Environment Agency v Empress Car Co (Abertillery) Ltd
[1999] 2 AC 22
Ratio Decidendi
A person 'causes' water pollution for the purposes of s.85 Water Resources Act 1991 if they maintain something which, if interfered with by a third party or natural event, could result in pollution. The chain of causation is not broken by a foreseeable intervening act.
Hechos
Oil stored on the defendant's premises drained into a river after an unknown person opened a tap. The defendant was charged with causing polluting matter to enter controlled waters.
Resumen de la sentencia
The House of Lords held that the defendant caused the pollution by maintaining a storage facility from which oil could escape. The intervening act of a trespasser did not break the chain of causation because it was foreseeable.
Citas clave
"The defendant caused the oil to enter the river by maintaining a tank from which it could escape."
— Lord Hoffmann
Tratamiento posterior
Leading authority on causation in environmental pollution cases.