1,721,002 research outputs found
A Substantive Environmental Right
No full textThis article is a book review of Stephen J Turner’s book A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-Makers Towards the Environment. The author examines Turner’s draft accord to realise a ‘substantive human right to a good environment.’ The article concludes that the accord raises important questions for legal scholars, particularly around legislating towards a ‘good environment.
Environmental Justice in India: The National Green Tribunal
No full textThis article is a book review of Gitanjali Nain Gill’s book Environmental Justice in India: The National Green Tribunal. The author concludes that this work provides a sound basis for further research into environmental adjudication, and that this work would be particularly interesting to environmental law experts, adjudicators and policy-makers
Critical Reflections on Ownership by Mary Warnock
No full textThis article is a book review for Mary Warnock’s book, Critical Reflections on Ownership. The author concludes that the book is stimulating and enjoyable, with a depth and gravitas that will make it particularly interesting to scholars and students in the fields of law, politics, and philosophy
Air Pollution in New Zealand
No full textThis chapter is included in the book Environmental Law in New Zealand, edited by Peter Salmon and David Grinlinton. The author considers the regulation of localised air pollution in New Zealand by the Resource Management Act 1991 (RMA). The chapter places particular emphasis upon the role of the RMA in controlling the emission of ozone-depleting and greenhouse gases, and the effectiveness of the RMA in this context
Fiduciary Duty and the Atmospheric Trust
No full textThis article is a book review for the book Fiduciary Duty and the Atmospheric Trust, edited by Ken Coghill, Charles Sampford and Tim Smith. The author concludes that this book is an excellent exploration of whether governments and other public institutions could be held publicly accountable for inadequate responses to mitigating greenhouse gas emissions
Air Pollution in New Zealand
No full textThis chapter is included in the book Environmental Law in New Zealand, edited by Peter Salmon and David Grinlinton. The author considers the regulation of localised air pollution in New Zealand by the Resource Management Act 1991 (RMA). The chapter places particular emphasis upon the role of the RMA in controlling the emission of ozone-depleting and greenhouse gases, and the effectiveness of the RMA in this context
An 'Undesirable Trading Situation'
Get PDFThis article considers the powers of the New Zealand Electricity Authority with regards to investigating ‘Undesirable Trading Situations’ (UTS). The author examines the Electronic Industry Participation Code 2010 and the New Zealand High Court decision of Re Bay of Plenty Energy Ltd [2012] 238, to determine that the UTS provision is a poor guide to decision-making and should be re-drafted with greater clarity
Greenhouse Gases and Climate Change: Relevance to Discharge Permit Applications
Get PDFThe decision of Greenpeace New Zealand v Northland Regional Council considered to what extent, if at all, consent authorities are permitted to take into account climate change factors when considering applications for discharge of greenhouse gases. The author considers this issue in relation to the Mighty River Power case, which concerned an appeal against the authorization of a coal-fired electricity station, with specific regard to the court’s treatment of the Resource Management Act 1991
Greenhouse Gases and Climate Change: Relevance to Discharge Permit Applications
No full textThe decision of Greenpeace New Zealand v Northland Regional Council considered to what extent, if at all, consent authorities are permitted to take into account climate change factors when considering applications for discharge of greenhouse gases. The author considers this issue in relation to the Mighty River Power case, which concerned an appeal against the authorization of a coal-fired electricity station, with specific regard to the court’s treatment of the Resource Management Act 1991
Environmental Defence Society Inc. v. Marlborough District Council (The 'King Salmon' Case)
No full textThis article considers the “King Salmon” case, concerned with an application to change the prohibited activity status of salmon farming in the Marlborough Sounds Resource Management Plan. The author examines the wider issue of whether plan-change applications will be consistent with the legislative framework of the Resource Management Act 1991 and the New Zealand Coastal Policy Statement. The article concludes that the ramifications of this decision should be considered carefully, as it has the potential to impact the entire practice of resource management in New Zealand
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