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A Note on Environmental Law-Enforcement Duties

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Chapter Summary

In general, enforcement duties are, probably more easily enforced against local authorities and agencies other than the police. With regard to the developing countries, one Indian case has achieved fame: Ratlam MC v Vardichand. This case concerned an area in which the wealthy and privileged lived alongside street-dwellers. The National Federation case affirms that standing can be obtained by citizens to secure the enforcement of a law-enforcement duty, notwithstanding that it was refused in that particular case. In Environmental Defence Society v Agricultural Chemicals Board, a New Zealand case, an environmental group with more expertise than the government itself was refused standing to compel review of the registration of a chemical alleged to cause deformities in foetuses.

Keywords: enforcement duties; environmental law; New Zealand case



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