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Foreseeability of environmental hazards: the implications of the Cambridge Water Company case

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Abstract The House of Lords decision, in the case of Cambridge Water Company v. Eastern Counties Leather and Others , introduced the concept of foreseeability as one test of civil liability for environmental pollution. In this paper the main criteria for foreseeability of pollution hazards are considered, including: • recognition of the acute and chronic toxicity of a potential pollutant; • availability of suitable detection and analysis methods; • understanding of migration and transport mechanisms in the environment. Examples of the application of foreseeability criteria are discussed, such as chlorinated hydrocarbon solvents (as in the Cambridge Water Company case), methyl tertiary butyl ether and mine drainage waters.
Title: Foreseeability of environmental hazards: the implications of the Cambridge Water Company case
Description:
Abstract The House of Lords decision, in the case of Cambridge Water Company v.
Eastern Counties Leather and Others , introduced the concept of foreseeability as one test of civil liability for environmental pollution.
In this paper the main criteria for foreseeability of pollution hazards are considered, including: • recognition of the acute and chronic toxicity of a potential pollutant; • availability of suitable detection and analysis methods; • understanding of migration and transport mechanisms in the environment.
Examples of the application of foreseeability criteria are discussed, such as chlorinated hydrocarbon solvents (as in the Cambridge Water Company case), methyl tertiary butyl ether and mine drainage waters.

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