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The Judicial Review of Pesticides and Bystander Exposure by Mr Justice Collins

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Abstract:

An anti-pesticide campaigner, Georgina Downs, recently won a judicial review of the pesticides policy of the UK Department for Environment, Food and Rural Affairs (Defra). She claimed that her long-standing health problems were the result of pesticide exposure due to living adjacent to fields of arable crops regularly sprayed for over 24 years. She also argued that there continues to be an inherent fundamental failure at all levels to protect rural residents and communities in the UK from exposure to pesticides. Essentially the review concerned the alleged failure of Defra to comply with the relevant European Commission (EC) Directive (91/414/EEC) as the system in the UK did not provide the necessary protection of public health. Defra had argued that its approach to the regulation and control of pesticides was "reasonable, logical and lawful", but the High Court judge ruled she had produced "solid evidence" that residents had suffered harm.

Document Type: Research Article

DOI: http://dx.doi.org/10.1564/19dec13

Publication date: December 1, 2008

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