Pub Date : 2019-05-23DOI: 10.1093/he/9780198811077.003.0007
Elizabeth Fisher, B. Lange, Eloise Scotford
Courts play an important role in environmental law. Among other things, they uphold the rule of law and adjudicate on the legal disputes that inevitably arise. This chapter explores the role of courts in environmental law. It outlines why courts are understood to be important in environmental law, what courts are, the different types of courts relevant to UK and EU environmental law, the importance of access to justice, and the actual and potential role of specialist environmental courts. Overall, what is apparent from this chapter is not only that the role of courts is an important one, but that it is also complex.
{"title":"7. Courts","authors":"Elizabeth Fisher, B. Lange, Eloise Scotford","doi":"10.1093/he/9780198811077.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198811077.003.0007","url":null,"abstract":"Courts play an important role in environmental law. Among other things, they uphold the rule of law and adjudicate on the legal disputes that inevitably arise. This chapter explores the role of courts in environmental law. It outlines why courts are understood to be important in environmental law, what courts are, the different types of courts relevant to UK and EU environmental law, the importance of access to justice, and the actual and potential role of specialist environmental courts. Overall, what is apparent from this chapter is not only that the role of courts is an important one, but that it is also complex.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44884290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0017
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter examines legal regimes relating to air quality, considering developments at the international, EU, UK and local levels. International and EU law is particularly important in this regulatory sphere since air pollution is a transboundary issue. There is also increasing public concern about air quality, which is reflected in high profile public interest litigation being brought against the UK government to ensure lawful levels of air quality are being met, or at least properly planned for. There are also implementation and coordination problems that make compliance with air quality law a considerable challenge. Regulating air quality ultimately requires coordinating the actions and efforts of actors in many industries, sectors, and geographical areas. At present, not all of those actors are within the scope of UK air quality law.
{"title":"17. Air Quality Law","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0017","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0017","url":null,"abstract":"This chapter examines legal regimes relating to air quality, considering developments at the international, EU, UK and local levels. International and EU law is particularly important in this regulatory sphere since air pollution is a transboundary issue. There is also increasing public concern about air quality, which is reflected in high profile public interest litigation being brought against the UK government to ensure lawful levels of air quality are being met, or at least properly planned for. There are also implementation and coordination problems that make compliance with air quality law a considerable challenge. Regulating air quality ultimately requires coordinating the actions and efforts of actors in many industries, sectors, and geographical areas. At present, not all of those actors are within the scope of UK air quality law.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49174375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0002
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter is an introduction to environmental problems specifically written for those studying environmental law. Understanding environmental problems is not just of passing academic interest, but is, rather, essential for understanding environmental law. A good environmental lawyer has a sophisticated appreciation of environmental problems and understands in particular how their nature impacts on environmental law and practice. The extracts in the chapter are thus not just optional background reading but are essential for understanding the subject. This chapter covers the collective nature of environmental problems, the role and limits of knowledge in identifying and addressing environmental problems, the nature of environmental values and the important but contentious role of the state in environmental decision-making.
{"title":"2. Understanding Environmental Problems","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0002","url":null,"abstract":"This chapter is an introduction to environmental problems specifically written for those studying environmental law. Understanding environmental problems is not just of passing academic interest, but is, rather, essential for understanding environmental law. A good environmental lawyer has a sophisticated appreciation of environmental problems and understands in particular how their nature impacts on environmental law and practice. The extracts in the chapter are thus not just optional background reading but are essential for understanding the subject. This chapter covers the collective nature of environmental problems, the role and limits of knowledge in identifying and addressing environmental problems, the nature of environmental values and the important but contentious role of the state in environmental decision-making.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45868336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0015
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter critically examines English, as well as selected European Union, laws that regulate the interlinked environmental challenges of protecting the quality and quantity of water courses. It deals with legal rules seeking to prevent and limit the pollution of rivers and other inland surface waters, such as lakes, as well as coastal areas and groundwater. One of the key challenges for water pollution law is to evolve into a more holistic, coherent, and integrated pollution control regime. In discussing this challenge, the chapter refers to and critiques recent interesting attempts to develop environmental policy discourses of bioregionalism and ecofederalism, that is, attempts to map regulatory space onto ‘natural’ spaces.
{"title":"15. Water Pollution","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0015","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0015","url":null,"abstract":"This chapter critically examines English, as well as selected European Union, laws that regulate the interlinked environmental challenges of protecting the quality and quantity of water courses. It deals with legal rules seeking to prevent and limit the pollution of rivers and other inland surface waters, such as lakes, as well as coastal areas and groundwater. One of the key challenges for water pollution law is to evolve into a more holistic, coherent, and integrated pollution control regime. In discussing this challenge, the chapter refers to and critiques recent interesting attempts to develop environmental policy discourses of bioregionalism and ecofederalism, that is, attempts to map regulatory space onto ‘natural’ spaces.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42528731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0005
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter introduces criminal liability for non-compliance with English environmental law. Environmental crime can be defined as behaviour that contravenes statutory provisions for the protection of the ecological and physical environment, where there is some kind of punitive sanction imposed for the contravention, with such provisions sometimes also pursuing the protection of public health. Environmental crime can also include criminal offences created through the common law, such as public nuisance. The purpose of this chapter is to discuss overarching themes, such as key elements of strict liability offences, in criminalizing behaviour that damages the environment, rather than details of specific offences spelt out in particular statutes. The argument here is that environmental crime sits uneasily within the environmental law regulatory landscape, which has been shaped in the UK in recent years by co-operative, ‘better regulation’ agendas that seek to reduce burdens on business.
{"title":"5. Criminal Liability","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0005","url":null,"abstract":"This chapter introduces criminal liability for non-compliance with English environmental law. Environmental crime can be defined as behaviour that contravenes statutory provisions for the protection of the ecological and physical environment, where there is some kind of punitive sanction imposed for the contravention, with such provisions sometimes also pursuing the protection of public health. Environmental crime can also include criminal offences created through the common law, such as public nuisance. The purpose of this chapter is to discuss overarching themes, such as key elements of strict liability offences, in criminalizing behaviour that damages the environment, rather than details of specific offences spelt out in particular statutes. The argument here is that environmental crime sits uneasily within the environmental law regulatory landscape, which has been shaped in the UK in recent years by co-operative, ‘better regulation’ agendas that seek to reduce burdens on business.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47194721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0012
Elizabeth Fisher, Bettina Lange, E. Scotford
While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.
{"title":"12. International Environmental Law","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0012","url":null,"abstract":"While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45313858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0019
Elizabeth Fisher, Bettina Lange, E. Scotford
Planning law regulates development. Given that environmental problems are often caused by development, planning law has an important role to play in environmental law. With that said, planning law is a vast subject. This chapter provides a basic introduction to planning law and its relationship to environmental law. Its objective is to ensure students have a robust understanding of how planning law works. It begins with a brief overview of the history of planning law, its major themes, and provides a map of the main legal frameworks in planning. It then considers the role of planning policy, the development application process, and the relevance of a range of environmental issues in that process.
{"title":"19. Planning Law","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0019","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0019","url":null,"abstract":"Planning law regulates development. Given that environmental problems are often caused by development, planning law has an important role to play in environmental law. With that said, planning law is a vast subject. This chapter provides a basic introduction to planning law and its relationship to environmental law. Its objective is to ensure students have a robust understanding of how planning law works. It begins with a brief overview of the history of planning law, its major themes, and provides a map of the main legal frameworks in planning. It then considers the role of planning policy, the development application process, and the relevance of a range of environmental issues in that process.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44569088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0014
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter focuses on Integrated Pollution Control (IPC), a form of environmental regulation that was developed in the EU in the early 1990s. IPC takes a holistic view of the environment, acknowledging that ecosystems draw on interconnected and interdependent elements of the living and non-living environment. The chapter critically assesses the incorporation of holistic understandings of the natural environment into environmental law. First, it traces the elusive policy idea of holistic environmental regulation and decision-making, and draws attention to the early emergence of ideas of integrated pollution control in Victorian environmental law in Britain. Second, the chapter maps the application of holistic understandings of the natural environment through IPC regimes in both the EU and the UK, in particular the EU Directive on Industrial Emissions and its implementation through the Environmental Permitting (England and Wales) Regulations 2016.
{"title":"14. Integrated Pollution Control","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0014","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0014","url":null,"abstract":"This chapter focuses on Integrated Pollution Control (IPC), a form of environmental regulation that was developed in the EU in the early 1990s. IPC takes a holistic view of the environment, acknowledging that ecosystems draw on interconnected and interdependent elements of the living and non-living environment. The chapter critically assesses the incorporation of holistic understandings of the natural environment into environmental law. First, it traces the elusive policy idea of holistic environmental regulation and decision-making, and draws attention to the early emergence of ideas of integrated pollution control in Victorian environmental law in Britain. Second, the chapter maps the application of holistic understandings of the natural environment through IPC regimes in both the EU and the UK, in particular the EU Directive on Industrial Emissions and its implementation through the Environmental Permitting (England and Wales) Regulations 2016.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44790103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0006
Elizabeth Fisher, Bettina Lange, E. Scotford
An important feature of environmental law is the creation of statutory schemes that impose liability on those that engage in environmental deleterious activity and/or require them to remediate environmental harm. This chapter discusses three different statutory regimes that exist in UK and EU environmental law which create liabilities, obligations, or provide remedies to address a range of environmentally related problems: statutory nuisance; the contaminated land regime under Part IIA of the Environmental Protection Act; and the EU Environmental Liability Directive. The chapter begins by providing a brief conceptual overview of different types of statutory liability techniques. Its aim is to give some feeling for both the conceptual complexity and the practical significance of these areas of law.
{"title":"6. Statutory Liabilities and Remedies","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0006","url":null,"abstract":"An important feature of environmental law is the creation of statutory schemes that impose liability on those that engage in environmental deleterious activity and/or require them to remediate environmental harm. This chapter discusses three different statutory regimes that exist in UK and EU environmental law which create liabilities, obligations, or provide remedies to address a range of environmentally related problems: statutory nuisance; the contaminated land regime under Part IIA of the Environmental Protection Act; and the EU Environmental Liability Directive. The chapter begins by providing a brief conceptual overview of different types of statutory liability techniques. Its aim is to give some feeling for both the conceptual complexity and the practical significance of these areas of law.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41800990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-23DOI: 10.1093/HE/9780198811077.003.0003
Elizabeth Fisher, Bettina Lange, E. Scotford
This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.
{"title":"3. Private Law","authors":"Elizabeth Fisher, Bettina Lange, E. Scotford","doi":"10.1093/HE/9780198811077.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198811077.003.0003","url":null,"abstract":"This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42843692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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