Lynda M. Warren
EC law; Environmental health; Failure to fulfil obligations; Pesticides; Right to respect for private and family life; Risk assessment
Discusses the Court of Appeal judgment in Downs v Secretary of State for Environment, Food and Rural Affairs, in which a pesticide campaigner sought review of the Government’s assessment of harm to residents and bystanders in its process of pesticide authorisation. Considers whether: (1) compliance with the uniform principles in Directive 91/414 Annex VI was enough to meet the requirements of art.4(1)(b); and (2) the trial judge had substituted his own assessment of the scientific evidence for that of the Secretary of State, whose decisions had to demonstrate “manifest error” to be overturned.
(2009) 21(3) Journal of Environmental Law 483-499