Category Archives: Land use and Environment

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch)

“The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx 35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats …” (more) […]

‘Should Owner Motivation Limit the Exercise of Property Rights?’

Lee Anne Fennell, Owning Bad: Leverage and Spite in Property Law, in Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds) (forthcoming Oxford University Press), available at SSRN. People sometimes exercise their property rights out of animus or an attempt to gain leverage over someone else. An owner may build […]

Maureen Brady, ‘Property and Projection’

ABSTRACT In cities across the country, artists, protestors, and businesses are using light projections to turn any building’s façade into a billboard, often without the owner’s consent. Examples are legion: ‘Believe Women’ on a New York City Best Buy; a scantily clad male model on the side of an apartment building; a nativity scene on […]

Nevitt and Percival, ‘Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?’

ABSTRACT The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including […]

Sam Porter, ‘Do the rules of private nuisance breach the principles of environmental justice?’

ABSTRACT This article explores the potential distributive consequences of the tort of private nuisance, through the lens of environmental justice. Firstly, the theoretical underpinnings of this concept are set out. The principal concern of environmental justice is the unfair burdening of disadvantaged groups with societies’ environmental ‘bads’; but the concept can also be manipulated to […]

Bang and Holle, ‘Making Legal History: State Liability for Negligence in Climate Change’

ABSTRACT In a recent judgment of 9 October 2018, the Gerechtshof Den Haag (the Hague Court of Appeals) ruled that the Dutch government was liable in tort for negligence by failing to comply with the duty of care to take adequate mitigation measures against climate change. The decision has wider bearings on public international law […]

Pérez and Ligüerre, ‘From Nuisance to Environmental Protection in Continental Europe’

ABSTRACT This paper analyzes the evolution and complexity of the legal response to neighboring conflicts in European civil law countries. All of the civil codes analyzed (France, Germany, Spain, Netherlands, and Catalonia) are based on Roman Law rules that are not always clear. The fuzziness of those Roman Law rules explains, in part, why despite […]

Sara Gold, ‘When Pokémon GO(es) Too Far: Augmented Reality and Tort Law’

ABSTRACT No one could have anticipated the drastic consequences of Pokémon GO, which quickly became the most popular smartphone game in U.S. history with more than $2 billion in global revenue from July 2016 to December 2018. In this augmented-reality game, players are required to travel with their phones to real-life locations in order to […]

Rethinking Property Approaches in Resources for the Circular Economy: Coventry University, 21 June 2019

Faced with constrained resources and the needs for sustainable models of growth, there are growing calls to transition to ‘circular economies’ in which resource and waste streams are reused, recycled, or recovered instead of sent to landfill or incinerated in order to achieve both economic prosperity and environmental protection. The challenge lies in operationalising such […]

Greg Bowley, ‘Diminishing Strictness: The Growing Gap In Ontario’s Private Law Environmental Liability Regime’

ABSTRACT The Ontario Court of Appeal’s decision in Smith v Inco Ltd illustrates the degree to which private nuisance liability has evolved over the last 150 years from a tort of relatively strict liability into an increasingly fault-based source of liability. Inco also offers an opportunity to consider whether this evolution has left some wronged […]