transboundary befoulment, the Kyoto Protocol, an d the Aarhus Convention (see below). 12. Illustrate importance of International Law by reference to the UNECE Convention on Access to Information, Public beginicipation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). The Aarhus Convention entered into force in October 2001. It was ratified by the UK in February 2005, and by the EU in the same month.As of 8 September 2009, in that respect were 43 Parties to the Convention. 13. oblige 1 In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well being, each Party shall guarantee the rights of access to information, public participation in decision making, and access to justice in environmental matters in accordance with the provisions of this Convention. 14. The Convention contains three broad themes or pillars i. access to environmental nformation (Articles 4 -5) ii. public partici pation in environmental decision-making (Articles 6 -8) and iii. access to justice in environmental matters (Article 9). 15. Former United Nations Secretary-general Kofi Annan said Although regional in scope, the significance of the Aarhus Convention is global. It is by far the most impressive elaboration of tenet 10 of the Rio Declaration, which stresses the need for citizens participation in environmental issues and for access to information on the environment held by public authorities.As such it is the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations (emphasis added). 16. It has had, and continues to have a profound impact on the development of EC and UK environmental law. 17. Access to environmental information i. the Environmental Information Regulations 2004 (SI 2004/3391) (the EIR) ii. implements leading 2003/4/EC on public access to environmental information (EI leading). The EI leading repealed the earlier Directive 90/313/EEC and was intended to give effect to the Aarhus Convention. 6 18.The EIR apply to environmental information, which is defined in regulation 2 in the following way environmental information has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on (a) the state of the elements of the environment, such as air and glory, water, s fossil oil, land, landscape and natural sites including wetlands, coastal and oceanic areas, biological transformation and its components, including genetically modified organisms, and the interaction among these elements (b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, strikeing or likely to affect the elements of the environment referred to in (a) (c) circulars (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements (d) reports on the implementation of environmental legislation e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c) and (f) the state of human health and safety, including the contamination of the fare chain, where relevant, conditions of human behavior, cultural sites and built structures inas a great deal as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c) 19. As is clear from the EIR, that definition replicates that in the EI Directive, which in turn is in similar terms to the definition of environmental information in the Aarhus Convention. The ECJ has treated enviro nmental information as having a broad meaning under Directive 90/313/EEC.In Case C-321/96 Mecklenburg v Kreis Pinneberg Der Landrat 1998 ECR I-3809, the ECJ found the wording of the definition (albeit different from that in the present version of the EI Directive) to create a broad concept of what can constitute environmental information. 20. A broad interpretation of the meaning of environmental information is also advocated by the Information missionary workers Office (ICO), see http//www. ico. gov. uk/what_we_cover/environmental_information_regulation/guida nce. aspx. Requests falling under the EIR must be dealt with under those regulations and not as an FOIA request. NB the social functions and exemptions are different. 21.The Supreme Court in Office of Communications v Information cathexiser 2010 UKSC 3 referred to ECJ the following question Under Council Directive 2003/4/EC , where a public authority holds environmental information, disclosure of which would have some adve rse effects on the crystalise interests served by more than one exception (in casu, the interests of public security served by article 4(2(b) and those of intellectual property rights served by article 4(2)(e)), but it would not do so, in the case of either exception viewed separately, to any extent sufficient to outweigh the public interest in disclosure, does the Directive require a further consumption involving the cumulation of the separate interests served by the two exceptions and their weighing together against the public interest in disclosure? . The information requested relates to the precise location of quick phone base stations in the United Kingdom. 7 22. For other cases touching on the EIR see Veolia ES Nottinghamshire Ltd v Nottinghamshire CC 2010 Env. L. R. 2 and the dress up case discussed in the Annex below. 23. Public participation in environmental decision-making In R(Greenpeace Ltd) v Secretary of call down for Trade and Industry 2007 Env. L. R. 29 (a chall enge to the consultation process in relation to new build thermonuclear) Sullivan J said 49. Whatever the position may be in other policy areas, in the development of policy in the environmental field consultation is no longer a privilege to be granted or withheld at will by the executive. The United Kingdom Government is a signatory to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).The Preamble records the parties to the Convention Recognizing that adequate protection of the environment is essential to human wellbeing and the enjoyment of basic human rights, including the right to life itself, Recognizing also that every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the benefit of present and future generations, Considering th at, to be able to assert this right and observe this duty, citizens must have access to information, be empower to participate in decision-making and have access to justice in environmental matters, and acknowledging in this regard that citizens may need assistant in order to exercise their rights, Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns Aiming thereby to further the accountability of and enhancer in decision-making and to strengthen public support for decisions on the environment, 50 Article 7 deals with Public Participation concerning Plans, Programmes and Policies relating to the Environment. The final sentence says To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment. 51 Given the importance of the decision under challengewhether new nuclear build should now be supportedit is difficult to see how a promise of anything less than the fullest public consultation would have been consistent with the Governments obligations under the Aarhus Convention . 24.See also what Lord Hoffmann said on public participation in the context of EIA in Berkeley (see below). 25. Access to justice in environmental matters Article 9 requires that members of the public have access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of environmental decision-making. Article 9(4) requires that the procedures for rights of access to justice in environmental matters shall provide adequate and in effect(p) remedies, including injunctive relief as a ppropriate, and be fair, equitable, timely, and not prohibitively expensive.In recent times the key issue in England & Wales has been the not prohibitively expensive requirement see below. 8 26. What is the status of the Aarhus Convention? i. It is an international convention, and the parties to the convention have established a Compliance commission that can investigate alleged illustrates of non-compliance. There are currently three complaints relating to the UK in which decisions are awaited a. ACCC/C/2008/27 this is a complaint brought by the Cultra Residents Association, County Down. The Association was one of five who were applicants in judicial review proceedings brought in the High Court in Northern Ireland.The judicial review proceedings related to the expansion of City drome in Belfast. The proceedings were dismissed as being premature (Kinnegar Residents Action Group & Ors, Re Judicial Review 2007 NIQB 90 (7 November 2007)). The Departments be were awarded against the applicants in the sum of ? 39,454. The Association alleged that the award of costs violated its rights under Article 9 of the Aarhus Convention. b. ACCC/C/2008/23 this arises out of the Morgan v Hinton Organics case considered below. A summary of that case records the complaint as being that the communicants rights under article 9, separate 4, of the Convention were violated when they were ordered to pay costs amounting to somewhat ? 5,000, which, in the opinion of the communicants, is prohibitively expensive. The costs order was issued following a discharge of an interim injunction obtained by them earlier in private nuisance proceedings for an injunction to prohibit offensive odours arising from Hinton Organics (Wessex) Ltd operating a waste composting site. The communicants allege that the issuing of the costs order by the Court, in circumstances where one month before it had agreed and made an order that there was a serious issue to be tried and that the Claimants should enjo y interim injunctive relief, amounts to non-compliance with article 9, paragraph 4, of the Convention. c.A third communication concerning the UK has been brought Mr. James Thornton, the CEO of ClientEarth. The complaint there is that the law and jurisprudence of the UK fail to comply with the requirements of article 9, paragraphs 2 to 5, in particular in connection with restriction on review of substantive legality in the course of judicial review, limitations on possibility for individuals and NGOs to challenge act or omissions of private persons which contradict environmental law, prohibitive nature of costs related to access to justice and uncertain and overly restrictive nature of rules related to time limits within which an action for judicial review can be brought. ii.The status of the Convention in the domestic law of the UK was recently considered by the Court of apostrophize of England & Wales in Morgan v Hinton Organics (Wessex) Ltd 2009 C. P. Rep. 26 see further below. Carnwath LJ explained (see para. 22) that for the purposes of domestic law, the convention has the status of an international treaty, not directly incorporated. Thus its provisions cannot be directly applied by domestic courts, but may be 9 taken into account in resolving ambiguities in legislation intended to give it effect (see Halsburys Laws Vol 44(1) Statutes para. 1439)). iii. The EC dimension The EU itself has ratified the Aarhus Convention.As a result its institutions can take enforcement action against instalment States for non-compliance. Indeed the provisions of Article 9 of the Aarhus Convention concerning access to justice have been inserted into two key EC environmental directives. Article 10A of the 1985 EC Directive on Environmental tint Assessment (EIA) provides that Member States must ensure that members of the public have access to a review procedure before a court of law or other independent body to challenge the substantive or procedural decisions, acts or omis sions subject to the public participation provisions of the Directive, and that any such procedure shall be fair, equitable, timely, and not prohibitively expensive.Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC), which provides for a consent system for a extensive range of industrial activities, is similarly amended with a new Article 15a, which also provides that procedures for legal challenges must be fair, equitable, timely, and not prohibitively expensive. Also a. The requirements of Article 9 have been recently considered by the ECJ Case C? 427/07 Commission v Ireland 17 July 20092 b. It is well known that in 2006 CAJE (Capacity Global, Friends of the Earth, the violet Society for the Protection of Birds and WWF) complained to the EC Commission about UK non-compliance with Aarhus in particular as regards the not prohibitively expensive obligation. A Letter of Formal batting order was sent to the UK in December 2007.It is understood that the Commissi on is currently considering whether to issue the UK with a Reasoned Opinion. It is said in Morgan v Hinton Organics that the Commission decision was awaiting the Sullivan encompass (www. wwf. org. uk/filelibrary/pdf/justice_report_08. pdf, see below) This arose in the context of infraction proceedings against the Republic of Ireland. In the proceedings it was alleged, inter alia, that Ireland had failed to transpose requirements in Article 10a of the EIA Directive and Article 15a of the IPPC Directive by ensuring that procedures for access to justice in respect of decisions made under those Directives were not prohibitively expensive.The Commission complained that there is no applicable ceiling as regards the amount that an unsuccessful applicant will have to pay, as there is no legal provision which refers to the fact that the procedure will not be prohibitively expensive. The ECJ concluded that 92. As regards the fourth argument concerning the costs of proceedings, it is clear t hat the procedures established in the context of those provisions must not be prohibitively expensive. That covers only the costs arising from participation in such procedures. Such a condition does not prevent the courts from making an order for costs provided that the amount of those costs complies with that requirement. 3 Although it is common ground that the Irish courts may decline to order an unsuccessful party to pay the costs and can, in addition, order expending incurred by the unsuccessful party to be borne by the other party, that is merely a discretionary practice on the part of the courts. 94 That mere practice which cannot, by definition, be certain, in the light of the requirements laid down by the settled case-law of the Court, cannot be regarded as valid implementation of the obligations arising from the EIA and IPPC Directives 2 10 and the UKs response to it. This is because the UK Government had indicated in would respond to the Sullivan treat. It then did not do so.The first public response to the Sullivan Report came in the form of the submissions of the UK to the Aarhus Compliance Committee in the Cultra Residents Association communication and related communications (see above). Some of the commensurateness between the Commission and the UK is recorded in the judgment in Morgan (see below) as is correspondence between the Aarhus compliance authorities and the UK. 27. The influence of Aarhus in the English Courts there have been numerous cases in England & Wales that have made reference to the Aarhus Convention in the costs context. The most common context in which this consideration has arisen is in respect of activitys for a evasive costs order or PCO about which much more below. 28. The first time that Aarhus was mentioned by the Courts of England & Wales was in R. Burkett) v Hammersmith and Fulham LBC (Costs) 2004 EWCA 2005 C. P. Rep. 113. Since then Aarhus been at the forefront of the liberalisation of the PCO case-law. The rest rictive approach evident in the (non-environmental cases) of R (Corner House Research) v. Secretary of State for Trade and Industry 2005 1 WLR 2600 and R (Goodson) v Bedfordshire & Luton Coroner 2006 C. P. Rep. 6 has been relaxed and Aarhus has been at the forefront of this The Court of appealingness in an addendum to their judgment having referred to the requirement in the Aarhus Convention that judicial procedures in environmental law not be prohibitively expensive said 75.A recent study of the environmental justice system (Environmental Justice a report by the Environmental Justice Project, sponsored by the Environmental Law Foundation and others) recorded the concern of many respondents that the current costs regime precludes compliance with the Aarhus Convention. It also reported, in the context of public civil law, the view of practitioners that the very limited profit yielded by environmental cases has led to little interest in the subject by lawyers save for a few bear on and interested individuals. It made a number of recommendations, including changes to the costs rules, and the formation of a new environmental court or tribunal. 76. . f the figures revealed by this case were in any sense typical of the costs reasonably incurred in litigating such cases up to the highest level, very serious questions would be raised as to the possibility of ever living up to the Aarhus ideals within our present legal system. 77. Equally disturbing, perhaps, is the fact that this large expenditure on Mrs Burketts behalf has not, as far as we know, yielded any practical benefit to her or her neighbours. 80. We would strongly welcome a broader study of this difficult issue, with the support of the relevant government departments, the professions and the Legal Services Commission. However, it is important that such a study should be conducted in the real world, and should look at the issue not only from the point of view of the lawyers involved, but also taking accou nt of the likely practical benefits to their clients and the public.It may be thought desirable to include in such a study certain issues that relate to a quite different contemporary concern (which did not arise on the present appeal), namely that an unprotected claimant in such a case, if unsuccessful in a public interest challenge, may have to pay very heavy legal costs to the successful defendant, and that this may be a unattackable factor in deterring litigation directed towards protecting the environment from harm. 3 11 i. R (England) v LB of Tower Hamlets 2006 EWCA Civ 1742 restrictive approach to no private interest not applicable in environmental context, Carnwath LJ refers to Aarhus ii. May 2008 the report of the Working Group on Access to Environmental Justice Ensuring access to environmental justice in England and Wales chaired by Sullivan J. Aarhus central to this report and report itself sience driven the case-law iii.R (Compton) v Wiltshire Primary Care Trust 2008 CP Rep 36 a nonenvironmental case but Court of Appeal in relaxing requirements refers to Aarhus and the Sullivan Report iv. Further consideration in R (Buglife) v Thurrock Thames Gateway Development pot 2009 C. P. Rep. 8 environmental case further considering criteria for grant of a PCO v. Morgan v Hinton Organics (Wessex) Ltd see above, further relaxation and citation of Aarhus vi. Aarhus features prominently in Jackson Report recommendation for judicial review generally and environmental cases for qualified one way costs shifting. (2) EC law 29. Hugely important all environmental lawyers must be EC lawyers. 30. The TEU i.Article 4 the environment an area of shared competence EC and Member States ii. Article 11(ex Article 6 TEC) Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development iii. Article 114(3) (ex Article 95 TEC) The Commissio n, in its proposals envisaged in paragraph 1 concerning environmental protection will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective iv.Article 191 193 (ex Articles 174 176 TEC) Article 191 (ex Article 174 TEC) Union policy on the environment shall contribute to pursuit of the following objectives preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. 2. Union policy on the environment shall aim at a high level of protection taking into account the variety of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. 3.In preparing its policy on the environment, the Union shall take account of available scientific and technical data, environmental conditions in the various regions of the Union, 12 the potential benefits and costs of action or lack of action, the economic and social development of the Union as a unanimous and the balanced development of its regions. Article 192 (ex Article 175 TEC) 1. The European Parliament and the Council, acting in accordance with the usual legislative procedure and after consulting the economical and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191. 2.By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 114, t he Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt (a) provisions primarily of a fiscal nature (b) measures affecting town and solid ground supplying, quantitative management of water resources or affecting, directly or indirectly, the availability of those resources, land use, with the exception of waste management (c) measures significantly affecting a Member States choice between different energy sources and the general structure of its energy supply. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph. 3. General action programmes put out priority objectives to be attained shall be adopte d by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be. 4. Without prejudice to certain measures adopted by the Union, the Member States shall finance and implement the environment policy. 5. Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, such measure shall lay down appropriate provisions in the form of temporary derogations, and/or financial support from the Cohesion Fund set up consistent to Article 177.Article 193 (ex Article 176 TEC) The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introdu cing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission. 31. Numerous Directives (as well as Regulations and Decisions) on environmental law will look at a number below but some examples i. The Environmental Liability Directive 2004/25 ii. The Environmental Impact Assessment Directive iii. The Waste Framework Directive iv. Directive 2000/60 establishing a framework for EC action in the field of water policy. 32. Decisions of the ECJ hugely important purposive approach to interpretation especially visible in environmental context. A classic example is in relation to EIA 13Directive the Court has frequently pointed out that the scope of Directive 85/337 is wide and its purpose very broad. 33. Why EC law so important? Directly effective, and supreme 34. And there is a further matter Francovich liability and Kobler In Cooper v Attorney General 2008 3 C. M. L. R. 45 Plender J. dismissed the first claim br ought in the UK for damages, pursuant to the ECJs decision in Case C-224/01 Kobler v Republik Osterreich 2003 ECR I-10239. In that case the ECJ held that a Member State may be answerable in damages for failures by its courts of final instance to give effect to EC law, where the failure amounts to a sufficiently serious breach of EC law.The case arises out of what are alleged to have been sufficiently serious/ obvious errors of EC law by the Court of Appeal when dismissing judicial review proceedings commenced by Stephen Cooper and the other then trustees of the CPRE capital of the United Kingdom Branch in October 1999 in respect of the Westfields development see R. v London Borough of Hammersmith and Fulham 2000 2 C. M. L. R. 1021 2000 Env. L. R. 549 and 2000 Env. L. R. 532. In dismissing the claim for judicial review the Court of Appeals reasoning was in part based on (i) a finding that EIA could not be required at the reserved matters stage of the planning permission procedure and (ii) that the EIA Directive did not require the Council to revoke a permission if it was granted in breach of the EIA Directive.Both findings have in effect been afterward been overruled by the ECJ see R (Wells) v Secretary of State for Transport, Local Government and the Regions, 2004 ECR I-723 on 7 January 2004 Case C-508/03 Commission v UK (Article 226 (as was) EC proceedings involving, inter alia, Westfields shopping centre) C-590/03 Barker and the House of Lords decision in Barker 2007 1 AC 470. 35. As well as dismissing the judicial review in 2000 the Court of Appeal awarded against the trustees of the CPRE two sets of costs. The Kobler damages claimed were the recovery of those costs. Plender J. concluded that the case fell far below the standard required to constitute a manifest infringement of the applicable law so as to give rise to a claim for damages.He said any contention that a court adjudicating at last instance can be said to have made a manifest error of associat ion law when its judgment is, in some respect, inconsistent with a later judgment of the ECJ is as misconceived as it is inconsistent with the judgment in Kobler. Community law is a system in the process of constant development. This is recognized in the many judgments of the ECJ that refer to the subsequent development of Community law applicable to this domain (see most recently Case C 375/05, Erhard Geuting v Direktor der Landwirtschaftskammer Nordrhein-Westfalen fur den Bereich Landwirtschaft, 4th October 2007, 18. ) This being the case, inconsistencies between national decisions and subsequent judgments of the Court of Justice can be expected to arise.Claims based on the Kobler case are to be reserved for exceptional cases, involving errors that are manifest and in assessing whether this is the case, account must be taken of the specific characteristics of the judicial function, which entails the application of judgment to the interpretation of provisions capable of bearing mo re than one meaning. 36. The Court of Appeal decision awaited, other Kobler damages claims all in environmental cases pending 14 (3) Domestic law 37. Primary legislation the ever growing nature of environmental law i. 2008 the Climate metamorphose Act 2008 get-up-and-go Act 2008, Planning and Energy Act 2008, the Planning Act 2008 Regulatory Enforcement and Sanctions Act 2008 ii. 2009 Green Energy (Definition and Promotion) Act 2009 Marine and Coastal Access Act 2009 iii. 010 Climate Change (Sectoral Targets) Bill the Consumer Emissions (Climate Change) Bill the Development on alluvial sediment Plains (Environment Agency Powers) Bill the Energy Bill the Environmental Protection (FlyTipping Reporting) Bill Flood and Water Management Bill. 38. Most EC Directives transposed via secondary legislation via EC Act Westlaw suggests that 596 statutory instruments touch on with the environment have been made since 1 January 2008 39. Guidance, policies etc soft law voluminous in environ mental law. 40. Case-law environmental law occupies Courts from Magistrates Courts to the House of Lords i. Recent environmental cases before the House of Lords include R. (Edwards) v Environment Agency (No. 2) 2008 1 W. L. R. 1587 and Wasa International Insurance Co Ltd v Lexington Insurance Co 2009 3 W. L. R. 575.And again to illustrate how broad is environmental law the first was a judicial review challenge to the grant of a pollution prevention control permit to allow the burn shredded and chipped tyres as a partial substitute fuel in cement kilns in Rugby and the second was about the construction and choice of law for a reinsurance contract concerned with environmental damage clean up. ii. Magistrates Court decisions in environmental cases can end up before the ECJ see Case C-252/05 R. (Thames Water Utilities Ltd) v Bromley Magistrates Court 2007 1 W. L. R. 1945 (on the meaning of waste). 41. There have over the years been calls for the setting up of a specialist environmental court, see H Woolf Are the workbench Environmentally Myopic? (1992) 4 Journal of Env Law 1 Professor Malcolm Grants Environmental Court Project Final Report (2000, DETR) and R Macrory & M Woods Modernising Environmental Justice Regulation and the Role of the Environmental Tribunal (UCL London, 2003). (4) the interface with human rights 42. The European Convention on Human Rights does not have any explicit environmental rights but there is a growing body of case-law Article 8, (also Articles 2 and 3) i. Lopez Ostra v Spain 20 EHRR 277 ii. Guerra and others v Italy 26 EHRR 357 15 iii. S v France 65 DR 250 iv. Hatton v United Kingdom (2003) 37 E. H. R. R. 28. Some key concepts in Environmental law 43. We have looked at some key concepts already public participation access to environmental information and access to environmental justice. 44.There are two other key concepts both of which we have seen mentioned directly in the text of the TEU (i) the polluter pays principle and (ii) th e precautionary principle. (1) the polluter pays principle 45. In environmental law this is the principle that the party responsible for producing pollution should also be responsible for paying the damage done as a result of that pollution to the national environment. 46. International Law i. assertable regional customary international law as a result of strong support by both EC countries and countries of OECD. ii. OECD early documents on polluter pays a. Environment and Economics Guiding Principle concerning international economic aspects of environmental policies (1972) b.The implementation of the Polluter Pays Principle (1974) c. Recommendation of the Council concerning the operation of the Polluter-Pays Principle to Accidental Pollution (1989) iii. Rio Declaration on Environment and Development 1992 Set out in Principle 16 (Rio Declaration was document produced at 1992 UN Conference the Earth crownwork of 27 principles intended to guide future sustainable development around the world. Some regard the principles as third generation rights). 47. Applications in countries around the world i. Eco-taxes e. g. US Gas-Guzzler tax where cars with increased pollution pay more. ii. US Superfund law requires polluters to pay for cleanup of hazardous waste sites. iii.Extended polluter responsibility First draw by the Swedish government in 1975 and applied by economies where the cost of pollution is internalised into the cost of the product to shift responsibility of dealing with pollution from governments to those responsible. See also OECD document Extended Polluter Responsibility (2006). 48. EC Law i. Article 191 TEU (ex Article 174 TEC) 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the 16 ii. iii. iv. v. precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. sixth Community Environment Action Programme which covers the period until July 2012 sets out the Polluter Pays Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1. EC Directive 2004/35/EC Environmental Liability Directive Embodiment of polluter pays principle and provides that the one responsible for the pollution should pay for the damage caused to the environment. Council Recommendation (75/436/Euratom, ECSC, EEC and the attached Communication) As a result of Article 174, the Commission set out the Polluter Pays principle as well as a number of exceptions to the Polluter Pays Principle, which are also provided for under Article 175(5) of the Treaty.Commissions Technical Paper 1 on the new programming period 2000-2006 Application of the Polluter Pays Principle, differentiating the rates of community assistance for funds Incorporates the polluter pays principle t o community assistance for structural funds and ISPA infrastructure operations. 49. Domestic Law Contaminated Land Regime (see below) exemplifies it. Contained in Part 2A of the EPA 1990. Contained in Circular 01/2006, Annex 1, para. 37 Under the provisions concerning liabilities, responsibility for paying for remediation will, where feasible, follow the polluter pays principle. Principle referred to in a number of domestic authorities including recently Corby Group Litigation v Corby DC 2009 EWHC 1944 (TCC) and R. (Thames Water Utilities Ltd) v Bromley Magistrates Court 2009 Env. L. R. 13. (2) the precautionary principle 50.The Preventative principle Prevention of environmental harm should be the ultimate goal when taking decisions, actions or omissions with potentially adverse environmental impacts. And an important corollary of this is the precautionary principle A precautionary approach should be taken whenever there is uncertainty as to whether environmental harm will arise, even if the remedy involves a substantial cost. 51. International law i. Rio Declaration on Environment and Development 1992 a. Set out in principle 15. b. In addition, Principle 2 effecting the Preventative principle States havethe responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction. ii.Article 2 of the Framework Convention on Climate Change 1992 The ultimate objective is to achieve the stabilization of a babys room bluster emissions in the atmosphere to a level that would prevent dangerous anthropogenic interference with the climate system. 17 iii. International cases Trail Smelter Arbitration (US v Canada) 3 RIAA (1941) No state had the right to permit the use of its territory in a way that would cause injury by fumes to the territory, people, or property of another. In this case that Canada should prevent pollution entering the US. iv. Ad hoc expert group established by UNESCO to study the precautionary principle and its application. 52. EC Law i. Article 191 TEU (ex Article 174 TEC) 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union.It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. ii. European Commission Communication on Precautionary Principle, endorsed by Heads of Government at a General Affairs Council at Nice in December 2000 (COM 2000 1) establishes essence of precautionary Principe and how it should be applied Where there are threats of serious or permanent damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. iii.Sixth Community Environment Action P rogramme which covers the period until July 2012 sets out the Precautionary Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1 iv. Cases, examples a. Joined Cases T-74/00, 76/00, 83/00, 84/00, 85/00, 132/00, 137/00 & 141/00, Artegodan GmbH v Commission 2002 E. C. R. II-4945, at para. 184 Precautionary principle general principle of EC Law. b. UK v Commission 1998 Case C-180/96 ECJ held EC institutions could take protective measures without having to wait until the reality and seriousness of those risks became fully apparent (in this case Commission had issued decision on emergency measures to protect against BSE which UK was seeking to annul). c.Pfizer carnal Health SA v Council of the European Union 2002 T13-99 CFI affirmed that under the precautionary principle, EC institutions are entitled in the interests of human health to adopt on the basis of currently incomplete scientific knowledge protective measures and that they have a broad discretion in this respect. v. Application in European directives relating to environment. Examples a. Directive 2008/ 101/EC on greenhouse gas emissions trading scheme, Recital (19) specifically refers to precautionary principle. b. Directive on Hazardous waste particularly refers to precautionary principle. 53. Domestic Law i. R v Secretary of State for Trade and Industry ex p Dudderidge 1995 (The Times 26 October 1995) Challenge brought that Secretary of State should 18 ssue regulations restricting electromagnetic fields from electric cables being laid as part of national grid under precautionary principle and Article 130r now Art. 191 of EC Treaty. Court of Appeal held that precautionary principle had no distinct legal effect in the UK and Article 130r of EC Treaty did not impose such an obligation on the Secretary of State. ii. R (AMVAC Chemical UK Ltd) v The Secretary of State Environment, Food, & Rural Affairs and others 2001 EWHC Admin 1011 Court considered precautiona ry principle in detail. Crane J state precautionary principle requires that where threats of serious or irreversible damage, lack of scientific certainty should not be posed as reasoning for postponing cost-effective measures to prevent environmental degradation.Referred to UK Sustainable Development Strategy 1999 referring to precautionary principle, EC communication, Caragena Protocol on Biosafety 2000, Article 174(2) EU Treaty (Community policy on the environment. shall be based on the precautionary principle and on the principles that preventative action should be taken). iii. Now recognised in domestic law UK Interdepartmental Liaison Group on Risk Assessment (HSE) print paper on The Precautionary Principle Policy and Application iv. Application seen in domestic law Incorporation in PPS25 (2001), development and flood risk where preventative principle is seen to be of particular importance. v. Included in White Paper 2007 on sustainable development. vi.UK Sustainable developme nt Strategy Chapter 4 specifically refers to the precautionary principle (available on defra website). vii. Included in defra Guidelines on Environmental Risk Assessment and Management (1. 6 Risk Management and the precautionary principle). An introduction to the main areas of environmental law 54. This can be no more than the briefest of introductions (1) line of reasoning Quality 55. Human activities across the spectrum produce pollutants that affect the quality of the air around us, ranging from the everyday of driving to complicated industrial processes producing highly toxic fumes. Regulatory measures are put forward as a response to try and regulate the production of air pollutants that are produced.Initially there was a more reactive approach of addressing specific problems as they arose. Recently, with increasing concerns about air quality and climate change there is a more proactive and integrated approach to regulating the emission of pollutants. 56. Sources of Air Qualit y Law i. International Law Air pollution is not confined to boundaries pollution caused by one country affects the air quality of anothers. International law has therefore long been concerned with pollution of the atmosphere. International treaties concluded tend to be framework treaties setting out broad principles which can then be implemented with more detail into domestic laws. Sources include 19 a.The 1979 Geneva Convention on Long-Range Transboundary Air Pollution Imposes obligations to endeavour to limit air pollution using the best available technology feasible. Followed by protocols on the decrement of specific pollutants. b. The 1985 Vienna Convention for the Protection of the Ozone layer Takes Action against activities that were likely to modify the ozone layer. Followed by the Montreal Protocol setting concrete targets and the 1999 Gothenburg Protocol aiming setting emissions ceilings for particularly acidic and ground-level ozone emissions, namelySO2, NOx, VOCs and ammonia. c. The 1992 Framework Convention on Climate Change Starts with the position of common but differentiated responsibility imposing lesser burdens on developing countries in order to allow sustainable development.Stabilize greenhouse gas emissions at a level that would not interfere with the climate system of food production. Provides for national inventories of emissions, integration of climate change issues. d. The Kyoto Protocol Sets stick reduction targets for parties signed up to it (listed in Annex I). Adopted in 1997 and entered into force in 2005. Sets out specific reduction targets for different countries in relation to six gases CO2, NOx, HFCs, PFCs, methane, ground-level ozone. ii. EC Law a. Ambient Air Quality Directive (2008/50/EC) Aimed at defining principles of a common strategy to assess and define objectives for ambient air quality.Identified 13 ambient air pollutants for which various forms of specific controls were to be introduced under daughter directi ves. Controls mainly to take the form of limit determine, target values, and alert thresholds. Implemented by Air Quality Standard Regulations 2007. Regime originated with Air Quality Framework Directive (96/62/EC). 2008 Directive consolidates existing legislation apart from 4th Daughter Directive, and must be implemented by 11 June 2001. b. Daughter directives 1. 1st Daughter Directive, 1999/30/EC Set limit values for SO2, NO2, NOx, PM and lead 2. 2nd Daughter Directive, 2000/69/EC Set limit values for benzene and CO2 3. 3rd Daughter Directive, 2002/3/EC Set objectives and thresholds for concentrations of ozone. 4. th Daughter Directive, 2004/107/EC Set target values for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene. 5. Integrated Pollution Prevention and Control Directive (IPPC) (96/61/EC) Creates a regime for tyrannical polluting releases from certain industrial activities to air, water and land. Implemented by UK EPR 2007 (see below) 20 6. National Emissions C eilings Directives (Directive 2001/81/EC) Effects the Gothenburg Protocol by setting ceilings for each MS for emissions of Ammonia, SO2, NOx and VOCs which must have been met by 2010. Implemented by The National Emissions Ceilings Regulations 2002. UK must report emissions of four NECD Pollutants annually, DEFRA produces yearly emission data. 7.Large Combustion Plant Directive (2001/80/EC) Controls emissions of SO2, N0x and dust from large combustion plants with aim of cut down acidification by providing emission limit values for such pollutants. 8. Solvent Emissions Directive (1999/13/EC) Limits emissions of VOCs in environment by requiring permits for such emissions in specified activities and installations. revise by Paints Directive. Effected by EP Regulations, Schedule 14. 9. Petrol Vapour Recovery Directive Aimed at controlling emissions from motor vehicles. Stage II PVR now proposed for controlling emissions when motor vehicles refuelling. 10. Paints Directive (2004/42/ EC) Limitation of emissions of VOCs in certain paints.Furthers objective of reducing VOC emissions by setting limits for VOC use. Implemented in UK by vaporific Organic Compounds in Paints, Varnishes and Vehicle Refinishing Production Regulations 2005. 11. Sulphur Control of Liquid Fuels Directive (1999/32/EC), objective to reduce emissions of SO2 resulting from combustion of heavy fuel oil and gas oil by limiting sulphur content in these oils. Implemented by Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007. 12. Waste Incineration Device (WID) (2000/76/EC) Applies to most activities that involve burning waste, including burning waste to fuels. Regulates standards and methodologies for incineration of waste. 13.The European Pollutants Release and Transfer Register. Commission Decision 2000/479/EC Provides for a European register of air emissions, allows direct comparison of air emissions across all member states. Member states have to produce a three yearly re port on emissions to air and water at industrial installations if certain threshold values exceeded which are then recorded and maintained on the register. c. Domestic Law 1. Environment Permitting Regulations 2007 (see below) Brings serial of environmental controls together, including PPC and waste management licensing by requiring that an environmental permit must be granted for operation of a regulated facility.Permit requires regulators to exercise permit-related functions to throw overboard obligations with various 21 directives include large combustion plan directive, solvent emissions directive, waste incineration directive and petrol vapour recover directive. 2. Useful Guidance DEFRA Environmental Permitting General Guidance Manual on Policy and Procedures for A2 and B Installations 3. National Air Quality Strategy a. UK Air Quality Strategy Strategy published by the Secretary of State containing policies with respect to assessment or management of quality of air. Require d by s. 80(1) of Environment Act 1995. Sets specific objectives for different air pollutants. b.Local Air Quality Management Environment Act 1995 imposes duty on LAs to conduct reviews of present and future air quality within area, formulating air quality management area (AQMA) where objectives not being met and formulating action plans if necessary. c. In addition Advice in PS23 on relationship between determination of planning applications and pollution control (paras 8 to 10 and Annex 1). EIA requires inter alia air quality assessment. (2) Climate Change 57. This is of course big news i. The Kyoto Protocol Sets binding carbon reduction commitments for states. ii. The EU ETS Scheme Directive 2009/29/EC (replacing Directive 2003/87/EC) implemented in UK by Greenhouse Gas Emissions duty Scheme Regulations 2005 a.On 1 January 2005 the EU ETS came into force. It is the largest multicountry, multi-sector greenhouse gas emission trading scheme worldwide. In total approximately 11,500 installations are presently covered by the EU ETS and it accounts for nearly 45% of total CO2 emissions, and about 30% of all greenhouse gases in the EU (see EU Action against Climate Change EU Emissions Trading An Open Scheme Promoting Global Innovation, CEC, Brussels). b. The EU ETS is the key policy introduced by the EU to help reduce the EUs greenhouse gas emissions. The importance of the EU ETS is further emphasised by the recitals to Directive 2003/87 (see recitals (1) and (2)).Article 1 of Directive 2003/87/EC states This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the Community scheme) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. The importance of the EU ETS has further been confirmed by the Court in Case T-178/05 UK v Commission Case T-374/04 Germany v Commission and Case T-387/04 EnBW see especially in Case T- 22 374/04 G ermany v Commission paragraphs 1 -5. In his opinion in Case C-127/07 Arcelor Advocate-General Maduron referred to the EU ETS as being one of the cornerstones of Community environmental protection policy. c.Under the Kyoto Protocol the EU is required to make an 8% reduction in emissions compared to 1990 by the first Kyoto Protocol commitment period (2008 2012)4. d. Recital (10) to Council Decision 2002/358/EC concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the UNFCCC and the