Article by Valerie M. Fogleman
During recent years, English law regarding liabilities for damage to the environment has undergone substantial changes. For example, prosecutions for water pollution and the illegal dumping of waste on land have become more frequent. Legislation was enacted in July 199 5 to authorize the Environment Agency (for England and Wales) and the Scottish Environment Protection Agency, which were established in April 1996, to require polluters to remedy water pollution instead of only being able to seek recovery of their remedial costs. Other legislative provisions enacted in July 1995 introduced a regime to remediate historic contamination on land.
Claims for damages by individuals who are harmed by pollution have also increased in recent years and seem likely to continue to do so as the British public's awareness of environmental issues increases and the use of conditional fees expands. The amount of claims and the level of damages in such actions, which are brought under the common law or statutory provisions which specifically authorize private causes of action, are generally much lower than in the United States, however. This is due to significant differences in English law regarding the funding of actions, payment of the prevailing party's legal costs, the level of compensatory damages, and the availability of punitive damages.
About the Author
Valerie M. Fogleman. Solicitor, Barlow Lyde & Gilbert, solicitors, London. LL.M., 1992, University of Illinois; M.S., 1989, J.D., 1986, B.L.A., 1983, Texas Tech University.
Citation
72 Tul. L. Rev. 571 (1997)