Air pollution control - equipment breakdown and breach of conditions
The High Court has overturned a stipendiary magistrate's decision that emission controls under Part I of the Environmental Protection Act 1990 apply only when a process is functioning properly. The case also considered the meaning of the term "persistent" when used in authorisations to describe emissions, and emphasises the strict liability of offences under Part I of the Act.
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- Richard Macrory, Professor of Environmental Law, Imperial College
- Judgment kindly supplied by Dudley Environment, Engineering and Transportation Department
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