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Regulation, Enforcement and Governance in Environmental Law 2nd ed

Richard Macrory

ISBN13: 9781849464505

Previous Edition ISBN: 9781849460354

Published: October 2014

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback

Price: £49.99

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9781782254423

£44.99

Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy.

The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases.

The book is divided into six thematic sections: Regulatory reform, Institutional Reform and Change, Dynamics of Environmental Law, Courts and the Environment, Europe and the Environment, and Supra-national enforcement of environmental law.

Subjects:: Environmental Law

Contents:: Part I Regulatory Reform; 1. Reforming Regulatory Sanctions (2007); Unexpected Alignments; Reviewing Sanctions; Assessing the Criminal Law; Enriching the Sanctions Response; 2. Regulatory Justice – Making Sanctions Effective (2006); Executive Summary; Th e Role and Importance of Sanctions within the Regulatory System; Underlying Principles for Regulatory Sanctions; My Vision for Contemporary Sanctioning Regimes: Financial Sanctions; My Vision for Contemporary Sanctioning Regimes: Non-financial Sanctions and Alternatives for the Criminal Courts; Transparency and Accountability; Summary of Recommendations; 3. Sanctions and Safeguards – The Brave New World of Environmental Enforcement (2013); The Regulatory Sanctions Review; Criminal Law and Strict Liability Offences; Extending the Range of Criminal Sanctions; Unravelling the Vision; Maintaining the Distinction between Sanction Responses; Integrating the Standard of Proof; An Independent Appeals Body; European Convention on Human Rights; Regulatory Governance; Conclusions; 4. Regulating in a Risky Environment (2002); Market Failure and Regulatory Prescription; Economic Instruments and their Weaknesses; Voluntary Agreements; Scientific Risks; Handling Enforcement Risks; ‘Determine and Direct’: a New Regulatory Paradigm?; Part II Institutional Reform and Change; 5. The Long and Winding Road – Towards an Environmental Court in England and Wales (2013); The Core Stages; The Unexpected Alignments; A New Environmental Tribunal; Conclusions; 6. Modernising Environmental Justice – Regulation and the Role of an Environmental Tribunal (2003); The Report; The Context; The Report of the Royal Commission on Environmental Pollution; The Purpose of this Study; Environmental Appeals under Existing Legislation; Legislative Analysis; Current Numbers of Environmental Appeals; Concerns about Existing Appeal Procedures; Does Environmental Law Warrant a Special Jurisdiction?; Judicial Reviews and Stated Cases; Access to Justice and the Aarhus Convention; Third Party Rights of Appeal; The Human Rights Act And Access to an Independent Tribunal; Separating Land Use Planning and Environmental Appeals?; Options for the Way Forward; A New Environmental Tribunal in Practice; A More Direct Enforcement Role for an Environmental Tribunal?; Conclusions; 7. Consistency and Effectiveness – Strengthening the New Environmental Tribunal (2011); Summary; The Context; Changes since 2004; Review of Regulatory Appeals Provisions under Environmental Legislation; The Environment Tribunal; Advantages of the Environmental Tribunal as an Appeals Body; Comparative Costs of Appeals Bodies; Secretary of State Appeals; Appeals Held by PINS (Planning Inspectorate); Statutory Nuisances; Third Party Appeals; Presumptions and Priorities; 8. Environmental Regulation as an Instrument of Constitutional Change (2011); The Context; Public Access to Information and Participation; Access to Justice; Reforming Regulatory Sanctions; An Environmental Court; The Future; 9. Judicial Review – Proposals for Further Reform (2013); Aarhus and Access to Justice; First-tier Tribunal as a Regulatory Appeals Body; Environmental Judicial Reviews; Upper Tribunal Handling Judicial Reviews; Procedural Defects; Standing Issues; Part III The Dynamics of Environmental Law; 10. The UK Climate Change Act – Towards a Brave New Legal World? (2012); The General Long-term Duty and its Legal Significance; Intermediate Carbon Budgets; The Statutory Committee on Climate Change; Adaptation; The Courts and the Climate Change Act; The Climate Change Committee and the Government – the 2011 Tensions; 11. Weighing up the Performance: Emissions Standards v Emissions Trading (2011); 12. Public Consultation and GMO Policy – a Very British Experiment (2008); Engaging with Public Values; The Agriculture and Biotechnology Commission; The GM Debate; Evaluation and Aftermath; 13. Technology and Environmental Law Enforcement (2003); Introduction; Remote Sensing in Court; Technological Equipment; Privacy; Data Protection; 14. Environmental Standards, Legitimacy and Social Justice (1999); The Rise of Environmental Standards; The Current Intellectual Crisis; Ways through the Quagmire; 15. The Scope of Environmental Law (1996); Introduction; Integrated Pollution Control; Codification; Integration into other Policies Affecting the Environment; Integration into Policies with Remote Environmental Impact; 16. Loaded Guns and Monkeys – Responsible Environmental Law (1994); Responsibility and a Pet Monkey; Enforcement and Competing Models of Liability; Science and Law; Location and Participation; The European Dimension; Redefining the Boundaries of Responsibility; 17. Environmental Law: Shifting Discretions and the New Formalism (1991); Introduction; Pollution and the Legislative Framework; Th e Environmental Protection Act 1990; Th e Use of the Criminal Law; Policy and Pollution Control; European Community Influences; Conclusions; 18. Cycle Lore (1979); Cyclists and the Law; ‘Driving a Carriage’ and Other Legal Conundrums; Constructing a Cycleway; Traffic Law Neglects the Bicycle; Part IV The Courts and the Environment; 19. Court of Justice of the European Union; Nature Conservation and Death by a Thousand Cuts; Sweetman v An Bord Pleanala (2013); Financial Penalties for Non-implementation in Practice; European Commission v Ireland (2012); Aarhus, Access to Information and the European Commission; Stichting Natuur en Milieu and Pesticide Action Network Europe v European Commission (2012); When Environmental Requirements Trump Commercial Confidentiality; Interseroh Scrap and Metals Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM) (2012); Strategic Environmental Assessment; Inter-Environnement Bruxelles ASBL v Region de Bruxelles-Capitale (2012); Aviation Emissions and International Law; Air Transport Association of America and others v Secretary of State for Energy and Climate Change (2012); Biodiversity, Bees and Free Trade; Re Criminal Proceedings against Bluhme (1998); UK Shipping Company Loses Case against Habitat Designation; R v Secretary of State for the Environment Transport and Regions ex parte; First Corporate Shipping (2000); Ruling from European Court on ‘Green Guarantee’; Denmark v Commission (2003); 20. Supreme Court and House of Lords; Nuisance Principles and Damages in Lieu of an Injunction; Coventry v Lawrence (2014); Discretion, Remedies and Breaches of EU Law; Walton v Th e Scottish Ministers (2012); Habitat Protection and Disturbance; Morgan v Hampshire County Council Supreme Court (2011); Statutory Successor not Liable under Contaminated Land Regime; R on the application of National Grid Gas PLC (formerly Transco PLC) v Environment Agency (2007); Key Ruling on Liability for Sewage Flooding; Marcic v Thames Water Utilities Ltd (2004); Breach of EIA Directive Requires Planning Decision to be Quashed; Berkeley v Secretary of State and Others (2001); House of Lords Rules on Planning and Human Rights; R (Alconbury) v Secretary of State for the Environment, Transport (House of Lords) (2001); Strict Liability in Water Pollution Offences; Environment Agency (formerly National Rivers Authority) v Empress Car; Company (Abertillery) Ltd (1998); 21. Court of Appeal; Civil Liability in Nuisance and the Defence of Complying with a Permit; Barr and others v Biff a Waste Services (2012); Companies and Criminal Liability; St Regis Paper Company Ltd v The Crown (2011); Fire Damage and Civil Liability; Stannard v Gore (2012); Securing Injunctions before Damage Occurs; London Borough of Islington v Elliot and Morris (2012); Neighbouring Nuisance Smells; Hirose Electrical UK Ltd v Peak Ingredients Ltd (2011); Nature Conservation and Human Rights; R on the application of Fisher v English Nature (2004); Waste-derived Fuels Are Not Waste; R ex parte OSS Group Ltd v Environment Agency and Department of; Environment Food and Rural Affairs (2007); 22. High Court; Tribunals and Judicial Review; R on the Application of Great Yarmouth Port Company v Marine Management Organisation (2013); Criminal Liability for Sewerage Escapes; Th ames Water Utilities and Bromley Magistrates Court (2013); Enforcement Policies and the Courts; Moss and Sons Ltd v Crown Prosecution Service (2012); Th e Legal Status of Emission Trading Allowances; Armstrong DLW GmbH v Winnington Networks (2012); Wind Farms and Mitigation Measures; Hargreaves v Secretary of State for Communities and Local Government and other (2011); Liability for Water Pollution Offences; Express Ltd v Environment Agency (2004); Standing Issues in Judicial Review; R (on the application of Edwards) v Environment Agency and another (2007); Part V Europe and the Environment; 23. The Legal Duty of Environmental Integration: Commitment and Obligation or Enforceable Right? (1998); Why A Legal Analysis?; The Integration Duty in Context; Is the Integration Duty Legally Binding or Exhortary?; To What Does the Duty Apply?; By Whom is the Duty Owed?; The Substance of the Duty: Regarding Environmental Protection Requirements; The Substance of the Duty: Integration; To Whom is the Integration Duty Owed?; Procedure and Substance Revisited; 24. Environmental Citizenship and the Law: Repairing the European Road (1996); Introduction; Environmental Rights in Community Law; Improving Community Enforcement Mechanisms; Applying the Rule of Law to the Commission; Environmental and Economic Rights: The Uneven Hierarchy; A New Goal for the Market?; 25. Balancing Trade Freedom with the Requirements of Sustainable Development (1996); Introduction; Developing a Community Framework; The Recognition of General Interests of the Community and the Member States; Discrimination and the Principles of Environmental Action; Necessity and Proportionality: Relating the Restriction to the Interest; Acting in the Community Interest and Finding an Appropriate Legal Basis; The Legal Bases Available; Finding Objective Factors for Review; Article 113 and the Inclusive Interpretation; Articles 100 and 100a – An Inclusive Interpretation of the Market; Trade-related Environmental Measures and the Uruguay Round Opinion; Conclusion; 26. Subsidiarity and European Community Environmental Law (1999); Development of the Concept; Subsidiarity and Justiciability; Subsidiarity and Enforcement; 27. The Enforcement of EU Environmental Law – Some Proposals for Reform (2005); The Context; The Present Picture; Suggestions for Improvement; The European Court of Justice; Conclusions; 28. The Enforcement of Community Environmental Laws: Some Critical Issues (1992); Introduction; The Role of the Commission; Formal Enforcement Procedures; Black Letter Implementation; Implementation in Practice – Conceptual and Practical Difficulties; Information Gaps and the Complaint Procedure; Some Concluding Remarks 537; 29. European Moves on Environmental Enforcement (2014); Effective Penalties under EU Law; Tough Administrative Penalties under EU Emissions Trading Regime Integrating Criminal and Administrative Enforcement; EU Court Imposes Penalty for Weak National Enforcement System; 30. Consistent Interpretation of EU Environmental Law (2013); Context; Development in the Case Law of the CJEU; The Application of the Duty; The Scope of the Duty; Conclusions; 31. Underlying Themes in the Policy Process (1983); Handling the Status Quo; International Ramifications; Intergovernmental Effectiveness; Priorities and Feasibility; Alignment and Harmonisation; Member States as Neighbours; Conclusions