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Freedom of Movement in the Environmental Law Abstract This thesis is concerning freedom of movement in the environmental law, i.e. the limitation of movement stemming from environmental legislation. Firstly, it is a current issue due to the COVID-19 pandemic - as the countryside has become a popular destination for many visitors. Secondly, it is a general issue - as the human population expands or as there are new possible ways of spending free time due to technological progress. The aim of this thesis is to analyse the current state of legislation in this area and to assess it in regard to satisfying its purpose, i.e. environmental protection. It was ascertained that the environmental legislation rather reached its goals, as it offered flexible protection to the specific needs of individual areas. The legislations drawbacks comprised of legal vacuums - it seldom contained provisions for movement in winter countryside or it did not include sufficiently general rules to apply on every manner of movement of people in nature. Another issue of the legislation is the lack of public awareness, its considerable fragmentation and limited chance of it being enforced due to understaffed public guards. Key words Environmental Law, Freedom of Movement, Environmental Protection

With the assistance of information collected by residents of Bumpass Cove, Tennessee Department of Public Health records, and interviews with residents and local health officials, this study provides a historical overview of the inception of Bumpass Cove Landfill, the resulting problems stemming from its misuse, and the reaction of a persistent community during the 1970s and early 1980s. In its early days, Bumpass Cove was an active and productive mining site; however, the area would become a threat to the local residents’ safety with the opening of Bumpass Cove Sanitary Landfill. Years of illegal hazardous waste land filling wreaked havoc on the environment and endangered area residents’ health. In the end, citizen protest and the intervention of the Superfund Program would result in the closing of the landfill and the restoration of the area. Taken together, these occurrences paint a vivid picture of the controversy surrounding Bumpass Cove Landfill.

In the situation where the environmental issue is becoming an increasingly addressed issue, and the legislator in various legislative acts imposes new and new regulations with a nature of environmental protection, it becomes difficult to identify whether, being incorporated in the text of a certain law, a certain legal norm, belongs to environmental law or is a norm that belongs to the field which in substance represents the regulatory object of this law. In other words, it is often quite complicated to identify the boundary of environmental law regulations, especially since the norms of this branch are not always compactly found in environmental legislative acts. It must be recognized that the legal mechanisms for environmental protection change their appearance over time, becoming much more aggressive and relentless. They are often applied without taking into account certain traditional rules and presumptions that often do not ensure effective protection of the environment. In such cases, it is necessary to understand that the regulatory mechanisms for environmental protection are a component of environmental law, even if they are based in other legislative acts and even if they are very similar to the mechanisms used in the regulation of other categories of legal relations.

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The neglect that recent political science has shown toward the concept of the State has drastically reduced the efficacy of analyses of environmental interest group politics. This thesis is an attempt to introduce a revamped concept of the State into such an analysis. The State is defined as both administrative and ideological. Through drawing out the logic of the environmentalist position, it can be shown how environmentalism challenges both these aspects of the modem State. It will then be shown how the State plays a decisive role in setting the parameters in which interest group activity operates, and how those parameters dictate that only groups which deny the logic of their own environmental ideological position gain access to existing power structures. The State, through the marketization, scientization, and technologization of the issues, has effectively defined the language of debate. This language is not the natural language of environmentalism, just as the definitions of the arena, and the norms of legitimacy and behavior sanctioned by the State are unsuited to the claims of environmentalism. By showing that the State has both the capacity and the incentive to intervene, the original premise of bringing the State back in to this analysis of environmental interest group politics in the United States is justified. / Master of Arts

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