1. Bullard, RD Dumping in Dixie, Race, Class, and Environmental Quality (Boulder: Westview Press, 2000) p 29.Google Scholar See also Hendrick, PM ‘The theory of relativity: environmental justice in the context of doctrinal durability’ (2000) 32 Tul L Rev 137 at 153Google Scholar, arguing that as the first civil rights fights focused on fundamental rights there was little energy to spare for the environmental issues.

2. These studies include General Accounting Office Siting of Hazardous Waste Landfills and their Correlation with Racial and Economic Status of Surrounding Communities (GAO/RCED 83 168, 1983) and Commission for Racial Justice, United Church of Christ, Public Data Access, Inc Toxic Waste and Race in United States: A National Report on the Racial and Socio Economic Characteristics of Communities with Hazardous Waste Sites (New York: Public Data Access, 1987). See also the more recent United Church of Christ Justice and Witness Ministries Toxic Wastes and Race at Twenty 1987–2007 (Cleveland: Justice and Witness Ministries United Church of Christ, 2007).

3. Bullard, RD The Quest for Environmental Justice, Human Rights and the Politics of Pollution (San Francisco: Sierra Club Books, 2005) p 20.Google Scholar

4. The principles can be found on the website available at http://www.ejnet.org/ej/principles.html.

5. Executive Order 12898 of 11 February 1994 ‘Federal Actions to Address Environmental Justice in Minority Population and Low Income Populations’. It is important to note, however, that the Order specifically refrained from creating any new rights or access to, for instance, judicial review for affected communities. Critics have asserted that due to the lack of enforceable rights, future administrations may be (and have perhaps been) able to ignore the Order without having to take any formal steps to repeal it. See Roberts, RG ‘Environmental justice and community empowerment: learning from the civil rights movement’ (1998) 48 Am U L Rev 229 at 265Google Scholar and Hernandez, W ‘Environmental justice: looking beyond Executive Order 12898’ (1995) 14 UCLA J Envtl L & Pol'y 181 at 200–208.Google Scholar

6. See the website available at http://www.epa.gov/compliance/basics/ejbackground.html. See also the criticism levied upon the EPA by its own Inspector General for not offering a precise definition of environmental justice from the outset, resulting in inconsistent approaches: EPA Office of Inspector General Evaluation Report: EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice (Report No 2004 P 00007, 2004).

7. See Straw, LJ ‘Environmental justice: racial gerrymandering for environmental siting decisions’ (1995) 14 Va Envtl LJ 665.Google Scholar See, for instance, also Downey, L ‘US metropolitan area variation in environmental inequality outcomes’ (2007) 44 Urban Studies 953 CrossRefGoogle Scholar and Krieg, EJ and Faber, DR ‘Not so black and white: environmental justice and cumulative impact assessment’ (2004) 24 Environmental Impact Assessment Review 667 CrossRefGoogle Scholar, both arguing that the racial composition of an area is not necessarily the best indicator for the environmental status of that area. See also Block, W and Whitehead, R ‘The unintended consequences of environmental justice’ (1999) 100(1) Forensic Science International 57 CrossRefGoogle Scholar, arguing that environmental justice is, from the outset, ideologically charged.

8. Been, V ‘What's fairness got to do with it? Environmental justice and the siting of locally undesirable land uses’ (1993) 78 Cornell L Rev 1001 Google Scholar and Been, V ‘Locally undesirable land uses in minority neighborhoods: disproportionate siting or market dynamics?’ (1994) 103 Yale Law Journal 1383.CrossRefGoogle Scholar

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13. For an introduction to environmental justice in South Africa, see in general McDonald, DA (ed) Environmental Justice in South Africa (Cape Town: University of Cape Town Press, 2002).Google Scholar

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15. Ibid, pp 28–29.

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23. See Roberts, above n 5, at 249–250, Kaswan, A Environmental justice: bridging the gap between environmental laws and “justice”’ (1997) 47 Am U L Rev 221 at 271–273Google Scholar and Gauna, E ‘Federal environmental citizen provisions: obstacles and incentives on the road to environmental justice’ (1995) 22 Ecology LQ 1 at 31–34.Google Scholar‘Free informed consent’ is often taken to mean that four criteria should be in place: (1) the risk imposers must disclose all information about the risks; (2) the potential victims must be competent to evaluate the risks; (3) they must understand the risks and dangers; and (4) they must voluntarily accept it. See Wigley and Shradder Frechette, ibid, p 139.

24. See, eg, Gottlieb, R ‘Where we live, work, play...and eat: expanding the environmental justice agenda’ (2009) 2(1) Environmental Justice 7 CrossRefGoogle Scholar, Sokas, RK ‘Environmental justice and work’ (2008) 1(4) Environmental Justice 171 CrossRefGoogle Scholar, Sanchez, TW and Brenman, M ‘Transportation equity and environmental justice: lessons from Hurricane Katrina’ (2008) 1(2) Environmental Justice 73 CrossRefGoogle Scholar, Walker, G ‘Beyond distribution and proximity: exploring the multiple spatialities of environmental justice’ (2009) 41(4) Antipode 614 CrossRefGoogle Scholar, Sze, J ‘Race and power: an introduction to environmental justice energy activism’ in Pellow, D and Brulle, R (eds) Power, Justice and the Environment (Cambridge: MIT Press, 2005) p 101 Google Scholar, O Williams ‘Food and justice: the critical link to healthy communities’ in Pellow and Brulle, ibid, p 117 and Friends of the Earth and London school of Hygiene and Tropical Medicine, Environmental Justice: Rights and Means to a Healthy Environment for All Special Briefing No 7 (2001).

25. See for a list of examples Agyeman, J Sustainable Communities and the Challenge of Environmental Justice (New York: New York University Press, 2005).Google Scholar

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28. See DG Peña ‘Autonomy, equity, and environmental justice’ in Pellow and Brulle, above n 24, p 131.

29. Schlosberg, above n 20, Bosselmann, K ‘Justice and the environment: building blocks for a theory on ecological justice’ in Bosselmann, K and Richardson, B (eds) Environmental Justice and Market Mechanisms, Key Challenges for Environmental Law and Policy (The Hague: Kluwer Law, 1999)Google Scholar, Wenz, P Environmental Justice (Albany: State University of New York Press, 1988).Google Scholar

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31. Ibid. The study likewise indicated that, when assessing IPC authorisations rather than sites, facilities with more than one authorised process were more frequent in poorer areas than in affluent areas. In addition, the study indicated that almost two thirds of IPC facilities were located in postcode sectors of below average income.

32. In addition to these empirical studies a number of desk studies have been carried out as well. These include: Economic and Social Research Council Environmental Justice – Rights and Means to a Healthy Environment for All (Swindon: ESRC, 2001)Google Scholar, Sustainable Development Research Network Environment and Social Justice: Rapid Research and Evidence Review (London: SDRN, 2004)Google Scholar and the Royal Commission on Environmental Pollution Study on Urban Environments, Well being and Health (London: RCEP, 2004)Google Scholar and, for Scotland, A M Slater and OW Pedersen Environmental Justice in Scotland Research Report for the Planning Exchange Foundation (Aberdeen: School of Law, University of Aberdeen, 2006)Google ScholarPubMed and S Beck Environmental Justice in Scotland: How does the Healthy Environment Network Interpret this Concept and What is Happening in Scotland to Address Environmental Injustice? A Report for the Healthy Environment Network (2003).

33. Environment Agency The Urban Environment in England and Wales a Detailed Assessment (Bristol: Environment Agency, 2002).Google Scholar

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35. Walker et.al Environmental Quality, ibid, p 35.

36. Fairburn, J, Walker, G and Smith, G Investigating Environmental Justice in Scotland: Links between Measures of Environmental Quality and Social Deprivation (Edinburgh: Scottish Executive, 2005).Google Scholar

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41. Ibid. The study noted that ‘[T]his exceptional group...appears to be living in a situation that is patently unjust’.

42. Walker et.al Environmental Quality, above n 34, p 101.

43. Ibid, p 73.

44. Ibid, p 132. The five pollutants measured were nitrogen dioxide (NO₂), fine particulates (PM₁₀), sulphur dioxide (SO₂), carbon monoxide (CO₂) and benzene.

45. Ibid, p 103 (emphasis added). The study noted that the ‘greatest differential occurs with respect to NO₂ (least deprived decile has a ward mean concentration 58% above that for average deprivation decile, compared to only 38% for the most deprived decile)’.

46. Environment Agency, above n 33.

47. P Elliot et.al Birth Outcomes and Selected Cancers in Populations Living Near Landfill Sites Report for the Department of Health (2001) p 3, available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4120607.

48. Wheeler, BW ‘Health related environmental indices and environmental equity in England and Wales’ (2004) 36(5) Environment and Planning A 803.CrossRefGoogle Scholar

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51. Walker et.al, ibid, p 12.

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54. Ibid.

55. Fairburn et.al, above n 36, p 111.

56. Ibid, p 96.

57. Sustainable Development Research Network, above n 32, pp 87–90 and White, D, Raeside, R and Barker, D Road Accidents and Children Living in Disadvantaged Areas: A Literature Review (Edinburgh: Scottish Executive, 2000).Google Scholar See also Road Safety Analysis Child Casualties 2010; A Study into Resident Risk of Children on Roads in Great Britain 2004–08 (Gloucestershire: Road Safety Analysis, 2010).Google Scholar

58. See Environment Agency, above n 33, Fairburn et.al, above n 36, noting a ‘clear relationship between deprivation and proximity to class C and D rivers’, p 121. The latter study analysed river water quality in Scotland – class C and D refers to rivers deemed either ‘poor’ or ‘seriously polluted’ under the Digital River Network.

59. See, eg, Burningham, K and Thrush, D Rainforests are a Long Way from Here, the Environmental Concerns of Disadvantaged Groups (Joseph Rowntree Foundation, 2001).Google Scholar The study was conducted through a number of group question sessions in which four areas were identified as representing four specific social groups. The areas were: Possilpark in Glasgow as the urban site; the Peak District as a rural site; Cefn Mawr in Wales as the site where people live close to a potentially polluting facility; and Bromley by Bow in East London as a site where people live close to busy roads.

60. Curtice, J, Robertson, C and Allerdice, G Public Attitudes and Environmental Justice in Scotland (Edinburgh: Scottish Executive, 2005).Google Scholar See, however, Todd, H and Zogrofos, C ‘Justice for the environment: developing a set of indicators of environmental justice for Scotland’ (2005) 14(4) Environmental Values 483 CrossRefGoogle Scholar, for a different outcome arguing that traditional pollution issues such as air quality and water pollution were more important than issues such as green space and visual pollution.

61. Curtice et.al, ibid, p 1.

62. See, eg, Fairburn, J, Butler, B and Smith, G ‘Environmental justice in South Yorkshire: locating social deprivation and poor environments using multiple indicators’ (2009) 14(2) Local Environment 139.CrossRefGoogle Scholar

63. See Walker et.al ‘Industrial pollution’, above n 34, at 372–373.

64. To this FoE have, however, argued that ‘whatever the direction of the link, the injustice is real’: McLaren et.al, above n 30.

65. See Mitchell and Dorling, above n 39, at 914.

66. Ibid, at 925.

67. See above n 11.

68. Burningham and Thrush, above n 59, p 13. See, however, Todd and Zogrofos arguing that ‘often the surrounding community suffers from the environmental costs but does not directly benefit from the development’, without, however, offering any empirical evidence for the claim: Todd and Zogrofos, above n 60, at 488.

69. See above n 9.

70. See Scandrett, E, Dunion, K and McBride, G ‘The campaign for environmental justice in Scotland’ (2000) 5(4) Local Environment 467.CrossRefGoogle Scholar

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74. See in general Capacity's website on environmental justice, available at http://www.capacity.org.uk/research/environmentaljustice.html.

75. See Neal, S and Agyeman, J ‘Remaking English ruralities: processes of belonging and becoming, continuity and change in racialised spaces’ in Neil, S and Agyeman, J (eds) The New Countryside: Ethnicity, Nation and Exclusion in Contemporary Rural Britain (Bristol: Policy Press, 2006)Google Scholar and the website of BEN, available at http://www.ben network.org.uk/index.htm, and WEN, available at http://www.wen.org.uk/.

76. Economic and Social Research Council, above n 32.

77. London Sustainability Exchange Environmental Justice in London (London: London Sustainability Exchange, 2004).Google Scholar See also Charles, A and Thomas, H ‘Deafness and disability – forgotten components of environmental justice: illustrated by the case of local Agenda 21 in South Wales’ (2007) 12(3) Local Environment 209.CrossRefGoogle Scholar

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79. See also London Sustainability Exchange, above n 77, noting that ‘[T]he lack of direct racism does not dilute the crucial need to review disproportionate impacts on BME [black and minority ethnic] groups and should not be lost in a general discussion of social inclusion; p 12.

80. Friends of the Earth Ethnic Minority People and the Environment (London: FoE, 1996)Google ScholarPubMed cited in Agyeman ‘Ethnic minorities in Britain’, above n 78, at 16.

81. See Jordan, C and Snow, D ‘Diversification, minorities, and the mainstream environmental movement’ in Snow, D (ed) Voices from the Environmental Movement: Perspectives for a New Era (Washington: Island Press, 1992) pp 75–78 Google Scholar, noting that some of the Sierra Club's Californian chapters explicitly prohibited membership by racial minority individuals up until the 1950s.

82. Speech by then First Minister Jack McConnell, 18 February 2002 at Dynamic Earth, Edinburgh.

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85. Environment Agency, above n 33.

86. Environment Agency Addressing Environmental Inequalities Position Statement (Bristol: Environment Agency, 2004)Google Scholar and Environment Agency Creating a Better Place, Corporate Strategy 2006–2011 (Bristol: Environment Agency, 2006).Google Scholar

87. See for a comparison between sustainable development and environmental justice, Dobson, A Justice and the Environment Conceptions of Environmental Sustainability and Dimensions of Social Justice (Oxford: Oxford University Press, 1998)Google Scholar, Ruhl, JB ‘The co evolution of sustainable development and environmental justice: cooperation, then competition, then conflict’ (1998) 9 Duke Envtl L & Pol'y F 161 Google Scholar and Pedersen, O ‘Environmental principles and environmental justice’ (2010) 11(1) Environmental Law Review 1.Google Scholar

88. Slater and Pedersen, above n 72. FoES has on numerous accounts asserted that sustainable development is not attainable without environmental justice. See Scandrett, E, Dunion, K and McBride, G ‘The campaign for environmental justice in Scotland’ (2000) 5(4) Local Environment 467.CrossRefGoogle Scholar

89. Department for the Environment Transport and the Regions A Better Quality of Life: A Strategy for Sustainable Development in the UK (London: DETR, 1999).Google Scholar

90. Ibid, para 1.8. Likewise, the Scottish Executive stated in its 2002 statement on sustainable development, Meeting the Needs, that ‘sustainable development is about combining economic progress with social and environmental justice’: Scottish Executive Meeting the Needs...Priorities, Actions and Targets for Sustainable Development in Scotland (Edinburgh: Scottish Executive, 2002).

91. HM Government, Scottish Executive, Welsh Assembly Government and Northern Ireland Office One Future – Different Paths: The UK's Shared Path for Sustainable Development (London: TSO, 2005) p 8.Google Scholar

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93. Welsh Assembly Government One Wales: One Planet (Cardiff: Welsh Assembly Government, 2009) pp 5 and 60.Google Scholar

94. Northern Ireland Government First Steps Towards Sustainability (Belfast: Northern Ireland Government, 2006) pp 6 and 125.Google ScholarPubMed See also Turner, S ‘Laying the foundations for a sustainable Northern Ireland: the review of environmental governance’ (2007) 58(4) Northern Ireland Legal Quarterly 422 at 446–450.Google Scholar

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100. See n 71 above.

101. See Turner, S ‘Transforming environmental governance in Northern Ireland. Part one: the process of policy renewal’ (2006) 18(1) Journal of Environmental Law 55 CrossRefGoogle Scholar and Turner, S ‘Transforming environmental governance in Northern Ireland. Part two: the case of environmental regulation’ (2006) 18(2) Journal of Environmental Law 245 CrossRefGoogle Scholar, for a critical appraisal of environmental justice in Northern Ireland. Turner notes that ‘a lack of resources has also excluded the [Northern Ireland] Department [of the Environment] from the important debate ongoing in Great Britain concerning environmental justice’.

102. Turner ‘Part one’, ibid.

103. See Turner, S ‘Devolution as a barrier to environmental reform’ (2009) 11(3) Environmental Law Review 150 CrossRefGoogle Scholar, for an analysis of Northern Irish environmental governance.

104. R Benford ‘The half life of the environmental justice frame: innovation, diffusion and stagnation’ in Pellow and Brulle, above n 24, p 46.

105. Poirier, MR ‘Environmental justice/racism/equity: can we talk?’ (1994) 96 W Va L Rev 1083 at 1104.Google Scholar See Layard, A ‘Environmental justice: the American experience and its possible application to the United Kingdom’ in Holder, J and McGillivray, D (eds) Locality and Identity: Environmental Issues in Law and Policy (Aldershot: Ashgate, 1999)Google Scholar, for a similar point in relation to the Executive Order.

106. See, eg, Holifield, R ‘Defining environmental justice and environmental racism’ (2001) 22(1) Urban Geography 78 CrossRefGoogle Scholar, noting that the vagueness might hamper its application on national level but instead it helps making it effective as a populist rhetorical tool, at 82.

107. See D Pellow and R Brulle ‘Power, justice, and the environment: toward critical environmental justice studies’ in Pellow and Brulle, above n 24, p 16, arguing that too broad a focus runs the risk of diffusing the movement's aim.

108. Environment Agency Using Science to Create a Better Place (Bristol: Environment Agency, 2007) p v.Google Scholar

109. Above n 16.

110. Nagel, T Equality and Partiality (Oxford: Oxford University Press, 1991) p 21.Google Scholar See also Rawls, J A Theory of Justice (Cambridge: Belknap Press, 1971) p 145,Google Scholar who notes that ‘If a conception of justice is unlikely to generate its own support, or lacks stability, this fact must not be overlooked. For then a different conception of justice might be preferred’.

111. A number of environmental justice Bills have been presented before US law makers throughout the last 15 years although none have so far been successful. These include attempts by Senator Al Gore of Tennessee (S 2806, 102nd Cong (1992)) and by Representative John Lewis of Georgia (HR 5326, 102nd Cong. (1992)) calling for a moratorium on siting of new hazardous waste facilities in what was proposed as 100 ‘high impact areas’. See Roberts, above n 5, at 239–240. Since then further attempts have been made throughout the 1990s and most recently in 2005 with the Environmental Justice Act of 2005 (HR 427 (Rep Udall, D Co)) seeking to require federal agencies to develop and implement policies and practices that promote environmental justice.

112. See, eg, Harrisburg Coalition against Ruining the Environment v Volpe 330 F.Supp 918 (MD Pa 1971) and Bean v Southwestern Waste Management Corp 482 F.Supp 673 (SD Texas 1979). In the latter it was noted ‘[A]t this juncture, the decision of TDH [Texas Department of Health] seems to have been insensitive and illogical. Sitting as the hearing examiner for TDH, based upon the evidence adduced, this Court would have denied the permit. But this Court has a different role to play, and that is to determine whether the plaintiffs have established a substantial likelihood of proving that TDH's decision to issue the permit was motivated by purposeful discrimination in violation of 42 USC s 1983 as construed by superior courts’: at681. See also in general Smith, K ‘How the legal system has failed the environmental justice movement’ (19961997) 12 J Nat Resources & Envtl L 325.Google Scholar

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117. Gordon, RW ‘Some critical theories of law and their critics’ in Kairys, D (ed) The Politics of Law: A Progressive Critique (New York: Basic Books, 3rd edn, 1998).Google Scholar See also Sunstein, C Laws of Fear: Beyond the Precautionary Principle (New York: Cambridge University Press, 2005) pp 168–169 CrossRefGoogle Scholar, noting that although redistribution is best done through a tax system, where this fails, regulation (as the much cruder tool) may be used. See also Layard, above n 105, pp 180–186.

118. See above n 111 as well as American Bar Association and Hastings College of the Law Environmental Justice for All, a Fifty State Survey of Legislation Policies and Initiatives (American Bar Association, 2004), available at http://www.abanet.org/irr/committees/environmental/statestudy.pdf.

119. See, eg, N Targ ‘The states' comprehensive approach to environmental justice’ in Pellow and Brulle, above n 24, p 171.

120. See above n 22 and accompanying text.

121. Most recently the Environmental Information Regulations 2004, SI 2004/3391 and Environmental Information (Scotland) Regulations 2004, SSI 2004/520. See also Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC [2003] OJ L41/26.

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123. Sir Carnwarth, Robert ‘Environmental litigation – a way through the maze?’ (1999) 11(1) Journal of Environmental Law 3.CrossRefGoogle Scholar Sir Robert Carnwarth's assertion was largely echoed in Brooke LJ's paper ‘Environmental justice: the cost barrier’ (2006) 18(3) Journal of Environmental Law 341.Google Scholar

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128. Friends of the Earth v Secretary of State for Business Enterprise and Regulatory Reform[2010] Env LR 11 and Warm Homes and Energy Conservation Act 2000, s 2.

129. Ibid, at 198.

130. Miller v Jackson[1977] QB 966.

131. Sturges v Bridgman (1879) 11 Ch D 852 at 865. See also Gillingham BC v Medway (Chatham Docks) Co Ltd[1993] QB 343.

132. Murdoch and Murdoch v Glacier Met.al Company Limited[1998] Env LR 732.

133. Wheeler v JJ Saunders[1995] Env LR 286.

134. Dennis v Ministry of Defence[2003] EWHC 793 (QB), [2003] Env LR 34. See also Rushmer v Polsue and Alfieri Ltd[1906] 1 Ch 234 and Maquire v Charles M'Neil Ltd[1922] SC 174.

135. Corby Group Litigation v Corby District Council[2009] EWHC 1944 (TCC).

136. For commentary on the judgment, see Hart, D, Jolliffe, J and Marcus, R ‘Contaminated land in Corby and Sandridge: historic liabilities’ (2009) 3 Env Liability 102 Google Scholar and Lee, B ‘Old iron: birth defects litigation and the Corby Steelworks' reclamation’ (2009) 25(4) Journal of Professional Negligence 174.Google Scholar

137. Above n 128.

138. Poustie, M Environmental Justice in SEPA's Environmental Protection Activities: A Report for The Scottish Environmental Protection Agency (Stirling: SEPA, 2004).Google Scholar

139. SEPA Protecting and Improving the Environment through Regulation: SEPA's Vision for Regulation (Stirling: SEPA, 2005) p 20.Google Scholar

140. SEPA Enforcement Policy Policy No 5 (Stirling: SEPA, 2008).

141. See Environment Agency Creating A Better Place 2010–2015: Our Corporate Strategy (Bristol: Environment Agency, 2010).Google Scholar

142. Office of the Deputy Prime Minister Planning Policy Statement 1 (PPS1) Delivering Sustainable Development (London: ODPM, 2005).Google Scholar

143. Office of the Deputy Prime Minister Planning Policy Statement 10: Planning for Sustainable Waste Management (London: ODPM, 2005).Google Scholar

144. Planning and Compulsory Purchase Act 2005.

145. Ibid, s 19. In Scotland, planning authorities are equally under an obligation to exercise any functions with the objective of achieving sustainable development. See Planning etc (Scotland) Act 2006, s 3E(2).

146. Ibid, ss 19 and 39 for local planning authorities and s 5(4) for revision of regional spatial strategy.

147. See in general Office of the Deputy Prime Minister Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents (London: ODPM, 2005). See also Jackson, T and Illsley, B ‘An analysis of the theoretical rational for using strategic environmental assessment to deliver environmental justice in the light of the Scottish Environmental Assessment Act', (2007) 27(7) Environmental Impact Assessment Review 607 CrossRefGoogle Scholar and Connelley, S and Richardson, T ‘Value driven SEA: time for an environmental justice perspective?’ (2005) 25(4) Environmental Impact Assessment Review 391.CrossRefGoogle Scholar

148. Carpets of Worth Ltd v Wyre Forest DC (1991) 62 P & CR 334 at 339 and 342 per Purchas LJ. See also EC Gransden & Co Ltd v Secretary of State for the Environment and Gillingham BC[1986] JPL 519.

149. See s 71 of the Race Relations Act 1976 stipulating that bodies subject to the statute shall have due regard to the need (a) to eliminate unlawful racial discrimination; and (b) to promote equality of opportunity and good relations between persons of different racial groups.

150. R (Baker) v Secretary of State for Communities and Local Government[2008] EWCA Civ 141 at [31] per Dyson LJ.

151. See R (Janet Harris) v London Borough of Haringey[2009] EWHC 2329 Admin.

152. See in general Pedersen, OW ‘European environmental human rights and environmental rights: a long time coming?’ (2008) 21 Georgetown International Environmental Law Review 73.Google Scholar

153. See mainly Application No 16798/90 López Ostra v Spain decision of 9 December 1994, Application No 55723/00 Fadeyeva v Russia decision of 9 June 2005 and Application No 48939/99 Öneryıldız v Turkey decision of 30 November 2004. For a discussion of environmental rights and environmental justice, see Layard, above n 105, pp 171–175 and Osofsky, HM ‘Learning from environmental justice: a new model for international environmental rights’ (2005) 24 Stan Envtl LJ 71.Google Scholar

154. Öneryıldız v Turkey, ibid, para 56.

155. Application No Brânduşe v Romania decision of 7 April 2009.

156. Fadeyeva v Russia, above n 153, para 121.

157. See Sexton, K ‘Socioeconomic and racial disparities in environmental health: is risk assessment part of the problem or part of the solution?’ (2000) 6(6) Human and Ecological Risk Assessment 551.CrossRefGoogle Scholar