The ruling in the Corby toxic waste case, delivered in July 2009, found Corby Borough Council liable in negligence, public nuisance and a breach of statutory duty for its reclamation of a steel works and the resulting atmospheric contamination. The case against the council cited: "The Defendants urban land reclamation programme and the presence of poisonous waste presented a significant risk to health. The poisonous waste was ultra hazardous and various sites contained substantial quantities of contaminated waste and toxic materials that were likely to cause personal injuries to persons in the surrounding area in the event of their escape." While recognising that there was insufficient epidemiological data to establish whether the victims injuries arose from a "common cause", or from airborne contamination or from the reclamation works, the judge ruled that there was a "statistically significant cluster" of birth defects in Corby which needed "explanation other than chance": it was not the courts purpose to establish whether the victims were individually exposed to contaminants from the reclamation, rather to determine whether any relevant breach of duty had the ability to cause injuries of the type complained of. The judge also ruled that it was "reasonably foreseeable that the local population might be exposed to hazardous or contaminated substances" as a result of the councils clean-up programme.
Matt Townsend, head of the environmental practice at Allen & Overy, says: "One of the important lessons from the case is that because of the rapidly evolving nature of environmental science and advancing knowledge and techniques, it will no longer be possible for developers to hide behind the science. To claim that you didn’t know is now unacceptable.". Stephen Matthew, a partner in the project group at corporate law firm Nabarro, advises: "Councils and regeneration bodies still need to be very open and clear about how they intend to deal with material on brownfield sites. Councils need to take professional advice... Don't leave a gaping hole for any future class actions."
Following the Corby ruling, Jason Addy stated: "The Corby ruling could have huge implications for the actions and responsibilities of Rochdale Council for the Spodden Valley site. Environmental pollution has been a problem at the Rochdale factory with acknowledged cases of asbestos-related cancer caused by environmental exposure." Laurie Kazan Allen, Editor of the British Asbestos Newsletter, said: "This landmark decision has ramifications for Rochdale Council regarding the Spodden Valley asbestos factory site. There is now a clear legal principle that local authorities hold a duty of care to protect communities from the hazardous effects of disturbing contaminated land. Since at least the 1960s there has been clear evidence that the inhalation of asbestos fibres, even in low quantities, can cause terminal cancer decades after initial exposure. Rochdale Council must take heed of this historic decision and act to protect local people."
Hilda Palmer of the Greater Manchester Hazards Centre said: "This has serious implications for Rochdale MBC in its management and control of the ex T&N site. The site is known to be extensively contaminated with the known carcinogen asbestos, which may be released into the air whenever the site is disturbed, and the invisible microscopic fibres spread in the air across the area to be inhaled by people, including children who are especially at risk of developing asbestos related terminal cancers such as mesothelioma years later. These facts are not in dispute and though the owner of the site is the responsible duty holder, the court judgment on Corby Council confirms the duty of care of a council as the planning authority and environmental health authority in terms of managing and controlling the risks to long term health presented by the airborne asbestos fibres from this site."