This paper is an assignment submitted to De Montfort University in partial fulfilment of the requirements for the degree of LLM in Environmental Law by Andrew Brown. The scenario covered is one which occurs frequently. The assignment is to advise (the fictitious) Tynecastle Water Company as to any criminal and/or civil liability it may incur as a result of the water pollution incident.
(Note: this version of the paper omits footnotes which list references. A full version can be accessed here)
Tynecastle Anglers own a stretch of the river which is downstream from the sewage treatment plant. Between them, their members spend a lot of time seeking to ensure that the river is free from litter and rubbish and any other matter that might adversely affect their fishing. The pollution incident has seen the loss of a lot of the mature fish which anglers would be seeking to catch. As a result, Tynecastle Anglers had to cancel its annual championship which has run for many years and which is their principal fundraising event given that it attracts participants from all parts of the region.