Abstract/Summary

This analysis considers the UK Privy Council judgment in the Fishermen and Friends of the Sea case – an appeal from Trinidad and Tobago. The case is noteworthy both because it provides a relatively rare judicial consideration of one of the core environmental principles – the polluter pays principle –– and because it is an unusual example of a successful principles-based challenge brought by an environmental NGO. My analysis locates the Privy Council’s consideration of the principle within the separation of powers doctrine. I argue that, largely due to this doctrine, while the case is fascinating for its policy discussion of the polluter pays principle in relation to water pollution permit charging, it is ultimately not particularly useable as a precedent by environmental lawyers in jurisdictions beyond Trinidad and Tobago. Nevertheless, the case potentially offers some instructive lessons for the UK post-Brexit, where former EU environmental principles look set to be ‘coming home’.